expunctions & non-disclosures — complete framework
L and L Law Group, PLLC handles texas expunctions & non-disclosures across the nine DFW counties we serve. The framework pages below cover the statutory text, defense strategies, county-specific procedure, and the realistic resolution menu for each charge. Under Reggie and Njeri London's leadership, the firm's criminal defense team handles every retainer with firm-wide trial-tested standards.
Each framework page below is a self-contained legal-practice document covering the controlling statute, the three or four primary defense strategies, the DFW county-by-county procedural variations, and the typical resolution outcomes for that charge. The pages are written for clients facing the charge — not for other lawyers — and the citations and statutory links let you verify everything we say.
If your situation does not fit any of the pages below, call (972) 370-5060 for a free 24/7 consultation. Most clients hear back from a partner within an hour.
Choosing a Texas — DFW Advocate Selection Guide
How to evaluate and hire a Texas deferred-adjudication attorney.
View framework →How to Choose a Texas — DFW Counsel Selection Guide
How to evaluate a Texas expunction lawyer — TBLS board certification, fee-structure norms (content=
View framework →Choosing a Texas Non-Disclosure — Evaluation Guide
How to evaluate a Texas non-disclosure attorney — specialty depth across six Gov Code § 411 paths, DWI HB 3582 / HB 3016 fluency.
View framework →Texas Deferred Adjudication Strategy — CCP Chapter 42A
Texas deferred adjudication under Code of Criminal Procedure Chapter 42A — eligibility under § 42A.101, conditions under § 42A.105.
View framework →Texas Order of Expunction — CCP Chapter 55 Procedure
Texas Order of Expunction under Code of Criminal Procedure §§ 55.01–55.06.
View framework →Texas Non-Disclosure (Sealing) — Gov’t Code §§
Texas Orders of Non-Disclosure under Government Code §§ 411.071–411.0731 — deferred-adjudication sealing under § 411.0725.
View framework →What is texas expunctions and non-disclosure under Texas law?
Texas record relief proceeds under two parallel tracks. Code of Criminal Procedure Chapter 55 governs expunction — the destruction of records in qualifying cases (acquittal, dismissal after pretrial diversion, no-bill by grand jury, certain class C misdemeanors, identity-theft victim cases). Expunction is the strongest remedy: agencies are ordered to destroy or return their files and the petitioner may legally deny the case occurred.
Non-disclosure under Government Code Chapter 411 seals records from public access while leaving them available to law enforcement and certain agencies. § 411.0725 covers post-deferred-adjudication non-disclosure on most non-violent offenses; § 411.072 covers automatic and discretionary non-disclosure on certain misdemeanor convictions; § 411.0735 covers DWI non-disclosure with restrictions. Juvenile sealing follows Family Code §§ 58.253, 58.255.
Elements the State must prove
Every expunction and non-disclosure charge is built on statutory elements. The State carries the burden on each element beyond a reasonable doubt under Penal Code § 2.01. Defense work begins by identifying which element the State will struggle to prove on this case’s record.
- For Chapter 55 expunction: the case (1) ended in acquittal, (2) was dismissed after pretrial diversion completion, (3) was no-billed, (4) was a qualifying Class C misdemeanor, or (5) involved identity-theft-victim status.
- Statute of limitations must have run for cases not otherwise qualifying.
- No conviction may exist on the offense or any felony arising from the same criminal episode.
- For § 411.0725 non-disclosure: the case ended in successful deferred adjudication; the offense is not categorically excluded (no family violence, no registration offense, no first-degree felony involving harm).
- Waiting periods apply under § 411.0725(g) — most misdemeanors are eligible immediately on dismissal; some require a 2- or 5-year wait; certain felonies require longer waits.
