Texas Expunctions vs. Nondisclosures: What’s the Difference? (Houston Guide)

If you were arrested or charged in Texas, clearing or sealing your record can protect your future—jobs, housing, professional licensing, and more. Below is a simple, Houston‑focused guide explaining the difference between an expunction (clearing) and an order of nondisclosure (sealing), when each may apply, and how the local process typically works. [texaslawhelp.org]
 

What is an Expunction in Texas?

  • Purpose: Permanently removes qualifying entries from public criminal history records. [dps.texas.gov], [texaslawhelp.org]
  • Typical eligibility examples: Arrests that did not result in a conviction, cases dismissed, acquittals, pardons, and certain Class C misdemeanors after deferred adjudication (subject to statutory waiting periods). [texaslawhelp.org]
  • Common waiting periods (minimums) before filing:
    • Class C misdemeanors: 180 days
    • Class A/B misdemeanors: 1 year
    • Felonies: 3 years
      (Exact timing depends on charges and statutes of limitation.) [texaslawhelp.org]

Statutory source & overview: Texas expunctions are governed by the Texas Code of Criminal Procedure and explained on the Texas Department of Public Safety site. [dps.texas.gov]

What is an Order of Nondisclosure in Texas?

  • Purpose: Seals certain offenses from public disclosure so most private background checks cannot see them; law enforcement, licensing agencies, and some government entities can still access the records. [texaslawhelp.org]
  • Who may qualify: Individuals who successfully completed deferred adjudication or certain convictions under sections of Texas Government Code §411 (depends on offense and supervision type). [txcourts.gov]
  • Automatic nondisclosure for certain non‑violent misdemeanors: Under Gov’t Code §411.072, courts may issue an order after discharge/dismissal if all statutory requirements are met; a $28 fee is paid to the clerk (not a filing fee). [codes.findlaw.com], [texaslawhelp.org]
  • Different sections cover different scenarios (deferred adjudication misdemeanors/felonies, certain DWI/BWI misdemeanors, veterans programs, etc.). [txcourts.gov]

Harris County Notes: Fees & Process (Typical)

  • Expunction filing fees in Harris County are commonly around $350 base plus service costs to agencies (fees vary—confirm with the clerk). [hcdistrictclerk.com]
  • City of Houston guidance for Class C expunctions has referenced ~$227 (confirm current amount). [houstontx.gov]
  • For nondisclosure in Harris County, expect filing fees ~ $300 unless waived—see the county’s Clear Your Record site. [clearyourr...county.org]

Local resource: Harris County Law Library’s guide aggregates TexasLawHelp resources and statute links for expunctions/nondisclosures. [harriscoun...ibrary.org]

Visual Guide: “Expunctions vs. Nondisclosures”

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When Should You Consider Each?

Choose Expunction when you want complete removal of qualifying records (no public trace), typically after dismissal, acquittal, or qualifying scenarios listed by statute. [dps.texas.gov], [texaslawhelp.org]

Choose Nondisclosure when you want records sealed from public view—often after deferred adjudication or certain convictions—while understanding agencies can still view them. [txcourts.gov], [texaslawhelp.org]

Why Houston Clients Trust Omar Saman

  • Proven Experience in criminal defense, DWI, and personal injury.
  • Affordable Solutions with straightforward strategy.
  • Strong Support at every step—clear communication, fast action.
  • Local Expertise in Harris County courts and procedures.

Explore our practice pages:

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Houston & Texas Resources (External)

  • Texas DPS: Criminal History Records – Expunction & Nondisclosure overview [dps.texas.gov]
  • Texas Judicial Branch: Orders of Nondisclosure overview & sections [txcourts.gov]
  • TexasLawHelp (updated 2025): Clear or Seal Your Record – waiting periods & forms [texaslawhelp.org]
  • Harris County District Clerk (Expunction filing fees/process) [hcdistrictclerk.com]
  • City of Houston (Class C expunction guidance) [houstontx.gov]

FAQ (Texas‑Specific)

Q1: Does deferred adjudication automatically remove my record?
No. The charge can be dismissed without a conviction, but the entry can still appear on background checks unless you pursue nondisclosure (and meet eligibility under the correct Gov’t Code section). [texaslawhelp.org]

Q2: Can a DWI be sealed?
Sometimes. Certain misdemeanor DWIs may qualify for nondisclosure under specific sections (e.g., §411.0726 / §411.0731 / §411.0736), each with its own requirements and waiting periods. Consult an attorney to determine the correct section for your case. [txcourts.gov]

Q3: What are typical expunction waiting periods?
At minimum: 180 days (Class C), 1 year (Class A/B), 3 years (felony), subject to statutes of limitation and case specifics. [texaslawhelp.org]

Q4: Do agencies still see a nondisclosed case?
Yes. Criminal justice agencies, licensing bodies, and certain government entities retain access even after nondisclosure; the public does not. [texaslawhelp.org]

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