San Antonio Expunction and Nondisclosure Lawyer

A criminal record can follow a person long after a case has ended, surfacing in background checks for jobs, housing, and professional licenses. Texas law provides two distinct forms of relief for qualifying records, expunction and an order of nondisclosure, and the differences between them matter a great deal.

Expunction and nondisclosure: what each one does

Texas recognizes two separate legal tools for addressing a criminal record, and they are not interchangeable. An expunction is the more complete remedy. It calls for the physical destruction or return of records and files relating to an arrest, and it is governed by Chapter 55A of the Texas Code of Criminal Procedure, which took effect on January 1, 2025 and reorganized the former Chapter 55.¹² When a court grants an expunction, the agencies that hold the records are directed to delete them, and the law treats the arrest as something the person may generally deny ever happened.³

An order of nondisclosure is a sealing remedy rather than a destruction remedy. It is governed by Subchapter E-1 of Chapter 411 of the Texas Government Code, sections 411.071 through 411.0775.⁴ An order of nondisclosure prohibits criminal justice agencies from disclosing the sealed information to the public, so it generally will not appear in a private background check. The records continue to exist, however, and certain agencies retain access to them, including criminal justice agencies and a list of licensing and regulatory bodies named in the statute.⁵ In short, expunction aims to erase, and nondisclosure aims to hide from public view while preserving limited official access.

Who is eligible for an expunction in Texas

Eligibility for an expunction generally turns on the absence of a conviction. Chapter 55A sets out several paths. A person who was tried and acquitted is entitled to an expunction of the records relating to that charge.⁶ Expunction is also available after a pardon, including a pardon based on actual innocence and, under defined conditions, a pardon granted for another reason.⁷

The more common situation involves an arrest that did not lead to a conviction. Chapter 55A allows expunction where a person was arrested, the charge did not result in a final conviction and is no longer pending, and there was no court ordered community supervision for the offense, subject to the conditions in the statute.⁸ When no charging instrument was ever presented, the law sets waiting periods measured from the date of arrest before a petition may proceed. The Code provides that at least 180 days must have elapsed for an offense punishable as a Class C misdemeanor, at least one year for an offense punishable as a Class B or Class A misdemeanor, and at least three years for an offense punishable as a felony, in each case where no felony charge arose from the same transaction.⁹ A case may also move forward sooner if the attorney representing the state certifies that the arrest records and files are no longer needed for an investigation or prosecution.⁹

Certain dismissals can support an expunction as well, such as a dismissal after the limitations period has expired, subject to the requirements in Subchapter B of Chapter 55A.¹⁰ Because a conviction or, in most circumstances, completion of deferred adjudication will defeat eligibility for an expunction, many people who were placed on community supervision look instead to an order of nondisclosure.

Who is eligible for an order of nondisclosure

An order of nondisclosure is most often associated with deferred adjudication community supervision that ended in a discharge and dismissal. For certain nonviolent misdemeanors, the law provides an automatic order. Under Section 411.072, when a person who has no disqualifying history receives a discharge and dismissal for an eligible misdemeanor, the court is directed to issue the order without a separate petition, generally on or after the 180th day after deferred adjudication began, upon payment of a fee set by statute at twenty-eight dollars.¹¹

Many other situations require a petition. Section 411.0725 governs nondisclosure after deferred adjudication for felonies and for misdemeanors that fall outside the automatic category. It establishes waiting periods measured from the discharge and dismissal: a petition may be filed upon discharge for an eligible misdemeanor, on or after the second anniversary of the discharge and dismissal for a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46 of the Penal Code, and on or after the fifth anniversary of the discharge and dismissal for a felony.¹² The court issues the order only after notice to the state, an opportunity for a hearing, and a finding that issuance is in the best interest of justice.¹²

The statute also lists offenses and conditions that make a person ineligible. Under Section 411.074, a person may not receive an order of nondisclosure if the request relates to, or the person has previously been convicted of or placed on deferred adjudication for, an offense that requires sex offender registration under Chapter 62 of the Code of Criminal Procedure, aggravated kidnapping, murder or capital murder, trafficking of persons, injury to a child, elderly individual, or disabled individual, abandoning or endangering a child, violation of certain protective orders, stalking, or any offense involving family violence as defined by Section 71.004 of the Family Code.¹³ The same section requires that, during the supervision and any applicable waiting period, the person not be convicted of or placed on deferred adjudication for any offense other than a fine only traffic offense, and the court must not have made an affirmative finding of family violence in the case.¹³

