By Graham Norris

Two doors stand before you, both promising relief from the burden of a criminal record. One leads to complete erasure—as if your arrest never happened. The other offers powerful concealment, hiding your record from most eyes while leaving traces for certain authorities. The difference between these paths could reshape your entire future.

In Texas, expunction and non-disclosure represent two distinct legal remedies for addressing criminal records, each with its own strengths, limitations, and eligibility requirements. While both can significantly improve your prospects for employment, housing, and other opportunities, recognizing their fundamental differences is crucial for making the right choice when seeking to clear your record.

Key Differences Between Expunction and Non-Disclosure

The distinction between expunction and non-disclosure lies in what actually happens to your criminal records and who can access them afterward.

• Complete Destruction vs. Sealing – Expunction orders the total destruction of all arrest and case records, while non-disclosure simply seals existing records from public view
• Record Elimination vs. Limited Access – With expunction, records cease to exist entirely; with non-disclosure, records remain intact but become inaccessible to most private parties
• Government Access Rights – Law enforcement and government agencies lose all access to expunged records, but can still view sealed non-disclosure records when legally justified
• Legal Denial Rights – Both options allow you to legally deny the arrest occurred in most situations, though expunction provides broader denial rights across more circumstances
• Permanence and Scope – Expunction offers permanent, complete elimination making it the gold standard for record clearing, while non-disclosure serves as the next best alternative when expunction isn’t available
• Background Check Results – Neither expunged nor sealed records appear on standard employment or housing background checks, giving both options significant practical value

What Happens After Your Records Are Cleared: Practical Differences

While both non-disclosure and expunction provide substantial relief from the burden of a criminal record, recognizing their long-term practical implications helps clarify which option better serves your specific needs and goals.

• Standard Background Checks – Both options effectively clean up employment and housing background checks, as neither sealed nor expunged records appear on typical commercial screening reports
• Government Database Access – Expunged records disappear entirely from state databases, while sealed records remain accessible to law enforcement and certain government agencies for specific legal purposes
• Professional Licensing Considerations – Some professional boards may still access sealed records during licensing investigations, whereas expunged records are completely unavailable to these entities
• Federal Database Limitations – Both options primarily affect state-level records; federal agencies may retain certain information regardless of state-level expunction or sealing orders
• Security Clearance Applications – High-level federal security clearances may require disclosure of sealed matters, but expunged records can typically be denied entirely
• Record Resurfacing Issues – Old records occasionally surface from overlooked databases or private companies; expunged records provide stronger legal grounds for demanding removal
• Disclosure Rights – Both options generally allow you to deny the arrest occurred, though expunction provides broader protection across more situations and questionnaires
• Long-term Maintenance – Expunged records require no ongoing monitoring, while sealed records may need occasional verification that sealing orders remain effective

The practical differences become most apparent in situations requiring high-level security clearances, professional licensing, or when dealing with federal agencies that maintain independent databases.

Eligibility Requirements: When Each Option Is Available

Your case resolution and conviction history determine which remedy you can pursue, not simply your personal preference for one over the other.

When Expunction Is Available

Expunction requires specific case outcomes that demonstrate either your innocence or the state’s inability to proceed. You may qualify if your case ended in dismissal, acquittal, or no-bill by a grand jury. Successfully completing certain diversion programs can also lead to expunction eligibility. Additionally, cases involving mistaken identity, pardons based on actual innocence, or prosecutorial recommendations may qualify for this most comprehensive remedy.

When Non-Disclosure Becomes an Option

Non-disclosure typically becomes available when you’ve completed deferred adjudication successfully and received a discharge and dismissal. This option serves people whose cases didn’t qualify for expunction but who completed their court-ordered requirements without additional violations. The key requirement is that your case must have concluded without a final conviction on your record.

Cases Where Neither May Be Available

Certain serious offenses—particularly those involving family violence, sexual crimes requiring registration, or cases resulting in final convictions—may disqualify you from both remedies. Additionally, people with multiple arrests or convictions may face restrictions, and some cases simply don’t meet the legal criteria for either form of relief.

The specific way your case concluded determines your options more than the original charges. How your attorney negotiated the resolution, whether you completed all requirements successfully, and the exact legal mechanism used to close your case all influence which remedy might be available years later.

The Process and Court Discretion for Each Option

Both expunction and non-disclosure require filing petitions with the court, paying fees, and attending hearings where prosecutors can contest your request. However, the standards judges apply differ significantly between the two processes.

Expunction operates more like a legal entitlement—if you meet the eligibility requirements, courts generally must grant the petition. The focus centers on whether you satisfy the specific legal criteria rather than broader considerations about justice or public policy.

Non-disclosure involves substantially more judicial discretion. Even if you meet all technical requirements, judges can deny your petition if they determine that granting it wouldn’t serve justice. This higher standard means courts consider factors like the nature of your offense, your behavior since the arrest, and community safety concerns.

The timeline for both processes varies considerably based on your specific situation. Some cases involve waiting periods before you can even apply, while others may qualify immediately after case resolution. The complexity of identifying all agencies that maintain records also affects how long the process takes to complete.

Every case presents unique circumstances that influence which option might be available and most beneficial. Factors like your employment goals, security clearance needs, and long-term plans all play into the strategic decision-making process.

Get Legal Guidance on Your Record-Clearing Options Today

Choosing between non-disclosure and expunction—or determining whether you qualify for either—requires thorough legal analysis that goes far beyond general eligibility guidelines. The nuances of your specific case, the way it was resolved, and your long-term goals all factor into developing the right strategy for clearing your record and reclaiming your future.

Norris Legal Group brings over 3,600 cases of experience to this complex area of law, with a proven track record of more than 400 dismissals and 60 no-bills that demonstrates their ability to achieve favorable outcomes even in challenging circumstances. Their team recognizes that behind every petition for expunction or non-disclosure is a person seeking dignity, hope, and a second chance.