Clearing Your Record: Expungement vs. Nondisclosure in Austin, Texas

You were arrested. Maybe charges were never filed. Maybe the case was dismissed. Maybe you completed deferred adjudication. Maybe you were convicted. Whatever the outcome, the record of that arrest follows you—appearing on background checks, affecting employment, housing, and professional licensing. But Texas law provides two powerful tools to clear your record: expungement and nondisclosure. Each serves a different purpose and is available in different circumstances. Choosing the right path is essential to achieving the fresh start you deserve.

At Barton & Associates, Attorneys at Law, we help clients throughout Austin and Central Texas navigate the complex choices between expungement and nondisclosure. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to post-conviction relief. We understand that every case is unique—and that the right remedy depends on the specific circumstances of your arrest, charges, and outcome.

Whether you are seeking to destroy a record entirely through expungement or to seal a record from public view through nondisclosure, we provide the strategic guidance you need to understand your options and achieve the best possible outcome.

Understanding Expungement and Nondisclosure

Expungement and nondisclosure are distinct legal remedies that remove criminal records from public access. While they serve similar purposes, they have different effects and are available in different circumstances.

Expungement (Expunction):

Expungement completely destroys the record. After expungement, the arrest and any related records are destroyed or returned to you. It is as if the arrest never occurred. You can legally deny that the arrest or charge ever happened.

Nondisclosure (Order of Non-Disclosure):

Nondisclosure seals the record from public access but does not destroy it. After nondisclosure, employers, landlords, and the general public cannot see the record. However, law enforcement and certain government agencies may still have access. You can deny the arrest or charge in most circumstances.

The Key Difference:

• Expungement: The record is destroyed. It is as if it never existed.

• Nondisclosure: The record is hidden from public view but still exists.

For families in Austin, understanding this fundamental difference is essential to choosing the right remedy.

What Is the Difference Between Expungement and Nondisclosure in Texas?

The differences between expungement and nondisclosure go beyond the effect on the record. They also differ in eligibility, waiting periods, and the types of cases that qualify.

Expungement:

• Effect: Records are destroyed or returned. The arrest is removed from your record entirely.

• Eligibility: Arrests without charges, dismissed charges, acquittals, pardoned convictions, and certain deferred adjudications.

• Waiting Period: None for most cases.

• Denial: You can legally deny the arrest ever occurred.

• Access: No one—including law enforcement—can access expunged records (with limited exceptions).

Nondisclosure:

• Effect: Records are sealed from public access but not destroyed.

• Eligibility: Deferred adjudications (certain offenses), some misdemeanor convictions, and some felony convictions.

• Waiting Period: 2 years for misdemeanor deferred; 5 years for felony deferred; 1-2 years for certain convictions.

• Denial: You can deny the arrest or charge in most circumstances.

• Access: Law enforcement and certain government agencies may still access sealed records.

Which Is Right for You?

• If you were arrested but never charged, or charges were dismissed, expungement is likely available.

• If you completed deferred adjudication, nondisclosure is typically available (and expungement may be available for low-level offenses).

• If you have a conviction, nondisclosure may be available for certain offenses; expungement is not available.

For families in Austin, determining which remedy applies requires careful analysis of your case history.

Eligibility for Expungement

Expungement is available for cases that did not result in a conviction. The goal is to remove the record entirely.

Eligible for Expungement:

• Arrests Without Charges: If you were arrested but never formally charged, you are eligible for expungement regardless of the offense. No waiting period.

• Dismissed Charges: If charges were filed but later dismissed, you are eligible for expungement. No waiting period.

• Acquittal: If you were found not guilty at trial, you are eligible for expungement immediately.

• Pardon: If you received a full pardon from the governor or the President, you are eligible for expungement.

• Certain Deferred Adjudications: For certain low-level offenses (Class C misdemeanors) and offenses specifically authorized by statute, deferred adjudication may be eligible for expungement.

