A criminal record can follow you for decades, creating barriers to employment, housing, and educational opportunities. Fortunately, Texas law provides two powerful legal remedies—expunction and non-disclosure—that allow eligible individuals to either completely erase or seal their criminal records from public view.
Our Arlington criminal lawyers have helped countless residents obtain fresh starts by successfully clearing or sealing their criminal histories.
Don’t let your criminal record limit your future. Contact our Arlington record-clearing attorneys today at (972) 528-0478 for a free consultation to see if you qualify for expunction or non-disclosure.
What Are Expunction and Non-Disclosure in Texas?
Understanding the difference between expunction and non-disclosure is crucial when determining which option best fits your situation. Both processes offer significant benefits, but they work in fundamentally different ways under Texas law.
Expunction – Clearing Your Criminal Record
Expunction is the complete erasure of your criminal record, as if the arrest or charge never occurred. When a Texas court grants an expunction order, all records related to your case are destroyed or returned to you, including:
- Police arrest records
- Court documents and filings
- Prosecutor files
- Department of Public Safety records
- Jail booking photos and fingerprints
Once expunged, you can legally deny that the arrest or charge ever happened on employment applications, housing forms, and most other situations. The record becomes invisible to standard background checks and public record searches.
For those dealing with DWI-related charges, our firm also specializes in DWI record expunging in Texas, helping clients navigate the specific requirements for alcohol-related offenses.
Non-Disclosure – Sealing Your Criminal Record
Non-disclosure creates a legal barrier that prevents most entities from accessing your criminal record, though the records still exist. Unlike expunction, sealed records remain in government databases but become invisible to:
- Private employers conducting background checks
- Landlords screening rental applications
- Educational institutions reviewing admissions
- Most professional licensing boards
However, certain government agencies, law enforcement, and some professional licenses can still access sealed records. Texas offers two types of non-disclosure orders:
Standard Non-Disclosure: Requires a petition filed with the court and may involve a hearing.
Automatic Non-Disclosure: Becomes effective automatically for certain misdemeanor offenses after completing deferred adjudication and waiting periods.
Why Clearing Your Record Matters
Long-Term Benefits of Expunction or Non-Disclosure
The impact of clearing your criminal record extends far beyond simple peace of mind. Our clients consistently report life-changing improvements in multiple areas:
Employment Opportunities: According to the National Employment Law Project, approximately 65 million Americans have criminal records that can limit employment prospects. Clearing your record opens doors to careers requiring background checks, professional licenses, or security clearances.
Housing Applications: Many landlords automatically reject applicants with criminal histories. A cleared record eliminates this barrier and may reduce security deposit requirements.
Educational Access: Universities and vocational schools often inquire about criminal history during admissions. Some federal financial aid programs restrict eligibility based on certain convictions.
Professional Licensing: Texas requires background checks for numerous professions. A clear record can be essential for career advancement.
Risks of Doing Nothing
Criminal records in Texas are generally public information, accessible through:
- Online court record databases maintained by the Texas Office of Court Administration
- Private background check companies
- Direct courthouse record searches
⚠️ Important Note: Even dismissed charges appear on background checks until formally expunged. Many people incorrectly assume that dismissed cases automatically disappear from their records.
Immigration consequences can also arise from criminal records, even for lawful permanent residents. Clearing eligible records may help avoid complications with citizenship applications or family-based petitions.
Who Qualifies for Expunction in Arlington?
Texas Penal Code Chapter 55 establishes specific eligibility requirements for expunction. You may qualify if:
| Scenario | Waiting Period | Additional Requirements |
|---|---|---|
| Charges Dismissed | None (if acquitted/dismissed) | No conviction on the offense |
| Not Guilty Verdict | None | Complete acquittal |
| No-Bill by Grand Jury | None | Grand jury refused to indict |
| Arrest Without Formal Charges | Varies by offense level | No charges filed within statute of limitations |
| Class C Misdemeanor Conviction | None | Trial conviction only (not guilty plea) |
| Certain Identity Theft Cases | None | Victim of identity theft |
| Juvenile Offenses | Varies | Specific requirements under Family Code |
Important Texas Waiting Periods:
- Felony arrests without charges: 3 years
- Misdemeanor arrests without charges: 1-2 years (depending on offense level)
- Class C trial convictions: Immediately after conviction
Who Qualifies for Non-Disclosure in Arlington?
