Key Takeaways
- Expunction destroys the record; nondisclosure seals it from most (but not all) viewers.
- Expunction is almost always stronger when available — including for firearm rights and licensing.
- Roughly 30 government agencies can still see a nondisclosed record, including most professional licensing boards.
- Some automatic nondisclosures never get processed in smaller counties — a fixable but common problem.
- Certain offenses (sex crimes, family violence in some configurations, aggravated kidnapping) are permanently ineligible for nondisclosure.
If you've ever looked up how to clear a Texas record, you've seen both words — expunction and nondisclosure — used as if they mean the same thing. They don't. One legally destroys the record. The other seals it. The difference can shape whether you can honestly answer "no" on a job application, whether a landlord can see what happened, and whether a nursing or teaching board can deny you a license five years from now.
This is the definitive plain-English comparison. We'll cover eligibility, legal power, exceptions, and give you a rule of thumb you can apply to your own case in 60 seconds.
The Two Remedies in One Sentence
Expunction (Tex. Code Crim. Proc. art. 55.01) orders every agency to physically destroy the record. Nondisclosure (Tex. Gov't Code § 411.0725 and related sections) orders agencies to seal the record from public access while keeping it available to law enforcement and certain licensing bodies.
You cannot choose between them. Whether you're eligible for one, the other, or neither is determined by what happened in your case. The most common confusion comes from people who completed deferred adjudication and assume they can expunge — in most cases, they can only nondisclose.
Side-by-Side Comparison
| Expunction | Nondisclosure | |
|---|---|---|
| What happens to the record | Physically destroyed or returned | Sealed from public view |
| Can employers see it? | No (after distribution) | No — private employers |
| Can government/licensing see it? | No | Yes — many agencies |
| Can you answer "never arrested"? | Yes, on most applications | Only under specific legal language |
| Gun rights restored (state level) | Yes, where applicable | Not automatically |
| Typical eligibility | Dismissal, acquittal, no-bill, Class C deferred | Completed deferred adjudication, certain dismissed cases |
| Court filing fee | $250–$450 | $280–$325 |
| Waiting period after disposition | 0–3 years (depends) | 0–5 years (depends on offense) |
Who Qualifies for Expunction
Expunction is available when the legal system didn't ultimately convict you, and the case ended in a specific way. The key qualifying outcomes:
- Case dismissed without deferred adjudication (and statute of limitations expired)
- Grand jury returned a no-bill
- Acquittal at trial
- Conviction later overturned on appeal
- Arrest with no charge filed (after waiting period)
- Class C misdemeanor deferred adjudication (successfully completed)
- Pardon of innocence
The through-line: no conviction + no ongoing deferred adjudication for a Class A/B/felony. If that describes your case, start with expunction.
Who Qualifies for Nondisclosure
Nondisclosure is the remedy when expunction isn't available — typically because you completed deferred adjudication. Under Texas Government Code §§ 411.072–411.0765, eligibility depends on the offense level, whether it was deferred or straight probation, and whether a statutory waiting period has elapsed.
Order of Nondisclosure of Criminal History — Automatic (§ 411.072)
For first-time misdemeanor offenders who completed deferred adjudication on a qualifying offense, nondisclosure is automatic at the time of dismissal — no petition required. This was a major 2017 legislative change and many people are still unaware of it.
Nondisclosure — Petition-Based (§§ 411.0725, 411.0735, 411.0736)
Most other cases require a petition. Waiting periods vary:
- Most misdemeanor deferred adjudications: No waiting period after successful completion
- Certain misdemeanors (like assault, weapons): 2-year waiting period
- Felony deferred adjudications: 5-year waiting period
Some offenses — including sex crimes requiring registration, family-violence offenses in certain configurations, aggravated kidnapping, murder, injury to a child — are permanently ineligible for nondisclosure regardless of outcome. Tex. Gov't Code § 411.074 lists the full set.
Not Sure If You Qualify?
A free 10-minute eligibility check tells you exactly what kind of relief — if any — your case qualifies for under Texas law. No pressure. No cost. No legal speak.
Who Can Still See a Nondisclosed Record?
This is the #1 question we get about nondisclosure, and the honest answer is: more people than you might expect. Texas Gov't Code § 411.0765 lists approximately 30 categories of agencies that retain access. The most important to know:
- Texas Department of Public Safety, FBI, and all law-enforcement agencies
- Texas Education Agency (teaching applications)
- Texas Medical Board (doctors, physician assistants)
- Texas Board of Nursing
- State Bar of Texas (law licenses)
- Texas Real Estate Commission
- Department of Family and Protective Services (CPS-adjacent roles)
- Securities Board, Banking, Insurance licensing
- School districts, charter schools, hospitals, and nursing homes
If you're applying to any of these, the nondisclosed case will still show up in the agency's review. What changes: it does not show up on a routine private background check (Checkr, HireRight, etc.). For the corporate job, the apartment application, the car loan — it's effectively invisible.
The 60-Second Rule of Thumb
Answer these three questions in order:
- Was your case dismissed or no-billed, or were you acquitted? → You likely qualify for expunction.
- Did you complete deferred adjudication (Class A/B/felony) and the case was dismissed at the end? → You likely qualify for nondisclosure.
- Did you plead guilty and get straight probation or jail time? → You likely qualify for neither (with narrow exceptions under §§ 411.0735, 411.0736 for some first-time offenders).
Exceptions are where it gets nuanced, and that's where we come in.
Four Things People Miss
1. Automatic Nondisclosure Isn't Actually Automatic
Despite the statute saying "automatic," in practice the clerk still has to submit paperwork to DPS, and many don't — especially in smaller counties. We've had clients who "got" automatic nondisclosure in 2019 and still had the record showing up on background checks in 2024. We fix that.
2. Limited Expunction Exists
If your case had multiple charges and only some were dismissed, you may qualify for a limited expunction on the dismissed counts. Most DIY filers and many attorneys overlook this. We wrote a dedicated guide on limited expunctions.
3. You Can Lie on a Nondisclosed Record — But Only on the Right Form
Texas allows you to deny a nondisclosed offense on standard employment applications except when applying to one of the § 411.0765 agencies listed above. On those applications, you must disclose. Getting this wrong is "falsification of record" and far worse than the original record.
4. Nondisclosure Doesn't Restore Gun Rights
If you had a nondisclosable offense (say, misdemeanor family violence), the nondisclosure does not restore your state or federal firearm rights. See our guide on gun rights restoration after a Texas arrest.
Stop Guessing. Find Out in Minutes.
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Frequently Asked Questions
For most private-sector roles, yes. Nondisclosure blocks the record from routine pre-employment background checks. The cost is modest compared to the hiring delays and declined applications an open record creates.
Usually no — dismissal at the end of a successful deferred adjudication is eligible for nondisclosure, not expunction. The exception is Class C deferred, which does qualify for expunction. The exact dismissal language and statute cited matter; we check the clerk's minutes as part of the eligibility review.
No — they're mutually exclusive for a given charge. But a multi-charge case could see expunction on dismissed counts and nondisclosure on a deferred count.
Yes, when it's available. Expunction restores more rights, blocks more agencies, and leaves no residual record. Always check expunction eligibility first.
Typically 4–7 months from filing, similar to expunction. DPS updates take an additional 30–60 days after the order is signed.