Not Eligible for Expungement:

• Convictions (unless pardoned)

• Deferred adjudications for most felonies and serious misdemeanors

• Cases where the statute of limitations has not expired (if charges were not filed)

The Expungement Process:

Expungement requires filing a petition with the district court in the county where the arrest occurred. The petition must identify all agencies with records related to the arrest. If no agency objects, the court grants the expungement, and records are destroyed.

For families in Austin, expungement is the most complete form of record clearance.

Who Is Eligible for Nondisclosure in Texas?

Nondisclosure is available for cases where there was a finding of guilt or an adjudication, but the law allows for sealing of the record.

Eligible for Nondisclosure:

• Misdemeanor Deferred Adjudication: If you successfully completed deferred adjudication for a misdemeanor (other than certain family violence offenses), you are eligible after a 2-year waiting period.

• Felony Deferred Adjudication: If you successfully completed deferred adjudication for certain felonies, you may be eligible after a 5-year waiting period.

• Misdemeanor Convictions: Certain misdemeanor convictions (Class A, B, and C) may be eligible after waiting periods of 1-2 years.

• Felony Convictions: Certain state jail felonies and other non-violent felonies may be eligible after a 5-year waiting period.

Not Eligible for Nondisclosure:

• Sex offenses (any offense requiring registration)

• Family violence offenses (certain offenses)

• Violent offenses (murder, aggravated assault, etc.)

• Offenses against children

• Certain trafficking offenses

Waiting Periods:

• Class C Misdemeanor (Deferred or Conviction): No waiting period

• Class B Misdemeanor: 1 year after completion

• Class A Misdemeanor: 2 years after completion

• State Jail Felony: 5 years after completion

The Nondisclosure Process:

Nondisclosure requires filing a petition with the district court in the county where the case was handled. The petition must demonstrate eligibility and that waiting periods have been satisfied. If no objection is filed, the court grants the order, and records are sealed from public access.

For families in Austin, nondisclosure is a powerful tool for moving forward after deferred adjudication or certain convictions.

Expungement vs. Nondisclosure for Deferred Adjudication

Deferred adjudication presents a unique situation. In most cases, deferred adjudication is eligible for nondisclosure. But in some cases, it may be eligible for expungement.

Deferred Adjudication Eligible for Nondisclosure:

• Most misdemeanor deferred adjudications (after 2 years)

• Certain felony deferred adjudications (after 5 years)

Deferred Adjudication Eligible for Expungement:

• Class C misdemeanor deferred adjudications

• Certain low-level offenses where expungement is specifically authorized

The Advantage of Expungement:

If your deferred adjudication is eligible for expungement, you should pursue expungement rather than nondisclosure. Expungement destroys the record entirely; nondisclosure only seals it.

The Risk of Waiting:

If you are eligible for expungement but wait too long, you may lose the opportunity. It is important to act promptly.

For families in Austin, determining whether your deferred adjudication qualifies for expungement or nondisclosure requires careful analysis.

Expungement vs. Nondisclosure for Convictions

For convictions, nondisclosure is the only option—expungement is not available (unless pardoned).

Convictions Eligible for Nondisclosure:

• Certain misdemeanor convictions (Class A, B, C)

• Certain state jail felonies

• Certain non-violent felonies

Waiting Periods:

• Class C misdemeanor: No waiting period

• Class B misdemeanor: 1 year after completion

• Class A misdemeanor: 2 years after completion

• State jail felony: 5 years after completion

Not Eligible:

• Violent offenses

• Sex offenses

• Family violence offenses

• Offenses against children

The Importance of Completion:

To be eligible, you must have completed all terms of your sentence, including:

• Probation or parole

• Payment of fines, fees, and restitution

• Any community service or other conditions

For families in Austin, obtaining nondisclosure for a conviction can be life-changing.

Can You Expunge a Dismissed Charge in Texas?