Feature	Expunction (Tex. Code Crim. Proc. Ch. 55A)	Order of nondisclosure (Tex. Gov’t Code Subch. E-1)
What it does	Directs destruction or return of records and files relating to the arrest.14	Seals records from public disclosure while they continue to exist.5
Typical eligibility	Acquittal, pardon, certain dismissals, or an arrest with no final conviction after the applicable waiting period.89	Successful completion of deferred adjudication, subject to waiting periods and offense exclusions.1213
Who can still see the record	Records are deleted, so generally no agency retains them once the order is carried out.14	Criminal justice agencies and the licensing and regulatory entities listed in the statute retain access.515
Effect on a conviction	Not available for most final convictions.8	Available in limited conviction and supervision scenarios defined by statute.16

How these petitions move through Bexar County courts

Both forms of relief are pursued as court proceedings, and in Bexar County they are filed with the district clerk and heard in the appropriate court. An expunction begins with a verified petition. Chapter 55A directs that the petition be filed in a district court, that it contain the information the statute requires, and that the court set a hearing only after reasonable notice has been given to every agency named in the petition.¹⁷

In practice, a Bexar County petitioner files the petition for expunction of records with the Bexar County District Clerk and pays the filing fee. The Bexar County Criminal District Attorney and the other agencies that hold records are entitled to notice and may appear to oppose the request. The court then sets a hearing, and if the petition is granted, the signed order is returned to the clerk and served on each agency that must act on it.¹⁸

A petition for an order of nondisclosure follows a parallel path. The petition is filed in the court that handled the case, the state receives notice and an opportunity to be heard, and the court issues the order only if the petitioner is entitled to file and the court finds that the order is in the best interest of justice.¹² For an automatic order under Section 411.072, no petition is required, and the court acts on its own once the statutory conditions are met and the fee is paid.¹¹ Forrest Good handled these filings in Bexar County and confirmed the correct court, the required notices, and the documents each agency expects.

What a granted order means for your record

The practical effect depends on which remedy was granted. After an expunction, the agencies that received the order are directed to delete the records and files relating to the arrest, and the person is generally permitted to deny that the arrest occurred, with narrow exceptions defined by law.¹⁴

An order of nondisclosure works differently. The clerk seals the court records and sends the order to the Crime Records Service of the Department of Public Safety, which then seals the criminal history record information it maintains within the timeframes set by statute.¹⁹ Once an order is in place, the court may disclose the sealed information only to criminal justice agencies for criminal justice or regulatory licensing purposes, to the agencies and entities listed in Section 411.0765, and to the person who is the subject of the order.²⁰ The law also addresses what a person may say afterward. A person who is the subject of an order of nondisclosure is not required to state, on an application for employment, information, or licensing, that the person was the subject of the proceeding covered by the order.¹⁹

What to do if you want to clear or seal a record in San Antonio

The first step is to identify the exact disposition of the case, because eligibility depends on whether the matter ended in an acquittal, a dismissal, a no charge, deferred adjudication, or a conviction. Court records, the charging history, and the dates of arrest and discharge all bear on which statute applies and which waiting period, if any, has run.

Forrest Good reviewed the record, determined whether expunction under Chapter 55A or an order of nondisclosure under Subchapter E-1 might apply, and prepared the petition and notices for filing in the appropriate Bexar County court.⁸⁴ Forrest Good PLLC is located in San Antonio and served clients throughout Bexar County.

This page provides general information about Texas criminal law and is not legal advice about a specific case. Reading it does not create an attorney-client relationship.

Frequently asked questions

What is the difference between an expunction and an order of nondisclosure?

An expunction directs the destruction or return of the records relating to an arrest, while an order of nondisclosure seals the records from public view but leaves them in existence and accessible to certain agencies. Expunction is governed by Chapter 55A of the Code of Criminal Procedure, and nondisclosure is governed by Subchapter E-1 of Chapter 411 of the Government Code.

Can a conviction be expunged in Texas?

Expunction is generally not available for a final conviction. It is aimed at arrests that did not lead to a conviction, including acquittals, certain dismissals, and arrests where no charge resulted in a final conviction after the applicable waiting period. Some convictions and supervision outcomes may qualify instead for an order of nondisclosure under defined conditions.

How long must a person wait to seek an expunction after an arrest with no charges?

When no charging instrument was presented, the Code of Criminal Procedure sets waiting periods measured from the date of arrest: at least 180 days for an offense punishable as a Class C misdemeanor, at least one year for a Class B or Class A misdemeanor, and at least three years for a felony, where no felony charge arose from the same transaction. A case may proceed sooner if the state certifies that the records are no longer needed.

Are some offenses excluded from nondisclosure?

Yes. Section 411.074 lists offenses that make a person ineligible, including offenses requiring sex offender registration, aggravated kidnapping, murder and capital murder, trafficking of persons, injury to a child, elderly individual, or disabled individual, certain protective order violations, stalking, and any offense involving family violence as defined by the Family Code.

Who can still see a record after an order of nondisclosure is granted?

Sealed information remains available to criminal justice agencies for criminal justice or regulatory licensing purposes, to the licensing and regulatory entities listed in Section 411.0765, and to the person who is the subject of the order. It is generally removed from public background checks.

