Expunction and Nondisclosure

Expunction and Nondisclosure Attorney Serving Denton and Collin County

An arrest record can follow you long after a case is over, even if the charge was dismissed or you were found not guilty. It can show up on background checks for jobs, apartments, and professional licenses. Texas offers two main ways to clear or hide a criminal record: expunction, which erases the record, and an order of nondisclosure, which seals it from most public view. Which one you qualify for depends on how your case ended.

The Law Office of Al Rowland, PLLC, has represented people accused of crimes in Collin and Denton County since 2015. Attorney Al Rowland is a former police officer and prosecutor, and he can review your record, tell you what you qualify for, and handle the petition from start to finish. Call (469) 895-6555 for a free, confidential consultation.

Why Clearing Your Record Matters

Many people assume a dismissed charge disappears on its own. It doesn’t. The arrest stays in police, court, and state databases, and private background check companies often keep copies. Unless you take legal action, an old arrest can keep costing you opportunities years later.

A lawyer can help by:

  • Reviewing your criminal history to see what can be cleared and when
  • Determining whether you qualify for an expunction, a nondisclosure, or neither
  • Preparing and filing the petition in the right court
  • Making sure every agency that holds your records is included in the order
  • Representing you at any hearing and responding if the State objects

Expunction vs. Nondisclosure in Texas

The two remedies work differently and apply to different situations:

  • Expunction: The records are destroyed or returned, and in most situations you can legally deny the arrest happened. Expunction is generally available when a case did not end in a conviction or deferred adjudication.
  • Order of nondisclosure: The records still exist, but they are sealed from the public and most private employers. Law enforcement and certain licensing agencies can still see them. Nondisclosure is often available after completing deferred adjudication, and for some first-time misdemeanor convictions.

Who Qualifies?

Eligibility rules are detailed, and waiting periods often apply. In general, you may be eligible for an expunction if:

  • You were acquitted at trial
  • The charge was dismissed, and the required waiting period has passed or the prosecutor agrees
  • A grand jury declined to indict you
  • You completed a pretrial diversion program and the case was dismissed
  • You completed deferred disposition for a Class C misdemeanor
  • You were pardoned or found actually innocent

You may be eligible for an order of nondisclosure if you successfully completed deferred adjudication, or in some cases after certain misdemeanor convictions, including some first-time DWIs. Waiting periods depend on the offense. Some offenses can never be sealed, including offenses involving family violence, offenses that require sex offender registration, and certain violent crimes. A new arrest during a waiting period can also affect eligibility.

What to Expect in the Process

Clearing a record is a court process. Most cases follow these steps:

  • Record review: We gather your court records and criminal history to confirm eligibility.
  • Petition: We prepare and file a petition in the proper court, listing the agencies that have your records.
  • Notice and response: The prosecutor and the agencies are notified and can object.
  • Hearing or agreed order: Many petitions are resolved by agreement; others require a hearing.
  • Order and compliance: Once signed, the order is sent to the agencies, which must destroy or seal the records.

Contact a Frisco Expunction Lawyer Today

If an old arrest or case is holding you back, find out whether you can clear it. Contact the Law Office of Al Rowland, PLLC, at (469) 895-6555 or online for a free consultation. We handle expunctions and nondisclosures throughout Collin County and Denton County.