Free consultations · Available nights & weekends · Call 979-485-9954
Free consultations · Available nights & weekends · Call 979-485-9954
Home / Criminal Defense / Expunctions & Nondisclosures
An old case should stop answering questions for you. Find out in one free call whether yours can be erased or sealed. 979-485-9954.
Texas offers two forms of relief. An expunction destroys the records of an arrest as though it never happened. An order of nondisclosure seals them from public view while leaving them available to certain agencies. Which one applies depends on how the case ended and how much time has passed.
Expunction is generally available when the case was dismissed, you were acquitted, no charges were ever filed after the waiting period, or you completed a pretrial diversion program. Once granted, you may lawfully deny the arrest ever occurred and agencies must destroy their files.
It is not automatic. Nothing happens until a petition is filed — which is why people carry dismissed arrests on background checks for years without realizing they qualify.
Nondisclosure is the path after deferred adjudication and, in some circumstances, after a conviction with community supervision. The record is hidden from private background checks, employers, and landlords, though law enforcement and some licensing agencies still see it.
Attorney Donnie Andreski spent more than 20 years with the College Station Police Department, finishing as the lieutenant over criminal investigations. Attorney Adam Andreski prosecuted cases in Harris and Brazos County before joining the defense. Certain offenses, including most family violence and sex offenses, are excluded — we tell you plainly which category you are in.
| Charge | Classification | Exposure |
|---|---|---|
| Case dismissed or no-billed | Expunction | Records destroyed; you may deny the arrest |
| Acquitted at trial | Expunction | Available, often immediately |
| Pretrial diversion completed | Expunction | Available after program completion |
| Deferred adjudication completed | Nondisclosure | Sealed from public view after waiting period |
| Conviction with probation | Limited nondisclosure | Available for some offenses only |
| Family violence or sex offense | Generally excluded | Relief usually unavailable |
Penalty ranges are general. Enhancements, prior convictions, and the facts of your case can change the exposure significantly.
No. A dismissal ends the prosecution but the arrest record remains and shows up on background checks until a court orders it expunged. This surprises almost everyone who asks.
Typically a few months from filing to hearing to agencies complying, depending on the court’s docket and how many agencies must be served.
Private employers and landlords running standard background checks will not. Law enforcement and certain licensing and government agencies still can.
Tell us how your case ended and we will tell you, free, whether it can be erased or sealed — and exactly when.
