TEXAS EXPUNCTIONS & NONDISCLOSURES
The Case May Be Over. The Record May Not Be.
An arrest can continue to appear long after the courtroom part of the case has ended.
It may surface on a background check when someone applies for a job, an apartment, a professional opportunity, or simply tries to move forward.
Texas law provides ways to address certain criminal records. Depending on the case, that may mean an expunction or an order of nondisclosure.
They are not the same remedy, and not every record qualifies.
The first question is not how to clear the record. It is whether Texas law allows you to clear it.
UNDERSTANDING YOUR OPTIONS
Expunction and Nondisclosure Are Not the Same Thing.
People often use phrases like “seal my record” or “get this off my background” without knowing which legal remedy applies.
That is understandable.
Texas law makes important distinctions between expunctions and orders of nondisclosure.
Expunction
An expunction is the more complete remedy. When a person qualifies and an expunction is granted, the law provides a process for certain records and files relating to the arrest to be removed or destroyed by the agencies subject to the order.
Eligibility is limited and depends on what happened in the underlying case.
LEARN ABOUT TEXAS EXPUNCTIONS →Order of Nondisclosure
An order of nondisclosure is different. Rather than functioning as an expunction, it generally restricts public disclosure of eligible criminal-history record information while allowing access in circumstances authorized by Texas law.
Eligibility depends on the offense, the disposition of the case, and other requirements.
LEARN ABOUT NONDISCLOSURES →Which remedy applies begins with the history of the case—not with what someone wants the record to say.
EXPUNCTIONS & NONDISCLOSURES
Start With What Happened to the Case.
Dismissed Cases
A dismissal does not necessarily mean the records associated with an arrest disappear. Whether a dismissed case qualifies for expunction depends on the circumstances of the case and the requirements of Texas law.
EXPUNCTION AFTER DISMISSAL →Arrests That Did Not Result in Charges
Sometimes an arrest occurs but a criminal case is never formally filed. That does not necessarily mean the arrest record disappeared. Whether an expunction is available depends on the circumstances and applicable waiting periods and requirements.
ARRESTED BUT NEVER CHARGED →Acquittals
When a criminal case ends in an acquittal, Texas law may provide a path to expunction of records relating to the arrest, subject to the law governing the particular circumstances.
EXPUNCTION AFTER AN ACQUITTAL →Deferred Adjudication
Deferred adjudication creates one of the most common areas of confusion in Texas record clearing. It generally does not mean the case simply disappears when supervision ends. Depending on the offense and other circumstances, an order of nondisclosure may be available.
DEFERRED ADJUDICATION & NONDISCLOSURE →DWI Records
Texas law treats DWI records differently depending on how the case was resolved. Some people may have options involving expunction or nondisclosure, while others may not. The disposition of the case matters.
DWI EXPUNCTIONS & NONDISCLOSURES →Misdemeanor Records
Whether a misdemeanor record can be expunged or made subject to an order of nondisclosure depends on the offense, the disposition, the person's history, and the particular requirements of Texas law.
MISDEMEANOR RECORD CLEARING →Felony Records
A felony on a criminal history does not automatically mean that nothing can be done, but the available remedies can be significantly more limited. The starting point is determining exactly what happened in the case and whether Texas law provides an available remedy.
FELONY RECORD CLEARING →Not Sure What You Qualify For?
You do not need to know whether you need an expunction or nondisclosure before contacting the firm. Start with the arrest, the charge, and how the case ended.
DISCUSS YOUR RECORD →THE RECORD AFTER THE CASE
Dismissed Does Not Mean Disappeared.
A criminal case can end without a conviction and still leave a record behind.
The arrest may remain. The charge may remain. Court records and criminal-history information may continue to exist even though the case itself is no longer pending.
That distinction can come as a surprise to someone who reasonably believed the matter was finished.
Winning the case and clearing the record are two different legal problems.
If Texas law provides a remedy, addressing the record usually requires a separate legal process.
The first step is determining what records exist, how the underlying case was resolved, and which remedy—if any—is available.
TEXAS EXPUNCTIONS
An Expunction Is More Than Hiding a Search Result.
An expunction is a legal remedy governed by Texas law.
When a person qualifies and an expunction is granted, an order is directed to the agencies and entities covered by the proceeding and requires the handling of eligible records in accordance with that order and Texas law.
That is different from simply asking a website to remove information or hoping an old case stops appearing in a search.
The objective is not to make the record harder to find. It is to use the legal remedy Texas provides when the case qualifies.
ORDERS OF NONDISCLOSURE
When Expunction Is Not Available, the Analysis Does Not Always End There.
Some criminal records do not qualify for expunction.
That does not necessarily mean there are no options.
For certain eligible cases, Texas law provides for an order of nondisclosure. A nondisclosure does not erase the record in the same manner as an expunction. Instead, it generally restricts public disclosure of covered criminal-history record information, subject to the exceptions and access permitted by law.
The distinction matters. So does knowing which remedy actually fits the case.
ELIGIBILITY
The Case History Comes First.
Before deciding whether an expunction or nondisclosure is available, the underlying case has to be understood.
What was the original charge?
Was the person arrested?
Was the case filed?
Was it dismissed?
Was there a plea?
Was deferred adjudication ordered?
Was there a conviction?
Was the person acquitted?
Were there other charges arising from the same arrest?
Has enough time passed?
Small differences in the history of a case can lead to very different answers.
That is why eligibility should be determined from the actual record and the applicable Texas law—not from an online quiz or a general statement that a particular type of charge is “expungeable.”
THE PROCESS
Start With the Record You Have.
01
We Identify the Case
Start with what you know: where the arrest happened, what the charge was, approximately when it occurred, and how you believe the case ended.
02
We Determine Eligibility
The case history is evaluated under Texas law to determine whether an expunction, nondisclosure, or another course of action may be available.
03
We File the Appropriate Proceeding
If a legal remedy is available and the firm is retained, the appropriate petition or application is prepared and filed with the proper court.
04
We See the Process Through
The case proceeds through the required legal process, including the order and the agencies or entities addressed by it as applicable.
TEXAS RECORD CLEARING
The Case Ended Here. The Record Can Follow You Anywhere.
The Law Offices of John Green is based in San Marcos and handles expunction and nondisclosure matters for eligible Texas criminal records.
John began his legal career as a prosecutor in Guadalupe County and has practiced throughout Hays, Guadalupe, and Comal Counties.
That background provides a practical understanding of how criminal cases move through the system—and why the end of the prosecution does not necessarily mean the end of the record.
The first step is finding out whether Texas law gives you a way forward.
THE LAW OFFICES OF JOHN GREEN, PLLC
Your Case May Be Over. Find Out What Can Be Done About the Record.
If an old arrest or criminal case is still appearing in your life, start by finding out what happened to the case and whether Texas law provides a remedy.
You do not need to know whether you need an expunction or an order of nondisclosure before contacting the firm.
Start with the record. Then determine the remedy.
San Marcos, Texas · Texas Expunctions & Nondisclosures