Penalty range matrix
The exposure on a expunction and non-disclosure case depends on the specific subsection, the alleged conduct, and any enhancement allegations. The table below captures the principal charge tiers we see.
| Remedy | Statute | Qualifying cases | Effect |
|---|---|---|---|
| Expunction (acquittal/dismissal) | CCP Art. 55.01(a)(1) | Acquittal, dismissal after PTD, no-bill, qualifying Class C | Files destroyed/returned; petitioner may deny case |
| Expunction (limitations) | CCP Art. 55.01(a)(2) | Statute of limitations has run, no prosecution | Same as above |
| Non-disclosure (post-deferred) | Gov't Code § 411.0725 | Most non-violent successful deferred | Records sealed from public; available to LE and certain agencies |
| Automatic non-disclosure (Class C deferred) | Gov't Code § 411.072 | Certain Class C deferred adjudication | Automatic sealing at end of deferral |
| DWI non-disclosure | Gov't Code § 411.0731 | Certain first-offense DWI under § 49.04 | Sealing with 2 or 5-year wait; restrictions apply |
| Juvenile automatic restriction | Family Code § 58.255 | Most non-violent juvenile adjudications at age 19 | Records restricted from public access |
| Juvenile sealing (motion) | Family Code § 58.253 | Various juvenile cases on motion | Records sealed; treated as not having occurred |
How the cases come up — hypothetical scenarios
These scenarios illustrate how expunction and non-disclosure charges arise in DFW criminal practice. They are illustrative only and do not describe any specific client or outcome.
- A defendant whose case was no-billed by the grand jury. CCP Article 55.01(a)(1) permits immediate expunction; counsel files the petition in the court of original venue and serves the listed agencies under § 55.02.
- A defendant who successfully completed deferred adjudication on a non-violent Class A misdemeanor. Gov't Code § 411.0725 non-disclosure is available; the waiting period (immediate, 2 years, or 5 years) depends on the offense classification.
- A defendant acquitted at trial. CCP Article 55.01(a)(1)(A) permits expunction with no waiting period; counsel files in the court of original venue.
- A defendant arrested but never prosecuted, with statute of limitations now expired. CCP Article 55.01(a)(2)(A) applies; the limitation period under CCP Article 12.01 must be verified.
- A defendant with multiple charges from a single arrest, some dismissed and one resulting in deferred adjudication. The dismissed counts may be expunged; the deferred count may be eligible for non-disclosure — separate petitions required.
- A defendant with a juvenile record qualifying for automatic restriction at age 19 under Family Code § 58.255. Counsel confirms the automatic process and may file for additional sealing under § 58.253 where qualifying.
- A defendant convicted of a Class C misdemeanor and seeking expunction after the conviction is set aside on the court's own motion. Limited Class C pathways under CCP Article 55.01(a)(2)(B) may apply.
Common defenses
Expunction and Non-Disclosure defense draws on constitutional, statutory, and evidence-based theories. The mix of available defenses depends on the specific charge, the State’s evidence, and the procedural posture.
- Petition drafting — careful identification of the case, the disposition, the qualifying ground, and the agencies to be served under CCP Article 55.02 § 2(b).
- Eligibility analysis — verify case ending, statute-of-limitations status, classification, and any disqualifying convictions arising from the same criminal episode under § 55.01(c).
- Service on all required agencies — Texas DPS, the arresting agency, the prosecuting agency, all custodians under § 55.02 § 2(b). Missed agencies leave the record incomplete.
- Hearing strategy — most expunctions are unopposed and resolved by submission. Contested cases require evidence of qualifying ground.
- Non-disclosure waiting-period calculation — under § 411.0725(g), careful tracking of the deferral end-date and applicable waiting period.
- Federal records and TCIC/NCIC — Texas expunction binds state agencies; federal records (FBI NCIC) require separate handling under federal procedures.
- Background-check companies — Texas Business and Commerce Code § 20.05 governs private CRA notification after a successful expunction or non-disclosure order.
- Coordination with sealing for juvenile and Class C cases — multiple petitions where multiple cases are at issue.
What to do if you’re charged — five steps
The first 72 hours after an arrest or charging decision shape the case. The five steps below are the framework our partners apply on every new expunction and non-disclosure retainer.
Pull the case disposition, criminal history (DPS), and arresting-agency records. Identify the qualifying ground under CCP Chapter 55 or Gov't Code Chapter 411. Verify no disqualifying conviction from the same criminal episode under § 55.01(c).
Draft the petition with required identifying information, the disposition, the qualifying ground, and the list of agencies to be served. The petition is filed in the court of original venue under CCP Article 55.02 § 2(a).
Under § 55.02 § 2(b), all listed agencies must be served. Typical list: Texas DPS, FBI, arresting agency, county sheriff, prosecuting agency, jail, court clerk, court reporter, magistrate, prosecutor's files. Missed service leaves the record incomplete.
Most expunctions resolve by submission without hearing. Contested cases set for hearing within statutory periods. The court enters findings under § 55.02 § 3.
