The short version
- An expunction orders all evidence of your arrest and trial destroyed — a truly clean slate, available in limited circumstances.
- A nondisclosure seals your record from the public — most employers, landlords, and schools — while government agencies keep their copy.
- Court fees typically run $300–$500 by county; our flat fee to petition is $1,350, filing fees included.
- The critical step: properly listing every agency that must be notified. Miss one, and your record stays public through it.
Once you’ve been arrested in Texas, that record is public — and it surfaces on background checks for years, whether or not you were ever convicted. The good news: Texas law offers two ways to take it back.
Expunction: the clean slate
An expunction is a court order saying that all evidence of your arrest and trial must be completely destroyed. Because it truly wipes the slate clean, it’s only available in limited circumstances — if you were tried and acquitted, convicted but later pardoned, or if charges were never filed by the state.
The lawTexas Code of Criminal Procedure, Chapter 55 — the expunction statute.Nondisclosure: sealed from the public
A nondisclosure lets government agencies keep a record of your conviction and offense, but prohibits releasing it to the public — and you won’t be required to disclose it on most job, housing, or school applications. Certain agencies remain entitled to your full history (the list is long; see Tex. Gov’t Code § 411.0765).
Generally, you may be eligible if you successfully completed deferred adjudication (not probation), it was your first offense besides traffic tickets, the offense was nonviolent, the required waiting period has passed, and you’ve stayed clean since.
The lawTexas Government Code §§ 411.071–411.0775 — nondisclosure eligibility and procedure.What it costs
Filing a petition typically costs $300–$500 in court fees depending on the county — before any attorney’s time. At Dalworth Legal, the petition is a flat $1,350, court filing fees included; in the rare case the district attorney requests a hearing, representation there is a flat $825.
The mistake that keeps records public
A critical part of the process is listing each government agency that should be notified if your petition is granted. Not listing an agency — simply because you didn’t know it held your record — can mean your criminal history remains available to the public through that agency, even after you win. This is the single best reason to have an attorney familiar with expunctions and nondisclosures handle the paperwork.
Not sure which path you qualify for? That’s a five-minute conversation. Send us the basics and we’ll take a look, or read more on our criminal defense practice page.
This article is for general information only. It does not guarantee a particular result in any given case and is not intended to create an attorney-client relationship. Dalworth Legal always advises talking to an attorney about your unique situation before moving forward in a lawsuit.
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