Non-disclosure eligibility primarily applies to individuals who completed deferred adjudication probation successfully. Under Texas Government Code Chapter 411, you may qualify if:
✅ Qualifying Scenarios:
- Completed deferred adjudication probation
- Paid all fines, fees, and restitution
- Met all probation requirements
- Satisfied applicable waiting periods
- No disqualifying subsequent convictions
❌ Disqualifying Offenses (cannot be sealed):
- Capital murder
- Aggravated kidnapping
- Human trafficking
- Sexual offenses involving minors
- Family violence convictions
- Stalking offenses
Waiting Periods for Non-Disclosure:
- Immediate eligibility: Some misdemeanors (automatic non-disclosure)
- 2 years: Most misdemeanors
- 5 years: Most felonies and specified misdemeanors
The Texas Department of Public Safety maintains detailed eligibility requirements on their official website, which our attorneys reference when evaluating your specific situation.
Arlington Expunction & Non-Disclosure Process: What to Expect
Understanding the local process helps reduce anxiety and ensures proper preparation for your case.
Step-by-Step Process in Tarrant County
Initial Filing (Week 1-2) We file your petition at the Tarrant County District Clerk’s office (401 W Belknap St, 1st Floor). Filing fees vary by case type – please contact the District Clerk for current fee information.
Service of Process (Week 2-4)
All relevant agencies must receive notice, including:
- Tarrant County District Attorney (Phil Sorrells’ office)
- Arlington Police Department (620 W Division St)
- Tarrant County Sheriff (401 W Belknap St)
- Texas Department of Public Safety (Austin headquarters)
Waiting Period (4-12 weeks) Most cases involve a mandatory waiting period where agencies can file objections. We monitor for any opposition and prepare responses if needed.
Court Hearing (If Required)
- Location: Usually assigned to Courts 2, 3, or 4 at Tim Curry Criminal Justice Center
- Duration: Most hearings last 10-15 minutes
- What to Bring: Valid ID and any documentation we provide
- Dress Code: Business casual attire recommended
Order Entry & Distribution Once granted, we ensure certified copies reach all agencies within the required timeframes.
Arlington-Specific Considerations
Local Law Enforcement Agencies Arlington cases often involve multiple agencies requiring separate notifications:
- Arlington Police Department: Primary city law enforcement
- UTA Police: If incident occurred on university campus
- Tarrant County Sheriff: County-level arrests and warrants
- DPS Troopers: Highway arrests on I-20, I-30, or Highway 360
Nearby Resources for Clients
- Tarrant County Law Library: 100 W Weatherford St (free legal research)
- Parking: We recommend the Burnett Plaza garage (424 W 7th St) – closest to courthouse with covered walkway
- Public Transportation: Trinity Metro bus routes 004 and 006 serve downtown Fort Worth courthouse area
Timeline Expectations for Arlington Cases
| Case Type | Average Timeline | Factors Affecting Speed |
|---|---|---|
| Simple Expunction | 8-12 weeks | Single agency, no opposition |
| Complex Expunction | 12-20 weeks | Multiple agencies, requires hearing |
| Standard Non-Disclosure | 6-10 weeks | Routine deferred adjudication cases |
| Contested Non-Disclosure | 16+ weeks | DA opposition or complex eligibility issues |
How Our Arlington Expunction & Non-Disclosure Attorneys Can Help
Practical Client Guidance
Courthouse Navigation Assistance
- Best arrival times: 8:30 AM for 9:00 AM dockets (allows parking and security screening)
- Security requirements: No weapons, minimal electronics, arrive with valid photo ID
- Accessibility: Tim Curry Criminal Justice Center is fully ADA compliant with elevators to all floors
Document Preparation & Management We handle all complex paperwork and ensure compliance with local filing requirements. Tarrant County requires specific formatting for expunction orders, and we maintain relationships with court staff who expedite properly prepared documents.
Communication Throughout Process
- Regular updates via phone or email based on your preference
- Immediate notification of any developments or agency responses
- Clear explanations of each step in language you can understand
Arlington Office Convenience: Our office serves clients throughout Tarrant County, with easy access from major Arlington corridors including I-20, Highway 360, and Cooper Street.
Case Evaluation & Record Review
We begin with a comprehensive case evaluation to determine your eligibility and identify the best strategy. During our free consultation, we:
- Review all relevant court records and charging documents
- Research your complete criminal history across Texas
- Identify potential complications or disqualifying factors
- Provide an honest assessment of your chances for success and outline expected timeline and costs
Expunction and non-disclosure procedures require precise legal filings that comply with Texas statutory requirements. Our team handles every aspect of the process:
Petition Preparation: We draft comprehensive petitions that address all legal requirements and potential objections from prosecutors or law enforcement agencies.
Court Representation: While many non-disclosure petitions are granted without hearings, some cases require court appearances. We represent clients in all proceedings and advocate zealously for record clearing.
Order Enforcement: After obtaining court orders, we ensure all relevant agencies comply with expunction or sealing requirements.
