If you’ve ever been arrested or charged with a crime in Texas, even if your case was dismissed or you were found not guilty, that record doesn’t automatically disappear. It can still show up on background checks and potentially impact your employment, housing, or education opportunities. Fortunately, Texas law provides two options to limit or erase your criminal record: expunction and nondisclosure orders. But what’s the difference between them—and which one might apply to your situation?
What Is an Expunction?
Expunction (also called “expungement”) is the most powerful form of record-clearing available in Texas. If granted, it completely erases your criminal record related to the specific case. It’s as if the arrest or charge never happened.
You may be eligible for expunction if:
- Your charges were dismissed
- You were acquitted (found not guilty)
- You were arrested but never charged
- You completed a pretrial diversion program
- Your conviction was overturned by a higher court
- You were a victim of identity theft and the arrest wasn’t actually yours
Once an expunction is granted, you can legally deny the incident ever occurred—even under oath in most situations.
What Is an Order of Nondisclosure?
An order of nondisclosure doesn’t erase your record, but it seals it from public view. That means most private employers, landlords, and members of the public won’t see it on a background check—but law enforcement, state agencies, and some government entities still can.
You may qualify for a nondisclosure if:
- You successfully completed deferred adjudication
- You were placed on and completed certain probation or community supervision
- You meet all waiting periods and haven’t reoffended
Not all offenses qualify for nondisclosure—crimes involving family violence, murder, human trafficking, and some sex offenses are generally excluded.
Key Differences at a Glance
With an expunction, your criminal record is completely erased. In contrast, a nondisclosure only seals the record from public view—it still exists and can be accessed by certain government agencies and law enforcement.
If your record is expunged, no one can see it except you or your attorney. With a nondisclosure, the record remains visible to law enforcement, courts, and certain state agencies.
Expunction is available only for limited situations, such as cases that were dismissed, where you were acquitted, or where charges were never filed. Nondisclosure, on the other hand, may be available in more situations, including after completing deferred adjudication for qualifying offenses.
Both expunction and nondisclosure typically have waiting periods, but the length and conditions depend on the type of offense and outcome of the case.
If your record is expunged, you can legally deny that the incident ever happened. With a nondisclosure, you may not be able to deny it in every situation, particularly when dealing with government entities or under specific legal obligations.
Why This Matters
Even one charge on your record—regardless of the outcome—can impact your future. Understanding the difference between expunction and nondisclosure could help you take the right legal steps to clear your name and move forward.
Need Help Clearing Your Record?
At The Barrera Law Firm, we help Texans understand their rights and take action to clean up their criminal records. If you’re unsure whether you qualify for expunction or nondisclosure, we can review your case and guide you every step of the way.
Contact us today for a consultation and take the first step toward a fresh start.
