A criminal record can affect employment opportunities, housing applications, and access to credit. Employers, landlords, and lenders often conduct background checks before making decisions. In Texas, certain people may be able to limit or remove public access to their criminal history through an expunction or an order of non disclosure. A criminal defense attorney can help determine whether you qualify.
Understanding Expunctions in Texas
An expunction is a legal process that removes arrest and case records from public view and requires those records to be destroyed. If an expunction is granted, you may legally deny that the arrest or case ever occurred, with limited exceptions.
An expunction does not happen automatically. It requires filing a civil petition and obtaining a court order.
You may qualify for an expunction in situations such as:
- You were acquitted at trial
- Your conviction was reversed on appeal and the charge was dismissed
- You were pardoned on the basis of innocence
- Your case was dismissed and did not result in probation
- Charges were never filed and the statute of limitations expired
- The prosecutor declined to pursue charges
Waiting periods vary depending on how the case was resolved and the level of the offense. Some cases allow immediate filing, while others require waiting months or years from the date of arrest.
A Texas criminal defense attorney can review your case and confirm whether expunction is available.
What Is an Order of Non Disclosure
An order of non disclosure seals criminal records from public background checks. Unlike an expunction, the records are not destroyed. Law enforcement agencies, courts, and certain government entities may still access the information.
Non disclosure is most commonly available after successful completion of deferred adjudication probation. Eligibility depends on the offense, the outcome of the case, and your criminal history.
Situations that may limit eligibility include:
- Cases resulting in a final conviction with jail time
- Certain serious or violent offenses
- Some prior criminal convictions
Texas law has expanded non disclosure eligibility in recent years, including limited situations involving certain misdemeanor convictions. These cases are highly fact specific and often involve waiting periods.
When to Speak With an Attorney
Eligibility for expunction or non disclosure depends on how the case ended, not just the charge itself. Courts also have discretion in granting or denying petitions. A criminal defense attorney can evaluate whether your record may be cleared or sealed and advise on timing and strategy.
Getting legal guidance early can improve your chances of a successful outcome and help avoid filing errors or missed deadlines.
To learn more about expunctions and orders of non disclosure, contact the Lawyer Referral Service of Central Texas. Call 512-472-8303 or complete our instant referral form to be connected with an experienced Texas criminal defense attorney who can review your situation.