Where are these petitions filed in San Antonio?

Expunction petitions in Bexar County are filed with the Bexar County District Clerk, with notice to the district attorney and other record holding agencies, followed by a court hearing. A petition for an order of nondisclosure is filed in the court that handled the case, with notice to the state and an opportunity for a hearing.

Related on this site

References

1. Texas Constitution and Statutes, Tex. Code Crim. Proc. Ch. 55A, Expunction of Criminal Records. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55A.htm
2. Texas Code of Criminal Procedure, Art. 55A.051 source note (Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), eff. January 1, 2025). https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.051
3. Tex. Gov’t Code § 411.075, Procedure After Order (statement on applications for employment, information, or licensing). https://texas.public.law/statutes/tex._gov’t_code_section_411.075
4. Texas Constitution and Statutes, Tex. Gov’t Code Ch. 411, Subchapter E-1, Order of Nondisclosure of Criminal History Record Information (§§ 411.071-411.0775). https://statutes.capitol.texas.gov/docs/gv/pdf/gv.411.pdf
5. Tex. Gov’t Code § 411.076, Disclosure by Court (court may not disclose to the public; clerk seals records). https://texas.public.law/statutes/tex._gov’t_code_section_411.076
6. Tex. Code Crim. Proc. Art. 55A.002, Following Trial Court Acquittal. https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-55a-051/
7. Tex. Code Crim. Proc. Arts. 55A.003 and 55A.004, Pardon for Actual Innocence and Pardon for Reason Other than Actual Innocence. https://texas.public.law/statutes/tex._code_of_crim._proc._title_1_chapter_55a
8. Tex. Code Crim. Proc. Art. 55A.051, Applicability of Subchapter (released, no final conviction and not pending, no Chapter 42A community supervision). https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.051
9. Tex. Code Crim. Proc. Art. 55A.052, Indictment or Information Not Presented (180 days, one year, three years from date of arrest; state certification). https://texas.public.law/statutes/tex._code_of_crim._proc._article_55a.052
10. Tex. Code Crim. Proc. Ch. 55A, Subchapter B, Special Circumstances Requiring Mandatory Expunction, Arts. 55A.051-55A.054 (including Art. 55A.054, Expiration of Limitations Period). https://law.justia.com/codes/texas/code-of-criminal-procedure/title-1/chapter-55a/subchapter-b/article-55a-054/
11. Tex. Gov’t Code § 411.072, Procedure for Deferred Adjudication Community Supervision; Certain Nonviolent Misdemeanors (automatic order; 180th day; twenty-eight dollar fee). https://texas.public.law/statutes/tex._gov’t_code_section_411.072
12. Tex. Gov’t Code § 411.0725, Procedure for Deferred Adjudication Community Supervision; Felonies and Certain Misdemeanors (filing upon discharge, second anniversary, fifth anniversary; notice, hearing, best interest of justice). https://texas.public.law/statutes/tex._gov’t_code_section_411.0725
13. Tex. Gov’t Code § 411.074, Required Conditions for Receiving an Order of Nondisclosure (ineligible offenses and conduct during the waiting period). https://texas.public.law/statutes/tex._gov’t_code_section_411.074
14. Tex. Code Crim. Proc. Ch. 55A, Expunction of Criminal Records (destruction or return of records and files relating to the arrest). https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55A.htm
15. Tex. Gov’t Code § 411.0765, Disclosure by Criminal Justice Agency (agencies and entities permitted to receive sealed information). https://codes.findlaw.com/tx/government-code/gov-t-sect-411-0765/
16. Texas Office of Court Administration, Overview of Orders of Nondisclosure (Feb. 2024) (automatic versus petition-based orders; conviction and supervision scenarios under §§ 411.072, 411.0725, 411.0727, 411.073, 411.0735, 411.0736). https://www.txcourts.gov/media/1458252/overview-of-orders-of-nondisclosure-2024.pdf
17. Tex. Code Crim. Proc. Arts. 55A.251-55A.255, Procedure for Expunction (Filing of Petition, Contents of Petition, Hearing; Notice, Entry of Expunction Order). https://texas.public.law/statutes/tex._code_of_crim._proc._title_1_chapter_55a
18. Bexar County, Texas, District Clerk’s Office, filing of petitions and forms; expunction and nondisclosure information. https://www.bexar.org/3697/Forms
19. Tex. Gov’t Code § 411.075, Procedure After Order (clerk sends order to the Crime Records Service; Department seals records; statement on applications). https://texas.public.law/statutes/tex._gov’t_code_section_411.075
20. Tex. Gov’t Code § 411.076, Disclosure by Court (limited disclosure to criminal justice agencies, entities listed in § 411.0765, and the subject of the order). https://texas.public.law/statutes/tex._gov’t_code_section_411.076