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A Criminal Record Doesn't Have to Follow You Forever.
For many people, a criminal case ends long before the consequences do. A charge, arrest, or court case may continue to appear on background checks years after the matter was resolved. Even when a case was dismissed or did not result in a conviction, the record may remain visible to employers, landlords, licensing boards, and others.
A visible criminal record can create obstacles when applying for employment, housing, professional licenses, and educational opportunities. Texas law provides several forms of relief that may remove qualifying records or limit public access to them.
At Denuna & Westbrook, PLLC, we assist clients throughout Texas with expunctions, nondisclosures, and other record-clearing matters designed to help them move forward.
The terms are sometimes used interchangeably, but they describe fundamentally different remedies. Which remedy may be available depends primarily on how the case was resolved and whether the statutory eligibility requirements have been satisfied.
An expunction is the most complete record-clearing remedy available under Texas law. Under Texas Code of Criminal Procedure Chapter 55A, an expunction order requires qualifying records to be deleted, destroyed, or returned as provided by law. Subject to limited statutory exceptions, a person may deny the occurrence of the arrest and the existence of the expunction order.
A nondisclosure does not erase the record. Under Texas Government Code Chapter 411, an order of nondisclosure restricts public access to qualifying criminal history information. Most private employers, landlords, and members of the public will no longer be able to obtain the record through ordinary criminal-history searches, but authorized government agencies and other entities may retain access.
Determining which form of relief may be available requires careful review of the charge, the final disposition, the person’s criminal history, and any applicable waiting period.
This is one of the most common misconceptions in record-clearing cases. A dismissal does not automatically remove the arrest or court record. In many situations, the information remains visible on background checks unless additional legal action is taken. A case that seemed resolved years ago can therefore surface at the worst possible moment.
A dismissed case doesn’t automatically disappear from your record. In many situations, the arrest remains visible on background checks unless you take additional legal action to clear it.
The same may be true when an arrest never resulted in formal charges. Even if prosecutors declined to file a case, the arrest may remain in background-check records and law-enforcement databases. If the requirements of Chapter 55A are satisfied, an expunction may provide a way to remove the qualifying records.
Under Texas Code of Criminal Procedure Chapter 55A, expunction may be available in situations involving:
When an expunction is granted, agencies and other entities subject to the order must dispose of the qualifying records as directed by the court and Chapter 55A. For many people, this provides the opportunity to move forward without the continuing burden of a publicly visible arrest or criminal case.
Eligibility rules are specific and sometimes complex. Not every dismissal or unfiled arrest qualifies. Waiting periods, limitations, the nature of the offense, related charges arising from the same arrest, and the manner in which the case was resolved can all affect eligibility.
These terms sound similar, but they describe very different resolutions.
Deferred adjudication is governed by Texas Code of Criminal Procedure Chapter 42A and may be available for certain Class B misdemeanors, Class A misdemeanors, and felonies. The court does not enter a final conviction if the person successfully completes community supervision and receives a discharge and dismissal. Depending on the offense, criminal history, waiting period, and other statutory requirements, the record may qualify for an order of nondisclosure.
Deferred disposition is available for eligible fine-only misdemeanors in justice and municipal courts under Texas Code of Criminal Procedure Chapter 45A. When the required conditions are completed, the charge is dismissed. Unlike deferred adjudication, deferred disposition is not formal community supervision under Chapter 42A.
A successful deferred disposition may create eligibility for an expunction, but the dismissal alone does not automatically clear the record. Eligibility still depends on the offense, the disposition, and the applicable statutory requirements. The distinction matters because a qualifying deferred disposition may lead to expunction, while deferred adjudication ordinarily leaves nondisclosure as the available record-clearing remedy.
When expunction is not available, an order of nondisclosure may still provide meaningful relief. Nondisclosures frequently arise after Deferred Adjudication Community Supervision, but Texas law also provides relief for certain convictions. Depending on the applicable statute, an order may be issued automatically or may require a petition, a waiting period, notice to the State, and a finding that issuance is in the best interest of justice.
If granted, the record is restricted from public disclosure and ordinarily will not appear in criminal-history searches conducted by private employers, landlords, and members of the public. The record is not destroyed, and authorized agencies and entities may continue to access it, but a nondisclosure can significantly reduce its practical impact.
Most people associate nondisclosure with deferred adjudication. Texas law also provides potential relief for certain misdemeanor and first-time DWI convictions.
Under Texas Government Code Section 411.0735, certain misdemeanor convictions may qualify for nondisclosure after the sentence has been completed. Fine-only misdemeanors may be eligible upon completion of the sentence, including payment of any fine, costs, or restitution and completion of any additional sanctions. Qualifying Class A and Class B misdemeanors generally require a two-year waiting period. Eligibility depends on the offense, the person’s criminal history, conduct during the applicable period, and the other requirements of the statute.
Texas law permits nondisclosure of certain first-time misdemeanor DWI cases, including qualifying convictions and deferred-adjudication dispositions. The available pathway depends on how the case was resolved. Common requirements include a BAC below 0.15, no disqualifying criminal history, successful completion of the sentence or community supervision, and no motor-vehicle accident involving another person, including a passenger.
The waiting period is not the same in every DWI case. Depending on the statutory pathway and whether an ignition interlock was required for at least six months, a person may have to wait two, three, or five years after completing the sentence or deferred adjudication before filing.
These laws apply to qualifying older cases as well as more recent ones. A person with a first-time DWI from years ago may therefore have an opportunity to restrict public access to the record.
The specific terms of a DWI resolution can determine whether nondisclosure will be available years later.
