Expungement & Sealing in Corpus Christi: Clearing Your Criminal Record for a Fresh Start

A criminal record can follow you for years, creating barriers to employment, housing, education, and professional licensing. Even an arrest that did not result in conviction can appear on background checks and affect your reputation. In Texas, the law provides two powerful tools for clearing your record: expungement and nondisclosure (commonly called sealing). Understanding the difference between these remedies—and whether you qualify—is essential for anyone seeking to move forward without the burden of a criminal record.

At Barton & Associates, Attorneys at Law, we help clients throughout Corpus Christi and the Coastal Bend navigate the complex process of expungement and sealing. Whether you were arrested but never charged, completed a deferred adjudication, or had charges dismissed, we provide the knowledgeable representation you need to clear your record and reclaim your future. With extensive experience in the Nueces County criminal courts and the Texas Department of Public Safety, we guide our clients through every step of the process.

What Is Expungement?

Expungement is the process of erasing a criminal record as if it never existed. When a record is expunged, all records of the arrest, charge, and any related proceedings are destroyed or returned to the individual. After expungement, you may legally state that you were never arrested or charged with the offense.

Expungement is available for individuals who:

• Were arrested but never charged: If you were arrested but no charges were filed, you may be eligible for expungement.

• Had charges dismissed: If charges were filed but later dismissed, you may be eligible for expungement.

• Were acquitted at trial: If you were found not guilty after trial, you may be eligible for expungement.

• Were pardoned: If you received a full pardon from the governor, you may be eligible for expungement.

• Were wrongfully convicted: If you were wrongfully convicted and later exonerated, you may be eligible for expungement.

Expungement is the most complete form of record clearing. Once granted, the record is destroyed, and you are not required to disclose the arrest or charges on job applications, housing applications, or other inquiries.

What Is Nondisclosure (Sealing)?

Nondisclosure—often called sealing—is the process of making a criminal record confidential. Unlike expungement, which destroys the record, nondisclosure seals the record so that it is not accessible to the general public, employers, landlords, or most background check companies. However, certain government agencies, including law enforcement, may still access sealed records.

Nondisclosure is available for individuals who:

• Completed deferred adjudication: If you successfully completed deferred adjudication probation for certain offenses, you may be eligible for nondisclosure.

• Were placed on deferred adjudication for a lesser offense: Certain offenses have waiting periods before eligibility.

Deferred adjudication is a form of probation where the court does not enter a final conviction if you successfully complete the terms of probation. After completing deferred adjudication, you may be eligible to have your record sealed through nondisclosure.

Key Differences Between Expungement and Nondisclosure

Eligibility for Expungement in Texas

Texas law provides specific eligibility requirements for expungement. You may be eligible for expungement if:

Arrest Without Charges

If you were arrested but no charges were filed, you are eligible for expungement if:

• The statute of limitations for the offense has expired, or

• The prosecuting attorney filed a written statement that they do not intend to pursue charges

Charges Dismissed

If charges were filed but later dismissed, you are eligible for expungement if:

• The dismissal was for reasons other than a grant of deferred adjudication, or

• The dismissal occurred after successful completion of deferred adjudication for certain low-level offenses

Acquittal

If you were found not guilty after trial, you are eligible for expungement immediately.

Pardon

If you received a full pardon from the governor, you are eligible for expungement.

Wrongful Conviction

If you were wrongfully convicted and later exonerated, you are eligible for expungement.

Statute of Limitations Expired

If the statute of limitations for the offense has expired and no charges were filed, you may be eligible for expungement.

Eligibility for Nondisclosure in Texas

Nondisclosure is available for individuals who successfully completed deferred adjudication probation. However, not all offenses are eligible.

Eligible Offenses

Most non-violent, lower-level offenses are eligible for nondisclosure, including:

• Certain drug possession offenses

• Certain theft offenses

• Some assault offenses (depending on circumstances)

• Many misdemeanors

• Some state jail felonies

Ineligible Offenses

Certain offenses are never eligible for nondisclosure, including:

• Capital murder

• Aggravated kidnapping

• Sexual assault and other sex offenses

• Trafficking of persons

• Certain family violence offenses

• Offenses requiring registration as a sex offender

Waiting Periods

Some offenses require a waiting period before you can apply for nondisclosure:

• Misdemeanors: Generally no waiting period, or waiting period may apply for certain offenses

• State jail felonies: Typically 2-year waiting period after completing deferred adjudication

• Certain felonies: 5-year waiting period

During the waiting period, you must have no new convictions.

The Expungement Process in Nueces County

The expungement process involves several steps:

Step 1: Determine Eligibility

The first step is determining whether you qualify for expungement. An attorney can review your criminal history and determine eligibility.

Step 2: Petition for Expungement

If eligible, your attorney files a petition for expungement with the district court in the county where the arrest occurred. In Corpus Christi, this is typically one of the district courts in Nueces County.

The petition must include:

• Your name and identifying information

• The date and place of the arrest

• The offense for which you were arrested

• The agency that made the arrest

• The disposition of the case

• The legal grounds for expungement

Step 3: Service

The petition must be served on all relevant government agencies, including:

• The prosecuting attorney

• The arresting agency

• The Texas Department of Public Safety

• Other agencies that have records of the arrest

Step 4: Hearing

If no agency objects, the court may grant the expungement without a hearing. If an agency objects, a hearing is held. At the hearing, you must prove that you meet the eligibility requirements.

