A criminal record does not disappear just because your case ends, even if you are acquitted. In Texas, arrests, charges, and court outcomes can continue to show up on background checks long after the legal process is over. Many people assume a dismissed case or a not-guilty verdict automatically clears their record. Others hear about expungement or record sealing but are unsure which applies to their situation.
Texas law offers more than one way to limit public access to criminal records, but eligibility, timing, and legal impact differ—and recent statutory changes have added to the confusion.
Why Criminal Records Still Matter in Texas
Even when a case does not result in a conviction, records can affect your daily life. Prospective employers and landlords, licensing boards, and financial institutions often have access to your criminal history. Online court databases and third-party background check companies often keep records accessible unless formal legal steps are taken to remove or restrict them. Accordingly, for many Texans, clearing or sealing a record is the difference between opportunity and continued barriers.
What Is Expungement Under Texas Law?
Expungement, also called expunction, is the complete removal of a criminal record. When a record is expunged, the law treats the arrest or case as if it never occurred. Once an expunction is granted, government agencies, courts, and law enforcement must delete or destroy records relating to the case. The individual may legally deny the arrest or charge in most situations.
Expungement is available only in specific circumstances defined by statute.
What Is an Order of Nondisclosure
An order of nondisclosure seals a criminal record rather than destroying it. The record is removed from public view but remains accessible to certain government agencies, law enforcement, and licensing authorities. Nondisclosure is most commonly associated with deferred adjudication cases that were completed. While sealed records generally do not appear on standard background checks, they are not erased entirely.
Key Differences Between Expungement and Nondisclosure
The difference between these remedies is significant:
- Expungement removes records entirely; nondisclosure seals them.
- Expunged charges can be denied; sealed records still exist.
- Eligibility rules and waiting periods differ.
- Some offenses qualify for one remedy but not the other.
Eligibility Rules for Expungement and Nondisclosure
Eligibility rules for expungement and nondisclosure vary based on the circumstances.
Eligibility Rules for Expungement in Texas
Expungement may be available in the following situations:
- An arrest that did not result in charges, after statutory waiting periods
- A dismissal of charges, depending to some extent on the reason for dismissal
- Acquittals or not-guilty verdicts
- Certain juvenile matters
Eligibility depends on factors including offense type, case outcome, and whether limitations periods have expired.
Eligibility Rules for Nondisclosure
Nondisclosure typically applies to cases involving deferred adjudication. Not all offenses qualify, and some convictions permanently disqualify a person from record sealing.
Waiting periods apply in many cases, and eligibility must be analyzed carefully under the statute in effect at the time of filing.
What’s Changing: Texas Expunction and Nondisclosure Rules Heading Into 2026
Texas has made incremental changes to its record-clearing laws in recent years, generally expanding eligibility and making adjustments to waiting periods. Some relief is now automatic, while other cases still require a formal petition.
As statutory changes continue to take effect, individuals with older cases may now qualify for relief that was previously unavailable. Each case must be reviewed under current law rather than assumptions based on past rules.
How Bailey & Galyen Helps Clients Clear or Seal Criminal Records
The law offices of Bailey & Galyen assists clients by evaluating eligibility under current Texas law, preparing accurate petitions, representing clients in court when required, and ensuring that agencies comply with expunction or nondisclosure orders. The goal is not just an order, but a meaningful removal or restriction of records.
Read Also: Expunging or Sealing a Criminal Record in Texas
Talk to a DFW Expungement or Nondisclosure Lawyer About Your Record
Clearing or sealing a criminal record is a statutory process with strict requirements. Acting without guidance can lead to delay or permanent ineligibility.
Bailey & Galyen, the official law firm sponsor of the 2023 World Series champion Texas Rangers, has protected the rights of individuals and businesses in the DFW Metroplex and across the state of Texas for more than 40 years, earning more than 5,000 five-star reviews.
For a confidential consultation, contact us online or call our offices at 844-402-2992. We are available by phone 24 hours a day, seven days a week. We will meet with you evenings or weekends, if necessary. Hablamos español en nuestra oficina.
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