Expunction vs. Nondisclosure: Which Texas Record Relief Option Fits You?

If your Texas criminal record has kept you from finding a job, securing a place to live, or getting a professional license, you may have looked into ways to clear your record or at least keep it from showing up on background checks. Texas law offers two main ways for people to clear their record: expunction and orders of nondisclosure.

With the team at Garza Law Office, PLLC, you can find the best route forward for managing your criminal record. Attorney Dora Alicia Garza has extensive experience as a criminal defense lawyer in Texas, and her passion for advocacy makes her the natural choice for those seeking a fresh start. Learn more about how our established criminal defense law firm can help you now by calling us at 956-329-1304.

Why Record Relief Matters

Those who have never had a criminal record rarely recognize how much of a profound impact it can have on your life. Every single brush with the law, whether or not it results in a conviction, can create long-term obstacles in your life. Applications for jobs, apartments, and professional licenses almost always ask if you have any criminal record. Anyone can run your name through a public database for information on arrests, charges, and convictions. Many websites even show mugshots. All of these issues can make it incredibly hard to move forward.

What is Expunction?

Expunction is a court process in Texas that erases criminal records relating to an arrest or criminal charges that did not lead to a conviction. Certain conditions must be met for expunction to be an option. Situations that may call for expunction include:

• Arrest not leading to criminal charges
• Criminal charges that were dismissed
• Some misdemeanor juvenile offenses
• Certain minor convictions for alcohol offenses
• Conviction for failure to attend school
• Arrest of a person due to identity theft by a person who was later arrested, charged, or convicted
• Conviction for a crime that was later acquitted
• Conviction for a crime that was later pardoned

It’s important to note that even if your situation fits into one of the categories listed above, that does not necessarily mean that you qualify for expunction.

There are also limitations to expunctions. Most convictions cannot be expunged, and there are strict rules and waiting periods that limit you. Furthermore, small errors or details on your petition can result in denial.

What is an Order of Nondisclosure in Texas?

An order of nondisclosure is a court order that keeps courts, law enforcement agencies, prosecutorial offices, and clerks of the court from disclosing specific criminal records. When you receive an order of nondisclosure with the help of a criminal defense attorney, you no longer have to disclose the information on job applications. The court system breaks nondisclosure orders into different types of petitions and orders.

To qualify for an order of nondisclosure, you must meet certain requirements. You have to go through deferred adjudication probation, wait the appropriate amount of time, and not have committed any additional crimes since your case. Additionally, orders of nondisclosure are not available for certain offenses.

Key Differences Between Expunction and Nondisclosure

A criminal defense lawyer can tell you if you qualify for either of these forms of relief. Both options limit access to your record, but the differences are important.

Expunction essentially erases the entire incident from your criminal record. The records are destroyed, you can legally deny the incident, and the requirements are extremely strict.

Nondisclosure seals the records of the incident from public view. However, the records are still accessible to licensing boards and law enforcement. The records still exist—but the public cannot view them. It is somewhat easier to qualify for an order of nondisclosure than it is to qualify for expunction.

Which Option is Right for You?

Not sure which type of relief is right for you? Talking to a criminal defense attorney should be your next move. In the meantime, compare your circumstances to each option to figure out which option is best suited to your situation:

• Expunction may fit if you were arrested but not charged, had charges dismissed, were acquitted, or received a pardon.
• An order of nondisclosure may fit if you completed deferred adjudication successfully, have a misdemeanor conviction, and have not had any further criminal charges since.

Compare Your Options With Garza Law Office

If you’re ready to explore relief options, our criminal defense law firm is here to help. Set up a consultation by calling us at 956-329-1304 or sending us a message online.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.