After the order, verify destruction/return at DPS within 6 months under § 55.02 § 5. Background-check companies under Tex. Bus. & Com. Code § 20.05 must update their records within 60 days of notification.
Collateral consequences
A conviction or even a deferred-adjudication finding can carry consequences beyond the sentence itself. The list below identifies the most common collateral exposures for expunction and non-disclosure matters.
- Employment background-check exposure ends for expunged cases; non-disclosure cases remain visible to specified employers (healthcare, education, transportation, security)
- Federal background checks remain available to federal agencies even after Texas expunction
- Licensing-agency disclosure obligations vary — some boards retain access to non-disclosed records
- Immigration relief is independent of expunction; INA § 101(a)(48)(A) defines "conviction" for immigration purposes and includes some otherwise-expunged dispositions
- Federal firearm-rights restoration is independent of expunction for non-deferred convictions
- Civil cases — expunction protects against use in subsequent civil proceedings under § 55.03
Cited authorities
- Ex parte E.E.H., 869 S.W.2d 496 (Tex. Crim. App. 1994)
- Texas Dept. of Pub. Safety v. M.R.S., 468 S.W.3d 553 (Tex. App.—Dallas 2014)
- Heine v. Texas Dept. of Pub. Safety, 92 S.W.3d 642 (Tex. App.—Austin 2002)
Related practice areas, calculators, and resources
Frequently asked questions
What is the difference between expunction and non-disclosure?
Expunction under CCP Chapter 55 destroys records — agencies must destroy or return files and the petitioner may legally deny the case occurred. Non-disclosure under Gov't Code Chapter 411 seals records from public access but keeps them available to law enforcement and certain agencies. Expunction is the stronger remedy; non-disclosure is more broadly available after deferred adjudication.
Can I expunge a deferred adjudication?
Generally no. Deferred adjudication is not "dismissed after pretrial diversion" within § 55.01(a)(1)(A). Non-disclosure under § 411.0725 is the typical remedy after successful deferred adjudication. Exceptions exist for certain Class C deferrals under § 411.072.
How long do I have to wait after deferred adjudication for non-disclosure?
Under § 411.0725(g): most misdemeanors are eligible immediately on dismissal; certain misdemeanors require a 2-year wait; certain felonies require a 5-year wait; some excluded offenses (family violence, certain sex offenses, certain higher-degree felonies) are categorically ineligible. The chart at the statute drives the analysis.
Can I expunge a conviction?
Only in narrow circumstances. § 55.01(a)(2)(B) reaches certain Class C misdemeanor convictions; § 55.01(c) bars expunction where any conviction or any felony probation arose from the same criminal episode. Most convictions are not expungeable; non-disclosure is also generally unavailable for convictions.
Does expunction reach federal records?
Texas expunction binds state agencies. Federal records — FBI NCIC, IAFIS, immigration databases — are not destroyed by a Texas court order. Federal correction requires separate procedures; some federal agencies will treat the Texas order as authoritative.
What if my employer asks about a non-disclosed case?
Under § 411.082, the petitioner may deny the case occurred to most employers. Exceptions exist for specified industries (healthcare, education, transportation, security) where the non-disclosed record remains accessible. The statute should be reviewed for each industry.
How long does the expunction process take?
Uncontested petitions typically run 90–180 days from filing to order. Contested cases run longer. After the order, DPS has 6 months under § 55.02 § 5 to comply; background-check companies have 60 days under Tex. Bus. & Com. Code § 20.05.
Will the case appear on a Texas DPS criminal history?
After successful expunction, no. After successful non-disclosure, the case is suppressed from the public criminal-history file but available to law enforcement and exempted agencies. Verification by counsel via the DPS Computerized Criminal History (CCH) report is part of standard post-order practice.
Can I expunge an arrest that never resulted in charges?
Yes, in many cases. CCP Article 55.01(a)(2)(A) reaches arrests where no charges were filed and the statute of limitations has expired. The statute-of-limitations analysis under CCP Article 12.01 drives eligibility.
Are juvenile records sealed automatically?
Many are. Family Code § 58.255 creates automatic restriction at age 19 for qualifying non-violent cases — no petition required. Additional sealing under § 58.253 on motion may apply. Violent and § 53.045 determinate-sentence cases are not automatically restricted.
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