Clearing Your Criminal Record in Texas: Expungement and Nondisclosure Explained

 Posted on April 23, 2025 in Criminal Defense

A criminal record can follow you for years, affecting your ability to secure employment, housing, loans, and even professional licenses. Even if charges were dismissed or you were never convicted, your record may still be accessible to employers, landlords, and licensing boards. Fortunately, Texas law provides options for clearing or sealing your record through expungement and nondisclosure.

At Barbieri Law Firm, we help individuals move forward by navigating the complex process of record clearing. In this blog, we'll explain the difference between expungement and nondisclosure, who qualifies, and how an attorney can help protect your future.

Expungement vs. Nondisclosure: What's the Difference?

Texas offers two legal options for clearing a criminal record, but they serve different purposes:

Expungement (Expunction)

✔ Completely erases your criminal record
✔ Allows you to legally deny the arrest ever happened
✔ The records are destroyed, making them inaccessible to the public, employers, and even law enforcement

Who qualifies for expungement?
You may be eligible if:

• Your case was dismissed without conviction
• You were acquitted (found not guilty)
• You were arrested but never charged
• You completed a pretrial diversion program
• You received a pardon from the Governor

Expungement is the most powerful option, but only certain individuals qualify. If you have a conviction, expungement is typically not available.

Order of Nondisclosure (Record Sealing)

✔ Seals your record from the public but still allows access for law enforcement and some government agencies
✔ Employers, landlords, and most licensing boards will not see the sealed record
✔ Unlike expungement, it does not erase the record but hides it from public view

Who qualifies for nondisclosure?
You may be eligible if:

• You successfully completed deferred adjudication
• You have a first-time DWI conviction (with certain conditions)
• You have completed all sentencing requirements and waited the required time period

Nondisclosure is an excellent option for those who don't qualify for expungement but still want to protect their future from the stigma of a criminal record.

How a Criminal Record Can Impact Your Future

A criminal record can create serious roadblocks in life, even if the charge never led to a conviction. Having an arrest or conviction on your record may:

Prevent you from getting hired-Many employers conduct background checks and may reject candidates with any criminal history.
Block professional license applications-Careers in healthcare, law, finance, and education often have strict licensing requirements.
Limit housing opportunities-Landlords frequently screen tenants for criminal records.
Affect financial opportunities-Banks and lenders may deny loans based on a criminal history.
Restrict gun ownership rights-Certain convictions can disqualify you from legally owning a firearm.

Clearing or sealing your record can open doors and give you a fresh start.

How to Get an Expungement or Nondisclosure in Texas

The process of expungement or nondisclosure involves multiple legal steps, and any mistakes can result in denial. Here's an overview of what to expect:

1. Determine Your Eligibility

Your attorney will review your criminal history and case outcome to determine whether you qualify for expungement or nondisclosure.

2. File a Petition

A formal petition must be filed in the appropriate district court, outlining why you qualify for record clearing.

3. Attend a Court Hearing (If Required)

In some cases, a judge may require a hearing to review your case before granting the request. Your attorney will present arguments on your behalf.

4. Receive the Court's Decision

If approved, your record will be expunged or sealed, preventing most employers and organizations from accessing it.

5. Confirm the Record is Cleared

After approval, your attorney will ensure all relevant agencies, background check databases, and law enforcement comply with the court order.

Why Work with an Attorney?

Texas law strictly regulates who qualifies for expungement or nondisclosure, and even minor mistakes in filing could delay or deny your request. An experienced attorney can:

✔ Determine your eligibility and recommend the best legal option
✔ Prepare and file the required documents correctly
✔ Represent you in court to argue for record clearing
✔ Ensure all agencies comply with the order to erase or seal your record

At Barbieri Law Firm, we have helped many Texans successfully clear or seal their criminal records, allowing them to move forward without the burden of past mistakes.

Moving Forward: How Clearing Your Record Can Change Your Future

If you're struggling with the consequences of a past arrest or conviction, you may have options to clear or seal your record. Whether through expungement or nondisclosure, taking action now can help protect your career, reputation, and future opportunities.

Don't let a criminal record hold you back. Contact Barbieri Law Firm today for a consultation and take the first step toward a clean slate.