Local Knowledge of Arlington Courts
Our 35+ years of combined experience in Tarrant County courts provides distinct advantages for Arlington residents navigating the expunction and non-disclosure process.
Tarrant County Criminal Courts
- Location: Tim Curry Criminal Justice Center, 401 W Belknap St, Fort Worth, TX 76196
- Parking: We advise clients to arrive early as the downtown courthouse has limited parking. The nearby Burnett Plaza parking garage offers convenient access.
- What to Expect: Most expunction hearings are brief administrative proceedings. We prepare clients for the formal courtroom environment and typical questioning from judges.
Arlington Municipal Court
- Location: 101 S Mesquite St, Arlington, TX 76010 (City Tower building, near Abram Street)
- Parking: Free parking available in the city municipal lot with easy access
- Local Insight: Arlington Municipal Court Judge Pro Tem positions rotate, but we maintain relationships with all regular judicial officers who handle city-level expunctions.
- Parking: Free parking available in the city hall lot with easy access
- Local Insight: Arlington Municipal Court Judge Pro Tem positions rotate, but we maintain relationships with all regular judicial officers who handle city-level expunctions.
Required Forms & Procedures:
- Expunction Petition: Must include specific statutory language under Texas Code of Criminal Procedure Article 55.02
- Order of Expunction: We draft comprehensive orders that cover all relevant agencies, including Arlington PD, UTA Police, and Tarrant County Sheriff
- Service Requirements: Notice must be served on the Tarrant County District Attorney’s Office at 401 W Belknap St, Suite 415
Local Advantages We Provide:
- Established relationships with Tarrant County Criminal Court clerks who process expunction orders
- Knowledge of Tarrant County DA Phil Sorrells’ office policies on record clearing opposition
- Familiarity with Arlington Police Department record custodians and destruction procedures
- Understanding of timing – we know which judges prefer morning dockets vs. afternoon settings
Why Choose Our Firm for Expunction & Non-Disclosure?
Experienced, Local Defense Attorneys
The Law Offices of Richard C. McConathy brings over 35 years of criminal defense experience to every record clearing case. Our attorneys have handled thousands of criminal matters across North Texas, providing unique insights into:
- Prosecutorial practices in Tarrant County
- Judicial preferences for expunction and non-disclosure cases
- Common pitfalls that can delay or derail record clearing attempts
- Strategic approaches that maximize success rates
Proven Record of Success
Our track record includes:
- 300+ dismissed or not guilty criminal cases
- Extensive experience with both expunction and non-disclosure procedures
- High success rate for eligible record clearing cases
Compassionate, Judgment-Free Help
We understand that criminal records often represent difficult periods in our clients’ lives. Our approach emphasizes:
- Confidential consultations in a comfortable office environment
- Clear communication about procedures, timelines, and realistic expectations
- Affordable payment plans to make record clearing accessible
Get a Fresh Start – Contact Our Arlington Expunction Lawyers Today
Whether you’re seeking to completely expunge dismissed charges or seal a conviction through non-disclosure, the Law Offices of Richard C. McConathy has the experience and local knowledge to guide you through the process successfully.
We offer free consultations to evaluate your eligibility and explain your options. During this meeting, we’ll review your circumstances, discuss realistic timelines, and provide an honest assessment of your chances for success.
📞 Call (972) 528-0478 today or contact our Arlington criminal defense lawyers online to schedule your consultation.
Don’t wait—start building your fresh start today.
Common Questions About Expunction & Non-Disclosure in Texas
How long does an expunction take in Texas?
Expunction timelines vary based on case complexity and court schedules:
- Simple cases: 2-4 months
- Complex cases with multiple agencies: 4-6 months
- Cases requiring hearings: 6+ months
Factors affecting timeline include the number of law enforcement agencies involved, prosecutor objections, and court docket availability.
What’s the difference between expunction and non-disclosure?
Expunction completely destroys records—as if the arrest never happened. You can legally deny the incident occurred.
Non-disclosure hides records from most background checks but keeps them in government databases. Certain agencies can still access sealed records.
Can a DWI be sealed or expunged in Arlington?
DWI expunction is possible only in limited circumstances:
- Charges dismissed
- Not guilty verdict
- No-bill by grand jury
DWI non-disclosure became available in 2017 for first-time DWI offenders who complete deferred adjudication, but requires specific conditions including ignition interlock installation.
What offenses can’t be sealed or expunged in Texas?
Cannot be expunged:
- Any conviction (except Class C misdemeanor trial convictions)
- Cases with community supervision or deferred adjudication
Cannot be sealed:
- Family violence offenses
- Sexual crimes involving children
- Certain violent felonies
- Offenses requiring sex offender registration