A past arrest or criminal case can continue to appear on background checks long after
the case has ended. Texas law provides two different forms of record relief for some
eligible matters: expunction and an order of nondisclosure.

What Is an Expunction?

An expunction - sometimes called an expungement - is a court process that may allow records and files
connected to an eligible arrest to be removed or destroyed. Expunction is generally the broader form of
Texas criminal-record relief, but eligibility is limited and depends on the exact history and outcome of
the case.

A dismissal does not automatically mean that a person qualifies. The entire arrest, all charges arising
from it, applicable waiting periods, and other legal requirements must be reviewed.

What Is an Order of Nondisclosure?

An order of nondisclosure is commonly described as record sealing. It restricts public disclosure of
eligible criminal-history information, but it does not destroy the record. Law enforcement, certain
government agencies, licensing authorities, and other entities authorized by law may still be able to
access sealed information.

A nondisclosure order may be available in some cases that do not qualify for expunction, including
certain matters involving deferred adjudication or other qualifying dispositions. Eligibility and waiting
periods vary by offense and case history.

Expunction and Record Sealing Are Different

• Expunction may remove or destroy records associated with an eligible arrest.
• Nondisclosure restricts public access but does not erase the record from every government or
  authorized system.
• Each remedy has different eligibility rules and filing requirements.
• Some cases may qualify for one form of relief but not the other.

Who May Qualify?

There is no reliable one-size-fits-all answer. A legal review is necessary because eligibility may depend
on several details, including:

• The exact charge or charges connected to the arrest
• Whether the case was dismissed, rejected, acquitted, pardoned, or resulted in another
  disposition
• Whether the person completed deferred adjudication or another form of community supervision
• Whether a conviction occurred
• The date the case ended and any applicable waiting period
• Whether the person has other arrests, charges, deferred adjudications, or convictions
• Whether the offense is excluded from the requested form of relief

Our Record-Relief Services

• Reviewing the clients criminal-history information and available court records
• Explaining the difference between expunction and nondisclosure
• Evaluating the case for possible eligibility under current Texas law
• Identifying missing records or information needed to complete the review
• Preparing and filing the appropriate application or petition when representation is accepted
•  Providing required notices and handling the court process
• Preparing a proposed order and explaining the effect of the final order

Our Review Process

1. Gather the case information. We request the arrest date, county, charge, cause number, final
disposition, and information about any probation or deferred adjudication.

2. Review eligibility. We evaluate the available records, waiting periods, and relevant criminal
history.

3. Explain the options. We discuss whether expunction, nondisclosure, or neither remedy appears
available based on the information reviewed.

4. Prepare and file the case. If representation is accepted, we prepare the appropriate filing and
guide the matter through the required court process.

Information to Have Ready

•  The county where the arrest or case occurred
• The approximate arrest date
• The charge or charges
• The court and cause number, if available
• The final result of the case
• Information about deferred adjudication, probation, jail time, or other conditions
• Information about any other arrests or criminal cases

Frequently Asked Questions

• Is a dismissed charge automatically removed from my record?

No. A dismissal does not automatically erase the arrest or court record. The case may continue to
appear unless the person qualifies for and obtains the appropriate court order.

• Can deferred adjudication be expunged?

Expunction after deferred adjudication is very limited. Some deferred-adjudication cases may instead
qualify for an order of nondisclosure. The charge, level of offense, completion date, and criminal history
must be reviewed.

Can a conviction be removed?

Most convictions do not qualify for expunction. Certain convictions or other dispositions may qualify for
a nondisclosure order, but many offenses are excluded. A record review is necessary before any
conclusion can be reached.

Will record sealing hide the case from everyone?

No. A nondisclosure order limits public disclosure, but the record may remain available to law
enforcement, certain government agencies, licensing authorities, and other entities authorized by law.

Will an expunction or nondisclosure immediately remove information from every private
website?

Not necessarily. Court and government records are addressed through the legal order, but private
background-check companies and online databases may not update immediately. Additional follow-up
may sometimes be needed.

Do immigration or professional-licensing rules treat these orders differently?

They may. Federal immigration requirements, licensing rules, and certain government disclosures can
differ from the rules that apply to ordinary public background checks. Clients with immigration or
licensing concerns should obtain advice addressing those specific requirements.

Find Out Whether You May Qualify

Do not assume that you qualify - or that you do not qualify - based only on what happened in another
persons case. Schedule a confidential consultation with Abbage Law Group for a review of your Harris
County matter and an explanation of the options that may be available.