Expunctions and Nondisclosures

An old arrest or case can show up on background checks long after it is over. Texas law offers two ways that may help: an expunction or an order of nondisclosure.

What these terms mean

• Expunction (sometimes called expungement) means the records of an arrest or charge are destroyed or returned, and in most situations you may legally deny it happened. It is generally available when a case did not end in a conviction, for example when charges were dismissed, never filed, or you were found not guilty.
• Order of nondisclosure means the records are sealed from the public, including most employers and landlords, but law enforcement and certain licensing agencies can still see them. It is often available after successfully completing deferred adjudication, and for some other outcomes.

Which one fits, if either, depends on the charge, how the case ended, your other history, and how much time has passed. Some charges can never be sealed.

What may be at stake

A record that stays public can affect:

• Getting a job or a promotion
• Renting a home
• Professional licenses and school admissions
• Peace of mind

Getting the details right matters. A petition that leaves out an agency or a record can mean the information keeps appearing.

How the process usually works in Tarrant County

Every case is different, and the steps and timing can vary. We also handle cases in the counties around Tarrant County; the general steps are similar, but each county's courts have their own schedules and practices. In general:

1. Eligibility review. Your attorney gathers your records and checks which option, if any, fits, and when.
2. The petition. A petition is filed with the court, listing the agencies that hold records about the case.
3. Notice and hearing. The State and the agencies are notified. The judge may hold a hearing.
4. The order. If the judge grants it, the order is sent to the agencies so they destroy or seal the records.

How our attorneys help

• We review your history and tell you honestly whether you appear to qualify, and when.
• We find the agencies that hold records about your case, so none are left out.
• We prepare and file the petition and represent you at any hearing.
• If you have a case now, we can talk with you about how different outcomes may affect clearing your record later.