Expungement vs. Nondisclosure in San Antonio: Choosing Your Path to a Cleaner Texas Record

A past criminal record can feel like an inescapable barrier, but Texas law provides powerful legal tools to overcome it. Two primary remedies stand out: expunction (expungement) and orders of nondisclosure (record sealing). However, these terms are often confused, and choosing the wrong path can waste precious time, money, and hope. Understanding the fundamental difference between them is the critical first step in securing your fresh start. At Barton & Associates, Attorneys at Law, our San Antonio expungement and record sealing attorneys specialize in analyzing your unique history to determine the optimal legal strategy. We help clients across Bexar County navigate these complex laws to either completely erase or effectively seal their past mistakes.

The Core Distinction: Erasure vs. Confidentiality

Before diving into eligibility, it’s essential to grasp the fundamental legal effect of each remedy, as defined by the Texas Code of Criminal Procedure and the Texas Government Code.

Expunction (Expungement): Legal Erasure

Think of an expunction as a legal “do-over.” When a court grants an expunction, it issues an order commanding all law enforcement agencies, courts, prosecuting attorneys, and correctional facilities to:

1. Destroy or return to you all physical and electronic files, records, and documents related to a specific arrest and criminal proceeding.
2. Remove all entries related to the arrest from their public databases and background check systems.
3. Notify state and federal repositories (like the Texas Department of Public Safety and the FBI) to do the same.

The Legal Result: Once expunged, you are treated as if the arrest and case never legally occurred. You may legally deny the event on virtually all employment, housing, and loan applications. The record is not simply hidden—it is ordered to be eliminated from government files.

Order of Nondisclosure: Legal Confidentiality

An order of nondisclosure, commonly called “sealing,” takes a different approach. The court order does not destroy records. Instead, it:

1. Seals the records held by state criminal justice agencies (primarily the Texas DPS).
2. Prohibits these agencies from disclosing the record to most members of the public.
3. Restricts access, making the record confidential.

The Legal Result: The record still exists in government files but is removed from public view. You are generally not required to disclose the sealed offense on most job or housing applications. However, the record remains accessible to certain entities, such as law enforcement agencies, licensing boards for specific professions (law, medicine, real estate, nursing), and in some subsequent criminal proceedings. You cannot legally deny the event under oath in a court of law.

Eligibility: The Different Gates to Each Remedy

The most significant practical difference lies in who qualifies. Eligibility is governed by strict, separate statutes.

Who Qualifies for an Expunction in Texas?

Expunction eligibility is narrow, focused on situations where there was no final conviction. Key pathways include:

• Acquittal or “Not Guilty” Verdict: You were tried and found not guilty.
• Dismissal Without Conditions: The prosecutor dismissed the charges, and you did not accept any form of probation or diversion in exchange.
• Grand Jury “No-Bill”: A grand jury refused to indict you.
• Pardon Based on Innocence: You received a full pardon specifically for actual innocence.
• Certain Non-Charged Arrests: You were arrested but no charges were ever filed, and the statute of limitations has expired.
• Minor Convictions Overturned on Appeal.

Crucial Limitation: With very limited exceptions for some Class C misdemeanors, you cannot expunge a case where you were placed on any form of probation, including deferred adjudication, even if you completed it successfully. Deferred adjudication cases are generally addressed through nondisclosure.

Who Qualifies for an Order of Nondisclosure?

Nondisclosure eligibility is broader and is often the remedy for those who successfully completed their sentence or probation. Key pathways include:

• Successful Deferred Adjudication: This is the most common scenario. After completing deferred adjudication probation and having your case dismissed, you may petition to seal it. Waiting periods apply (typically 2 years for misdemeanors, 5 years for felonies).
• Certain Misdemeanor Convictions: Under Texas Government Code § 411.0735, some individuals with a single, final misdemeanor conviction (excluding crimes involving family violence, sexual offenses, etc.) may petition for nondisclosure after a 2-5 year waiting period.
• Automatic Nondisclosure: For certain low-level, non-violent misdemeanors where the person is a first-time offender, the process can be automatic upon request.

Key Consideration: Even if you meet the basic eligibility criteria for nondisclosure, the judge has broad discretion to deny the petition if they believe it is not in the “best interest of justice.”

The list below provides a clear, side-by-side comparison of these key differences:

• Legal Effect: Destruction of records. Treated as if it never happened. Confidentiality of records. Hidden from public view.
• Can You Deny It? Yes. You may legally deny the arrest/case occurred. No. You cannot deny under oath, but you are not required to disclose on most applications.
• Primary Eligibility: No final conviction (dismissals, acquittals, non-charges). Successful completion of sentence/probation (esp. deferred adjudication).
• Access by Licensing Boards: No. Truly erased. Yes. Accessible for law, medicine, nursing, teaching, real estate, etc.
• Judicial Discretion: Minimal if statutory criteria are met. Significant. Judge decides if it’s in the “best interest of justice.”

The Process: Similar Steps, Different Standards

Both remedies require filing a formal petition in the county where the arrest occurred (e.g., Bexar County District Court or County Court at Law). However, the proceedings differ.

The Expunction Process:

1. Petition: File a verified petition naming all relevant agencies.
2. Hearing: A hearing is usually set. The state can contest, but if you meet the statutory criteria, the judge has little discretion to deny.
3. Order: The judge signs an order of expunction, which we serve on every agency to compel destruction of records.

The Nondisclosure Process:

1. Petition & Waiting Period: File a petition only after any mandated waiting period has passed.
2. Prosecutor Review & Hearing: The District Attorney’s office is served and can object. A hearing is almost always held.
3. Discretionary Ruling: The judge hears arguments about your rehabilitation and the “best interest of justice” before deciding to grant or deny the order.

Why Legal Guidance is Non-Negotiable

Choosing and pursuing the wrong remedy has real consequences. A common and costly mistake is attempting to expunge a deferred adjudication case—a petition doomed to fail because the law does not allow it. Conversely, someone eligible for expunction who settles for nondisclosure loses the right to truly erase their record.

Our Role at Barton & Associates:

• Accurate Eligibility Analysis: We obtain your complete criminal history, analyze the disposition of each case, and apply the complex statutes to determine your best path forward.
• Strategic Decision-Making: We advise you on the tangible impact of each option. For example, if you seek a professional license, we explain which agencies will still see a sealed record.
• Meticulous Preparation & Advocacy: We draft persuasive petitions, gather evidence of rehabilitation for nondisclosure hearings, and advocate strongly for you in court.

Choosing Your Path: Key Questions We Help You Answer

To determine the right strategy, we investigate:

1. What was the final disposition of your case? (Dismissal, deferred adjudication, conviction?)
2. How much time has passed? Waiting periods are critical for nondisclosure.
3. What is your goal? Is it for general employment, a specific professional license, or absolute peace of mind?
4. What is your broader criminal history? Prior offenses can disqualify you from certain remedies.

Your Clean Start Begins with the Right Choice

The path to clearing your record is paved with specific legal requirements. Misunderstanding the critical difference between expunction and nondisclosure can lead you down a dead end. With skilled guidance, you can confidently pursue the remedy you truly qualify for and achieve the fresh start you deserve.

If you are unsure whether expunction or nondisclosure is right for you, contact Barton & Associates, Attorneys at Law at 210-500-0000 for a confidential case evaluation in San Antonio, Austin or Corpus Christi, Texas. We will review your history, explain your options in clear terms, and recommend the most powerful legal strategy to clear or seal your record in San Antonio.

Main Category: Criminal Defense
Practice Area Category: Expungement & Sealing
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000