A Step-by-Step Guide to Expunctions, Expungements, and Nondisclosures

Published by FCRA Attorneys PLLC | Resource Partner Feature: Wyde Law

A criminal record doesn’t just follow you through the court system — it follows you into job interviews, apartment applications, loan approvals, and background checks for years after your case is over. Many Texans don’t realize that even a dismissed charge or an arrest that never led to prosecution can still appear on a standard background check, creating obstacles that feel impossible to overcome.

The good news? Texas law provides real pathways to either erase or seal your criminal history. The process isn’t always simple, but understanding your options is the first step toward a clean slate.

At FCRA Attorneys, we regularly see how old criminal records collide with credit reporting, employment screening, and tenant background checks — creating a cascade of harm that touches every corner of a person’s financial life. That’s why we’ve partnered with Wyde Law, a Dallas-based firm that focuses exclusively on helping Texas clients clear their records through expunctions, expungements, and orders of nondisclosure.

Expunction vs. Nondisclosure: What’s the Difference?

Before diving into the how-to, it helps to understand the two main tools Texas law provides for cleaning up a criminal record.

Expunction (Expungement) is the nuclear option — in a good way. An expunction completely destroys the record of an arrest and any related court proceedings. Once granted, the law treats the event as though it never happened. You can legally deny the arrest ever occurred, even under oath in most situations. Government agencies, courts, and law enforcement are required to delete or destroy all files related to the case.

Nondisclosure (Record Sealing) takes a different approach. Rather than destroying the record, a nondisclosure order removes it from public view. The record won’t appear on most standard background checks, and private employers, landlords, and creditors generally cannot access it. However, certain government agencies, law enforcement, and licensing authorities can still see it — and you cannot deny the arrest under oath.

The distinction matters enormously depending on your goals. If you’re dealing with a background check issue that’s costing you a job or an apartment, either remedy may solve the immediate problem. But if you want the most complete protection the law offers, expunction is the stronger remedy when you qualify.

Step 1: Determine Your Eligibility

Eligibility is the threshold question, and it’s where most people get tripped up. Texas law draws sharp lines around who qualifies for each type of relief.

You May Be Eligible for an Expunction If:

• You were arrested but never charged, and the statute of limitations has expired or charges are no longer possible.
• Your case was dismissed — whether before or after indictment.
• You were acquitted (found not guilty) at trial.
• You were convicted but later pardoned by the Governor or President.
• You were a victim of identity theft and someone else’s criminal conduct was attributed to you.
• You completed deferred adjudication for a Class C misdemeanor (the lowest-level criminal offense in Texas, which never carries jail time).

You May Be Eligible for a Nondisclosure If:

• You successfully completed deferred adjudication for an eligible offense.
• You received deferred adjudication for a first-time DWI (with no accident and no high BAC), completed all terms, and met the waiting period.
• You have no disqualifying convictions on your record.

Offenses That Disqualify You from Nondisclosure:

Certain categories of offenses permanently bar nondisclosure relief, regardless of how the case was resolved. These include any offense requiring sex offender registration, offenses involving family violence, stalking, human trafficking, and violations of protective orders.

Step 2: Calculate Your Waiting Period

Even if you’re eligible, Texas law imposes mandatory waiting periods before you can file. These waiting periods run from either the date of arrest or the date your case concluded, depending on the type of relief:

• Class C Misdemeanors: 180 days after arrest
• Class A and B Misdemeanors: 1 year after arrest
• Felonies: 3 to 5 years after arrest (for expunction based on non-prosecution)
• Nondisclosure after deferred adjudication: Varies by offense, generally 6 months to 5 years after completing supervision

Some situations carry no waiting period at all — for example, if you were acquitted at trial, you’re entitled to an immediate expunction.

Step 3: Gather Your Documentation

Before filing, you’ll need to collect key information and documents, including:

• Your DPS criminal history report (you can request this from the Texas Department of Public Safety)
• The cause number and court information from your original case
• Arrest records, including the date, location, and arresting agency
• Documentation of case disposition — dismissal orders, acquittal records, or proof of completed deferred adjudication
• Information about every agency that may hold records related to the arrest (this is critical for expunction petitions, where each agency must be served)

Step 4: File Your Petition

The filing requirements differ between expunctions and nondisclosures:

For Expunctions: You file a Petition for Expunction in the civil district court of the county where the arrest occurred. If you have multiple arrests in the same county, you can petition to expunge all of them in a single filing. Each agency that holds records must be served with notice.

For Nondisclosures: You file a Petition for Order of Nondisclosure in the same court that handled the original criminal case. Unlike expunctions, you must file a separate petition for each record you want sealed.

Some first-time misdemeanor nondisclosures are supposed to happen automatically for cases completed after August 31, 2017 — but in practice, many courts don’t process these on their own. You may need to file a motion reminding the court to issue the order.

Step 5: Attend the Hearing

After filing, the court will schedule a hearing — typically about 30 days out.

For expunctions, the court evaluates whether you meet the statutory requirements. If you do, the court must grant the order. For nondisclosures, the judge first determines your eligibility and then decides whether granting the order is “in the interest of justice” — a discretionary standard. (For automatic nondisclosures involving first-time nonviolent misdemeanors completed through deferred adjudication, the interest-of-justice finding is not required.)

Step 6: Ensure Compliance After the Order

Getting the order signed is not the finish line. For expunctions, the signed order must be submitted to every agency and organization that may hold records related to the case. Agencies then have a set timeframe — generally 180 days — to destroy or return the relevant records.

This is where many pro se filers run into problems. If you miss an agency, or if an agency fails to comply, the record can persist in databases and continue appearing on background checks — which is exactly the kind of problem that leads people to contact our firm at FCRA Attorneys.

Why Criminal Records and Credit Reporting Intersect

At FCRA Attorneys, we see the downstream consequences of uncleared criminal records every day. A criminal record that should have been expunged or sealed — but wasn’t — can show up on a consumer report and cost someone a job, an apartment, or a professional license. Under the Fair Credit Reporting Act, consumer reporting agencies have a legal obligation to follow reasonable procedures to ensure accuracy. When they report criminal records that have been lawfully expunged or sealed, that’s a potential FCRA violation.

If you’ve already obtained an expunction or nondisclosure and your record is still showing up on background checks, that’s where we come in. Contact FCRA Attorneys at (888) 498-9533 or visit fcraattorneys.com to discuss your rights.

Get Started with Wyde Law

The expunction and nondisclosure process is navigable, but it’s detail-intensive — and mistakes can delay your case or, in some situations, affect your eligibility. Having an experienced attorney handle the petition, the filing, agency notification, and post-order compliance makes a significant difference.

Wyde Law is our trusted resource partner for Texas clients who need help clearing their criminal records. Their team handles expunctions, expungements, and orders of nondisclosure across the state, and they understand how critical it is to get the job done right the first time.

Ready to clear your record? Contact Wyde Law today:

• Phone: (214) 521-9100
• Website: www.cleanyourrecords.com