Step 5: Order of Expungement

If the court grants the expungement, it issues an order of expungement directing all agencies to destroy or return records of the arrest.

Step 6: Compliance

After the order is issued, your attorney ensures that all agencies comply with the order. This may require follow-up and verification.

The Nondisclosure Process

The nondisclosure process is similar to expungement:

Step 1: Determine Eligibility

Your attorney reviews your criminal history to determine whether you are eligible for nondisclosure.

Step 2: Petition for Nondisclosure

A petition for nondisclosure is filed with the court that handled your deferred adjudication. The petition requests that records be sealed.

Step 3: Service and Hearing

The petition is served on relevant agencies. A hearing is typically required unless the petition is unopposed.

Step 4: Order of Nondisclosure

If the court grants the petition, it issues an order of nondisclosure directing that records be sealed.

Step 5: Compliance

Your attorney ensures that all agencies comply with the order.

Benefits of Clearing Your Record

Clearing your criminal record through expungement or sealing offers numerous benefits:

Employment

Employers routinely conduct background checks. A criminal record can disqualify you from jobs even if you were never convicted. Expungement or sealing removes this barrier, allowing you to apply for jobs with confidence.

Housing

Landlords often check criminal records before approving rental applications. A record can make it difficult to find housing. Clearing your record opens doors to more housing options.

Education

Colleges and universities may require background checks for admission or financial aid. A criminal record can affect your educational opportunities.

Professional Licensing

Many professions require licensing—healthcare, law, real estate, and others. Licensing boards consider criminal history when evaluating applicants. Clearing your record can help you obtain or maintain professional licenses.

Immigration

A criminal record can have serious immigration consequences, including deportation or denial of citizenship. Expungement may not eliminate immigration consequences, but it can help in some circumstances.

Personal Peace of Mind

Perhaps most importantly, clearing your record provides peace of mind. You can move forward without the constant fear that your past will be discovered.

Frequently Asked Questions About Expungement & Sealing

What is the difference between expungement and nondisclosure?

Expungement destroys the record, allowing you to legally state that you were never arrested. Nondisclosure seals the record, making it confidential but still accessible to government agencies. Expungement is more complete but has stricter eligibility requirements.

How long does expungement take?

The expungement process typically takes several months. After filing the petition, agencies have time to respond. If there are no objections, the process may be completed in 2-4 months. Contested cases take longer.

Can I expunge a conviction?

Generally, no. Expungement is not available for final convictions. However, if you completed deferred adjudication for certain offenses, you may be eligible for nondisclosure (sealing), which makes the record confidential.

How long do I have to wait to seal my record?

Waiting periods vary. Some misdemeanors have no waiting period. State jail felonies typically require a 2-year waiting period after completing deferred adjudication. Certain felonies require a 5-year waiting period.

Do I need an attorney for expungement?

While you can file for expungement or nondisclosure on your own, the process is complex and requires careful attention to legal requirements. An experienced attorney can ensure that your petition is properly filed, all required agencies are served, and the order is properly enforced.

How much does expungement cost?

Costs include court filing fees, service fees, and attorney’s fees. Many attorneys offer flat-fee arrangements for expungement and nondisclosure cases.

Will expungement remove my record from the internet?

Expungement orders apply to government agencies. Private companies that have already obtained and published your record may not be required to remove it. However, once the record is expunged from government databases, private companies may not have access to it going forward.

Can I get a job if my record is sealed?

If your record is sealed through nondisclosure, you are generally not required to disclose the offense on job applications. However, certain employers—such as schools, law enforcement agencies, and government agencies—may still have access to sealed records.

Does expungement help with immigration?

Expungement of a criminal record may not eliminate immigration consequences. Immigration law looks at the underlying conduct, not just the record. It is important to consult with an immigration attorney before pursuing expungement if you are not a U.S. citizen.

What if my expungement is denied?

If your expungement is denied, you may have the opportunity to refile or to pursue nondisclosure if eligible. An experienced attorney can help you understand your options.

Why Barton & Associates Is the Right Choice for Expungement & Sealing

Expungement and sealing offer the opportunity for a fresh start—but only if done correctly. At Barton & Associates, Attorneys at Law, we have extensive experience helping clients in Corpus Christi and the Coastal Bend clear their criminal records.

Our attorneys understand the complex eligibility requirements, the procedural rules, and the agencies that must be served. We work diligently to ensure that your petition is properly filed, that all agencies comply with the court’s order, and that your record is truly cleared.

We also understand that a criminal record—even one that did not result in conviction—can be a heavy burden. Our attorneys approach these cases with compassion and dedication, helping our clients move forward with their lives.

Clear Your Record and Reclaim Your Future Today

If you have a criminal record that is holding you back—whether from employment, housing, education, or simply peace of mind—you may be eligible for expungement or sealing. Do not let your past define your future.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you clear your record and start fresh.

Main Category: Criminal Defense Corpus Christi
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780