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A closed case can still leave a record
Your case may be over, but you may still have questions about a background check or an old arrest appearing online. In Texas, the process people often call “expungement” is generally called expunction. Nondisclosure is a different option that seals certain information from public view.
Closing your bond account or receiving a dismissal does not, by itself, clear every record. Start with the signed court outcome and ask which record-clearing procedure, if any, fits your case. This guide focuses on Texas adult criminal records; juvenile and federal matters have different rules.
Expunction and nondisclosure: what is the difference?
| Option | What it does | What to keep in mind |
|---|---|---|
| Expunction | Requires covered records to be destroyed, returned, or otherwise handled as the law and order require. | Eligibility and the order’s scope matter. It does not automatically clear every case in your history. |
| Order of nondisclosure | Restricts public disclosure of covered criminal history and seals the related court records. | The records remain. Law enforcement and certain authorized agencies can still access them. |
Get a copy of the signed order and confirm exactly which arrest or offense it covers. An application for relief is not the same as an order granting it.
Which case outcomes are worth reviewing?
| Your situation | What to ask |
|---|---|
| Acquittal / not guilty | Does the acquittal qualify for expunction, and has the required order been requested or entered? |
| Charges dismissed or never filed | Do the reason for dismissal, filing history, and timing satisfy an expunction route? |
| Deferred adjudication completed | Is nondisclosure available after discharge and dismissal? Is this a Class C case with a possible expunction route? |
| Conviction or regular probation completed | Is a specific form of relief available? Certain misdemeanor convictions may qualify for nondisclosure. Finishing a sentence alone does not erase it. |
| Pardon or relief based on actual innocence | Does the pardon or court order establish a statutory basis for expunction? |
This is an orientation, not an eligibility decision. Other charges, the disposition, and the specific statute can change the answer.
Deferred adjudication is not an automatic clean slate
A discharge and dismissal after deferred adjudication is different from expunction. For the usual dismissal-based expunction routes, court-ordered community supervision generally prevents eligibility, with a Class C misdemeanor exception. Qualifying deferred-adjudication cases may instead be eligible for nondisclosure.
Some qualifying nonviolent misdemeanor cases have a procedure for the court to issue nondisclosure without a separate petition. Other routes require a petition and additional findings. Confirm whether an order was actually entered rather than assuming it happened when supervision ended.
Eligibility depends on more than successful completion. Offense exclusions, family-violence findings, criminal history, and offenses during supervision or a waiting period can prevent relief under common nondisclosure provisions. Have counsel review the full history and the applicable exception, if any.
Waiting periods depend on the legal route
There is no single countdown that applies to every dismissed case. Expunction eligibility can depend on whether charges were formally filed, why they were dismissed, time since arrest, and whether prosecution remains possible under the applicable limitations period.
Nondisclosure timing also varies. Depending on the provision, the relevant date may be discharge from supervision or completion of the sentence. Ask your attorney to identify the exact rule, the date the clock starts, and the earliest filing date. The age of a record alone is not a court order clearing it.
Gather these documents before your consultation
DPS recommends obtaining your own criminal history when considering expunction. Bring the documents to the attorney reviewing eligibility; keep sensitive records out of public posts and ordinary website inquiries.
- Arrest date, arresting agency, booking information, and every related case number.
- The signed dismissal, acquittal, judgment, or other disposition for each charge.
- Supervision orders, discharge documents, and proof of completion of any required sentence or payments.
- Your criminal history and any background report containing the entry you want reviewed.
- Any earlier expunction or nondisclosure order, plus a list of agencies or reporting companies that still display the information.
Where to start in Dallas and Tarrant County
First confirm the correct court and procedure with your attorney. The Dallas County District Clerk provides expunction filing information, forms, agency lists, and fee-waiver information. The Tarrant County District Clerk publishes an expunction agency directory; verify that your own arresting agency and other relevant record holders are included.
For nondisclosure, Texas court instructions generally direct a required petition to the court that sentenced you or placed you on supervision. Use the form for the applicable statute. Ask the clerk about current fees, filing requirements, and any available fee relief before submitting documents.
The prosecutor represents the State and may oppose a request. For personal legal assistance, consult an attorney or a legal-aid organization. The State Law Library links to legal help for qualifying applicants.
After an order: keep proof and check the records
Keep certified copies of the signed order in a secure place. Ask which agencies and private record providers will receive it and how to follow up. Dallas County advises checking that public case access has been removed and contacting the clerk if it has not. Updates across separate systems may take time.
If a report still shows covered information, save the report and ask your attorney or the record custodian how to correct it using the order. DPS has a separate error-resolution process for inaccurate state criminal-history information. Correcting an error is different from obtaining an expunction.
Ask counsel how your order affects answers on employment, licensing, or other applications. Texas expunction law generally permits denial of the arrest after a final order, with a specific exception for questioning under oath in a criminal proceeding. Do not assume a Texas order answers every federal or immigration disclosure question.
Leave with a clear plan for each case
- Which option fits this arrest or offense, and what might prevent approval?
- What is the earliest date to act, and which court handles the request?
- What documents, fees, notices, and hearing steps are required?
- Who will obtain the final order and confirm that it reaches the record holders?