An arrest doesn’t have to follow you forever. Depending on how your case actually ended, Texas law may allow you to have the record destroyed entirely or sealed from most background checks — but the rules depend heavily on the specific outcome of your case, and pursuing the wrong type of relief is a common, costly mistake.
Two Different Kinds of Relief
Expunction
An expunction results in the full destruction of an arrest record — legally, it’s treated as though the arrest never happened. It’s generally available when a case was dismissed, resulted in an acquittal, was no-billed by a grand jury, or in certain cases involving completed pretrial diversion. Depending on the offense and whether the statute of limitations has run, a waiting period may apply.
Order of Nondisclosure
A nondisclosure order doesn’t destroy a record, but seals it from most public and private background checks (certain government agencies and licensing boards may still see it). It’s generally available after successfully completing deferred adjudication for many offenses. Waiting periods vary significantly by offense type — some are immediate, others require a period of years, and some offenses, including many family-violence cases, are not eligible at all.
Why It Matters
A visible arrest or case record can affect employment background checks, housing applications, and professional licensing — often long after a case has been resolved in your favor. Clearing or sealing a record is frequently one of the highest-value things a former client can do for their own future.
Frequently Asked Questions
Does an arrest that never led to a conviction show up on background checks?
Often, yes — an arrest record exists independently of the outcome unless it’s affirmatively expunged or sealed.
Can I expunge a conviction?
Generally no. Expunction applies to cases that did not end in a conviction. A conviction typically requires a different, more limited set of options, which should be discussed case by case.
How long does the expunction process take?
It varies by county and court schedule. A case-specific timeline is best given after reviewing the details of your case.
Am I eligible for nondisclosure after deferred adjudication?
It depends on the offense and how much time has passed since the case closed. Call for a case-specific eligibility review.
Ready to clear your record? Call 512-827-7767 for a free eligibility review.