A criminal charge — even one that never led to a conviction — can show up on background checks, affect employment, limit housing options, and follow you for years. In Texas, many people do not realize that they may be eligible to clear or seal their criminal record entirely. Whether you were arrested and charges were dismissed, you completed a deferred adjudication, or you are dealing with an old conviction, Texas law provides legal pathways to start fresh.
At Frankfurt Law Firm in Dallas, Grant Frankfurt helps individuals throughout the DFW area pursue expungements and orders of nondisclosure so that a past mistake does not define their future.
What Is Expungement in Texas?
Expungement — also called expunction in Texas — is a legal process that permanently destroys criminal records associated with an arrest or charge. Once an expunction is granted, the records are removed from court files, law enforcement databases, and other state repositories. You are legally permitted to deny that the arrest ever occurred in most circumstances.
Expungement is the strongest form of relief available under Texas law. However, it applies only in specific situations. Not every arrest or charge qualifies.
Who Qualifies for Expungement in Texas?
Under Chapter 55 of the Texas Code of Criminal Procedure, you may be eligible for an expunction if:
- You were arrested but never charged. If the prosecutor chose not to file charges and the statute of limitations has passed, you may qualify.
- The charges against you were dismissed. If your case was dismissed — whether through a lack of evidence, prosecutorial decision, or completion of a pretrial diversion program — you may be eligible to expunge those records.
- You were acquitted at trial. A not-guilty verdict by a judge or jury makes you eligible for expungement immediately.
- Your conviction was overturned on appeal. If a higher court reversed your conviction and charges were not refiled, you can seek expungement.
- You received a pardon. A full pardon from the Governor of Texas or the President of the United States qualifies you for expunction.
It is important to understand what does not qualify. A completed conviction — even after you have served your time and paid all fines — generally cannot be expunged in Texas. This is a critical distinction, and it is where many people searching for relief need to explore the alternative option: an Order of Nondisclosure.
What Is an Order of Nondisclosure in Texas?
An Order of Nondisclosure does not destroy records the way expungement does, but it seals them from public view. Under this order, criminal justice agencies are prohibited from disclosing your records to the public, including employers, landlords, and background check companies.
You may qualify for an Order of Nondisclosure if you:
- Successfully completed deferred adjudication community supervision (probation) for certain offenses
- Have met all waiting period requirements after discharge
- Were not convicted of certain disqualifying offenses (which include family violence offenses, sex offenses requiring registration, and some others under Texas law)
The waiting period before you can file depends on the offense. For many misdemeanors where deferred adjudication was successfully completed, there is no waiting period at all. For state jail felonies and certain other felonies, the waiting period is typically five years after discharge.
Recent Changes to Texas Nondisclosure Law
Texas has expanded access to nondisclosure orders in recent years. Under changes that took effect in prior legislative sessions, individuals who received straight probation (not just deferred adjudication) for certain first-time, nonviolent misdemeanors may now be eligible for a nondisclosure order in Texas — a significant expansion of relief that many Dallas-area residents may not be aware of. If you were told years ago that you did not qualify, it may be worth revisiting your eligibility with an attorney.
Why This Matters in Dallas and the DFW Area
The Dallas-Fort Worth metro is one of the most competitive job markets in the country. A criminal record — even for a minor offense — can be a barrier to employment in industries ranging from healthcare and finance to real estate and technology. Many DFW employers conduct background checks as a standard part of hiring, and even dismissed charges can appear on reports if records have not been formally cleared.
Similarly, rental housing in Dallas has become increasingly competitive, and many property management companies run criminal background checks. Clearing or sealing your record can make a meaningful difference in securing housing in neighborhoods like Uptown, Oak Lawn, or Frisco.
How the Expungement Process Works in Texas
If you believe you qualify for expungement or a nondisclosure order, here is a general overview of what the process involves:
Step 1: Determine eligibility. This is the most critical step. The rules vary significantly based on the type of offense, disposition of the case, and timing. An experienced criminal defense attorney in Dallas can review your record and advise you on which options apply.
Step 2: File a petition. For expunction, a petition is filed in the district court of the county where the arrest occurred — in most DFW cases, that is Dallas County, Collin County, Denton County, or Tarrant County. The petition must include specific information about the arrest, charges, and outcome.
Step 3: Notify all relevant agencies. The court will require that all agencies with records related to the arrest be notified and given an opportunity to respond.
Step 4: Attend the hearing. A judge will review the petition and, if no objections are sustained, grant the expunction or nondisclosure order.
Step 5: Confirm record destruction or sealing. After the order is entered, affected agencies are required to destroy or seal the records. Following up to confirm compliance is an important step.
The timeline can range from a few months to longer depending on the court’s docket and whether any agencies contest the petition.
What an Expungement or Nondisclosure Cannot Do
Even after a successful expunction in Texas, some limitations remain:
- Federal agencies may still retain certain records.
- Private background check companies sometimes lag behind in updating their databases, and you may need to send certified copies of the order to correct inaccurate reports.
- Certain professional licensing boards are permitted by law to consider expunged arrests.
- Immigration proceedings are governed by federal law and are not affected by a Texas expunction.
An attorney can help you understand these nuances and set realistic expectations about what relief you will receive.
Do Not Wait — Waiting Periods Apply
One of the most common mistakes Dallas residents make is waiting too long to pursue expungement. Some expunction petitions are time-sensitive, and in certain cases, delays can complicate or eliminate eligibility. If charges were dismissed or you were acquitted, speaking with an attorney sooner rather than later is always the right call.
Talk to a Dallas Criminal Defense Attorney About Your Record
You do not have to carry a criminal record indefinitely. Texas law gives many people a second chance — but navigating the legal process on your own is difficult, and mistakes in the petition can delay or derail your case.
Grant Frankfurt is a criminal defense attorney in Dallas with extensive experience helping DFW clients clear and seal their records through expunctions and orders of nondisclosure. He will review your record, explain exactly what relief you may qualify for, and guide you through every step of the process.
Frankfurt Law Firm, PLLC
8150 N Central Expressway, Suite 1255
Dallas, Texas 75206
📞 (214) 775-5050
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