Yes. If your charge was dismissed, you are eligible for expungement. There is no waiting period, and the offense does not matter—any dismissed charge can be expunged.

Why Expunge a Dismissed Charge?

Even though the charge was dismissed, the arrest still appears on background checks. Employers, landlords, and others see that you were arrested, even if charges were never pursued. Expungement removes the arrest entirely.

The Process:

Expungement of a dismissed charge requires:

• Documentation showing the charge was dismissed

• Filing a petition in the district court

• Serving notice on agencies

• Obtaining an expungement order

No Waiting Period:

Unlike nondisclosure, there is no waiting period for expungement of dismissed charges. You can file as soon as the case is dismissed.

For families in Austin, expunging dismissed charges is essential to clearing your record.

When to Choose Expungement vs. Nondisclosure

Choosing between expungement and nondisclosure depends on your specific circumstances.

Choose Expungement If:

• You were arrested but never charged

• Your charges were dismissed

• You were acquitted at trial

• You received a pardon

• You completed deferred adjudication for a Class C misdemeanor or other eligible low-level offense

Choose Nondisclosure If:

• You completed deferred adjudication for a misdemeanor or eligible felony

• You have a conviction for an eligible misdemeanor or felony

• You are not eligible for expungement

If You Are Eligible for Both:

If your case qualifies for both expungement and nondisclosure, choose expungement. Expungement destroys the record entirely; nondisclosure only seals it.

If You Are Eligible for Neither:

If your case is not eligible for either, other options may include:

• Record correction (if records are inaccurate)

• Pardon (for federal convictions)

• Waiting for legislative changes

For families in Austin, working with an experienced attorney is essential to determining which remedy applies.

Frequently Asked Questions About Expungement vs. Nondisclosure in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about expungement and nondisclosure. Here are the answers to the most common inquiries we receive.

What is the difference between expungement and nondisclosure?

Expungement destroys the record entirely. Nondisclosure seals the record from public view but does not destroy it. Expungement is a more complete remedy but is available in fewer circumstances.

Can I get my record expunged if I was convicted?

Generally, no. Expungement is not available for convictions. However, you may be eligible for nondisclosure for certain convictions.

How long do I have to wait to get nondisclosure?

Waiting periods vary: Class C misdemeanors have no waiting period; Class B misdemeanors require 1 year; Class A misdemeanors require 2 years; state jail felonies require 5 years.

Can I expunge a dismissed charge?

Yes. If your charge was dismissed, you are eligible for expungement regardless of the offense. There is no waiting period.

Which is better, expungement or nondisclosure?

Expungement is better because it destroys the record entirely. However, expungement is not available for all cases. If you are eligible for expungement, choose expungement. If not, nondisclosure is the next best option.

Do I need an attorney for expungement or nondisclosure?

While it is possible to file without an attorney, the process is complex. Errors in the petition can result in denial. An experienced attorney can ensure that the petition is properly drafted and filed.

How much does expungement or nondisclosure cost?

The cost varies depending on the complexity of the case and whether the petition is contested. Our attorneys provide transparent information about fees.

Why Barton & Associates for Expungement vs. Nondisclosure in Austin

Choosing between expungement and nondisclosure requires attorneys who understand the complex eligibility rules, the waiting periods, and the strategies for achieving the best outcome. The attorneys at Barton & Associates bring decades of experience to post-conviction relief, helping clients clear their records and move forward.

We are deeply rooted in the Austin legal community. We have handled expungement and nondisclosure cases in Travis County district courts for decades and understand the local procedures, the prosecutors, and the court personnel. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Clearing Your Record

If you have an arrest or charge on your record, you do not have to let it define your future. Whether expungement or nondisclosure is the right path for you, we are here to help. At Barton & Associates, we provide the guidance and advocacy you need to clear your record and move forward.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced attorney about expungement and nondisclosure. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you achieve the fresh start you deserve.

Main Category: Criminal Defense Austin
Practice Area Category: Expungement & Sealing
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)