A DWI punished as a Class A misdemeanor because of an alleged BAC of 0.15 or higher does not qualify under the current DWI nondisclosure statutes. Relief may also be unavailable if the offense resulted in a motor-vehicle accident involving another person, including a passenger. These details should be considered when evaluating any proposed resolution.
In some cases, the evidence may support negotiation over a high-BAC enhancement or a disputed allegation that the offense resulted in an accident involving another person. Any modification must be supported by the facts and accepted by the State and the court. When available, the final structure of the resolution can affect whether the record may later qualify for nondisclosure.
Deferred-adjudication DWI has its own nondisclosure pathway and eligibility requirements. A qualifying Class B DWI may become eligible after the applicable waiting period, while a DWI involving a BAC of 0.15 or higher or an accident involving another person is excluded.
How the case is resolved shapes the options that may remain available years later. Denuna & Westbrook considers future record-clearing eligibility when advising clients about DWI resolutions.
Eligibility requirements vary among the different nondisclosure statutes. Certain offenses, findings, and prior history can restrict or eliminate relief. Common barriers include:
Family violence can create lasting barriers to nondisclosure. Even a fine-only assault may be excluded if the offense involved family violence or the court entered an affirmative finding of family violence. The level of the offense is not the only consideration; the nature of the offense and the court’s findings also matter.
The same concern applies to deferred adjudication for an Assault-Family Violence offense. Although successful completion avoids a final conviction, an offense involving family violence is generally excluded from nondisclosure. A proposed plea should therefore be evaluated for both its immediate consequences and its effect on future record-clearing options.
An offense requiring sex-offender registration is excluded from nondisclosure relief. Expunction eligibility is a separate question and depends on how the case was resolved and whether the requirements of Chapter 55A are satisfied.
Record-clearing remedies are governed by detailed statutory requirements, including waiting periods that vary according to the type of relief, the offense, and the manner in which the case was resolved. Filing too early can result in denial and additional expense. Waiting after eligibility has been reached allows the record to continue creating avoidable obstacles.
Background checks are used by employers, landlords, licensing agencies, educational programs, and many other organizations. Even after a case is dismissed or community supervision is completed, a visible record may continue creating challenges. For many people, an expunction or nondisclosure provides an opportunity to be evaluated on who they are today rather than on a past arrest or case.
Determining eligibility is only the first step. Relief generally requires the correct procedure, supporting records, notice to the proper agencies or prosecutor, and a court order that accurately identifies the information to be expunged or restricted.
Nick Westbrook and Chris Denuna assist clients with identifying the underlying arrest and court records, confirming how the case was resolved, determining the appropriate statutory pathway, and preparing the documents required to pursue relief. The goal is to obtain an order that accurately covers the qualifying records and the agencies that maintain them.
Eligibility should be evaluated before filing. Details such as the precise disposition, related charges, waiting periods, prior criminal history, and the court with jurisdiction may determine what relief is available and how it must be pursued.
What's the difference between an expunction and a nondisclosure?
An expunction requires qualifying records to be deleted, destroyed, or returned as provided by law and may allow the person to deny the arrest, subject to limited exceptions. A nondisclosure restricts public access but does not destroy the record. Authorized government agencies and entities may retain access after nondisclosure.
Can I get an expunction if my case was dismissed?
Possibly. Many dismissed cases qualify, but eligibility depends on the reason for dismissal, the offense, related charges, applicable waiting periods, and other requirements of Chapter 55A. A dismissal does not automatically clear the record.
What's the difference between deferred disposition and deferred adjudication?
Deferred disposition is available for eligible fine-only misdemeanors and results in dismissal after successful completion. The case may then qualify for expunction. Deferred adjudication is community supervision under Chapter 42A and ordinarily cannot be expunged, although an eligible record may qualify for nondisclosure.
Can I get a nondisclosure after a conviction, not just deferred adjudication?
Yes, in certain circumstances. Texas law permits nondisclosure after some misdemeanor convictions and qualifying first-time DWI convictions. Eligibility depends on the offense, sentence, criminal history, waiting period, and the particular Government Code provision that applies.
Can my first-time DWI conviction be sealed?
Possibly. Certain first-time Class B misdemeanor DWI convictions with a BAC below 0.15 may qualify if the offense did not result in a motor-vehicle accident involving another person and the other statutory requirements are met. Depending on the applicable pathway, the waiting period may be two, three, or five years.
Can I get a nondisclosure after deferred adjudication?
In many situations, yes. Eligibility depends on the offense, successful completion of deferred adjudication, criminal history, waiting periods, and other statutory requirements. Family-violence offenses, sex-offender-registration offenses, and other excluded offenses may prevent relief.
Do all criminal offenses qualify for expunction or nondisclosure?
No. Eligibility depends on the remedy, the offense, the disposition, related charges, criminal history, and the specific statutory requirements. Expunction and nondisclosure must be evaluated separately.
How long does the process take?
The timeline depends on the type of relief, the court, whether the State contests the request, and the number of agencies that must be notified. Many cases take several months from filing through entry and distribution of the final order.
What if I was arrested but charges were never filed?
The arrest may still appear on a background check or in government databases. Chapter 55A may permit expunction after the applicable statutory period, but the fact that charges were never filed does not automatically clear the arrest.
A criminal record does not have to remain a permanent obstacle. The first step is determining exactly what appears on the record, how the case was resolved, and which form of relief Texas law may provide.
Denuna & Westbrook, PLLC assists clients with expunctions and nondisclosures throughout Houston and the Gulf Coast region, including Harris, Fort Bend, Montgomery, Galveston, Brazoria, and Waller Counties.
Call 713-966-0253, email info@texasdwlaw.com, or reach out online to schedule a confidential consultation.
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