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
In short: Expunction (Texas Code of Criminal Procedure Chapter 55A) orders every agency to physically destroy the record, while nondisclosure (Texas Government Code Section 411.0725 and related sections) seals it from public access but keeps it visible to law enforcement and certain licensing bodies. You cannot pick between them -- which remedy you qualify for, if any, is fixed by how your case ended. People who completed deferred adjudication often assume they can expunge when in most cases they can only nondisclose.
Expunction (Tex. Code Crim. Proc. Chapter 55A) 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
In short: Expunction physically destroys the record and blocks both private employers and government or licensing agencies, while nondisclosure seals it from public view but still lets many agencies see it. Both carry a $450 court filing fee. Expunction generally restores state-level gun rights where applicable and typically fits dismissals, acquittals, no-bills, and Class C deferred; nondisclosure fits completed deferred adjudication and certain dismissed cases.
| 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 | $450 | $450 |
| Waiting period after disposition | 0–3 years (depends) | 0–5 years (depends on offense) |
Who Qualifies for Expunction
In short: Expunction is available when the case did not end in conviction -- through a dismissal without deferred adjudication (with the limitations period expired), a grand-jury no-bill, an acquittal, a conviction overturned on appeal, an arrest with no charge filed after the waiting period, a successfully completed Class C deferred, or a pardon of innocence. The common thread is no conviction and no ongoing deferred adjudication for a Class A, Class B, or felony offense. If that describes your case, start by checking expunction first.
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
In short: Nondisclosure is the remedy when expunction is unavailable, typically because you completed deferred adjudication, with eligibility under Texas Government Code Sections 411.072 to 411.0765 turning on offense level, whether the case was deferred or straight probation, and any statutory waiting period. For qualifying first-time misdemeanor deferreds, nondisclosure can be automatic at dismissal with no petition under Section 411.072; most other cases require a petition under sections such as 411.0725, 411.0735, and 411.0736. Certain offenses -- including registrable sex crimes, some family-violence configurations, aggravated kidnapping, murder, and injury to a child -- are permanently ineligible under Section 411.074.
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?
In short: More agencies can see a nondisclosed record than most people expect -- Texas Government Code Section 411.0765 lists roughly 30 categories that retain access. These include DPS, the FBI, and all law enforcement, plus licensing and oversight bodies such as the Texas Education Agency, Texas Medical Board, Texas Board of Nursing, State Bar of Texas, Texas Real Estate Commission, and many school, hospital, and financial-licensing entities. The record stays invisible on routine private background checks (such as Checkr or HireRight) but will still surface in those listed agencies' reviews.
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
In short: Work through three questions in order: a case that was dismissed, no-billed, or acquitted likely qualifies for expunction; a Class A, Class B, or felony deferred adjudication that was dismissed at the end likely qualifies for nondisclosure; and a guilty plea resulting in straight probation or jail time likely qualifies for neither. Narrow exceptions exist for some first-time offenders under Sections 411.0735 and 411.0736. The exceptions are where the analysis gets nuanced.
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
In short: Four points are easy to overlook: automatic nondisclosure often is not truly automatic because the clerk must still submit paperwork to DPS and many do not; a limited expunction can clear dismissed counts in a multi-charge case; you may legally deny a nondisclosed offense on standard applications but must disclose it to the Section 411.0765 agencies; and nondisclosure does not restore state or federal firearm rights for a disqualifying offense such as misdemeanor family violence. Getting the disclosure rule wrong can amount to falsification, which is worse than the original record.
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.
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Texas House Bill 4504 (88th Legislature, 2023, effective January 1, 2025) was a non-substantive recodification of much of the Texas Code of Criminal Procedure. For expunctions, it relocated the rules from old Chapter 55 to new Chapter 55A and renumbered the relevant articles. The substantive eligibility rules and waiting periods were largely preserved — but every petition filed after January 1, 2025 should cite the new Chapter 55A numbering, and outdated templates that still cite Chapter 55 are a common reason for clerk rejection in Texas courts.
Will an Expunction Remove a Case From Google Search Results?
In short: No -- not directly. A Texas expunction order under Code of Criminal Procedure Chapter 55A is directed at government agencies (DPS, the arresting agency, the district clerk, and other named respondents) and does not by itself command Google, news sites, or private background-check vendors to delete anything. In practice the listings usually fade, because third-party data brokers lose their source once the agencies destroy their copies, and many vendors remove an entry when sent a certified copy of the signed order; companies like Checkr, HireRight, and Sterling must keep reasonable accuracy procedures under the federal Fair Credit Reporting Act.
The honest answer is no — not directly — but in practice the listings almost always fade. A Texas expunction order is directed at government agencies. Under Code of Criminal Procedure Chapter 55A, the court orders the Texas Department of Public Safety, the arresting agency, the district clerk, and every other named respondent to destroy or return their records. That order does not, by itself, command Google, a news site, or a private background-check vendor to delete anything.
Here is what actually happens. Most criminal records that surface in a Google search are republished by third-party data brokers and mugshot sites that originally scraped them from public court and jail databases. Once the underlying agencies destroy their copies under the expunction order, those third-party feeds lose their source. Over the following weeks and months the listings typically decay, and many vendors will remove an entry outright when you send them a certified copy of the signed expunction order. Major background-check companies such as Checkr, HireRight, and Sterling must maintain reasonable procedures for accuracy under the federal Fair Credit Reporting Act — the legal basis for demanding removal once a record is expunged.
So an expunction is still the most powerful tool for cleaning up an online criminal record; it simply reaches search engines indirectly. See if your record qualifies with a free review — Expunction360 serves every required agency and gives you certified copies of the order to send to any site still showing the case.
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.