A criminal record can follow you for years, affecting your ability to secure employment, find housing, or obtain professional licenses. At the Law Offices of Richard C. McConathy, our Fort Worth expunction attorneys understand how past mistakes can impact your future.
We help clients throughout Tarrant County clear their criminal records through expunction and non-disclosure orders. Backed by decades of experience as a criminal defense lawyer in Fort Worth, we know exactly which cases qualify for record clearing and how to navigate the complex legal process.
Don’t let your past define your future. Call (972) 528-0478 today to schedule a consultation with our experienced Fort Worth record-sealing attorneys.
Understanding Expunction and Non-Disclosure in Texas
Texas law provides two primary methods for clearing your criminal record: expunction and non-disclosure orders. While both can help you move past previous charges, they work differently and have distinct eligibility requirements.
What is Expunction in Texas?
Expunction is the complete removal of your criminal record from all government databases and files. When a record is expunged, it’s as if the arrest and charges never occurred. All agencies that have records of the case—including police departments, courts, and the Texas Department of Public Safety—must destroy their files.
Under Texas Code of Criminal Procedure Chapter 55, expunction provides the most comprehensive form of record clearing. Once expunged, you can legally deny that the arrest or charges ever happened, even under oath.
What is a Non-Disclosure Order?
A non-disclosure order seals your criminal record from public view but doesn’t completely destroy it. Law enforcement agencies and certain government entities can still access sealed records, but employers, landlords, and the general public cannot see them during background checks.
Non-disclosure is governed by Texas Government Code Chapter 411 and is available for cases that don’t qualify for full expunction. It’s often used for deferred adjudication cases where charges were ultimately dismissed.
Key Differences Between Expunction and Non-Disclosure
| Aspect | Expunction | Non-Disclosure |
|---|---|---|
| Record Destruction | Complete removal from all databases | Records sealed from public view |
| Government Access | No access by any agency | Limited government access remains |
| Legal Response | Can deny arrest ever occurred | Must acknowledge if asked by law enforcement |
| Eligibility | More restrictive requirements | Broader eligibility criteria |
| Processing Time | 60-180 days typically | 30-90 days typically |
Am I Eligible to Clear My Record in Texas?
Determining eligibility is the first step in clearing your criminal record. Our Fort Worth expunction lawyers carefully review each case to identify the best path forward.
Who Qualifies for Expunction?
You may qualify for expunction if:
- Charges were dismissed without a conviction or deferred adjudication
- You were acquitted at trial (found not guilty)
- You were pardoned by the Governor of Texas
- No charges were filed and the statute of limitations has expired
- You were a victim of identity theft and someone else was arrested using your information
⚠️ Important: You cannot have been placed on deferred adjudication and still qualify for expunction. Even if deferred adjudication was successfully completed, expunction is not available.
Who Qualifies for a Non-Disclosure Order?
Non-disclosure may be available if:
- You successfully completed deferred adjudication probation
- At least two years have passed since discharge from probation (varies by offense)
- You have not been convicted of any other criminal offenses during the waiting period
- The offense is not specifically excluded by Texas law
Some violent crimes, sexual offenses, and certain family violence cases are not eligible for non-disclosure orders.
Can DWI Be Expunged or Sealed in Fort Worth?
DWI cases have special considerations under Texas law. Generally:
- DWI convictions cannot be expunged or sealed
- Dismissed DWI charges may qualify for expunction
- DWI deferred adjudication (rare but possible) may qualify for non-disclosure after specific waiting periods
- First-time DWI with special circumstances might have limited sealing options
Our Fort Worth criminal defense lawyer team has handled numerous DWI record cases and can evaluate your specific situation.
Additional reasources: https://mcconathylaw.com/dwi-process/dwi-record-expunging/
Benefits of Clearing Your Criminal Record
Clearing your record opens doors that may have been closed due to past charges.
Employment and Housing Opportunities
Most employers conduct background checks before making hiring decisions. According to the Society for Human Resource Management, 69% of organizations conduct background screenings on all job candidates.
A cleared record means:
- No criminal history appears on standard background checks
- Increased job opportunities in fields requiring clean records
- Professional licensing eligibility for careers in healthcare, finance, and education
Housing applications become easier when landlords can’t see past charges, as many property management companies automatically reject applicants with criminal records.
Restoration of Rights and Peace of Mind
Beyond practical benefits, clearing your record provides:
- Restoration of civil rights that may have been affected
- Enhanced community standing and social opportunities
- Emotional relief knowing your past won’t surface unexpectedly
How Our Fort Worth Expunction & Non-Disclosure Attorneys Can Help
The record-clearing process requires precise legal knowledge and attention to detail. Our experienced Fort Worth attorneys handle every aspect of your case.
Evaluating Your Eligibility
We conduct a thorough review including:
- Complete background check to identify all records from Tarrant County databases
- Analysis of court documents from the Tim Curry Criminal Justice Center records
- Review of waiting periods under Texas statutes and eligibility requirements
- Assessment of potential complications specific to Fort Worth courts
Local Court Knowledge: Expunction hearings in Tarrant County typically occur in County Criminal Courts 1-10 (floors 5-8 at Tim Curry Criminal Justice Center, 401 W. Belknap Street). We’re familiar with each judge’s preferences and procedural requirements.
Preparing and Filing Petitions
Proper preparation is critical for successful record clearing. We handle:
- Drafting comprehensive petitions with supporting documentation specific to Tarrant County requirements
- Gathering required certificates from Texas Department of Public Safety and local court records
- Filing with appropriate courts in the Tim Curry Criminal Justice Center (401 W. Belknap Street)
- Serving notice to required government agencies including Fort Worth Police Department and Tarrant County District Attorney’s Office
📋 Required Documentation for Fort Worth Cases:
- Certified copies of court records from County Criminal Courts
- Fingerprint cards processed through DPS
- Sworn affidavits regarding case disposition
- Service documentation to all relevant law enforcement agencies
🔍 Attention to Detail: Minor errors in petitions can result in delays or denials. Our experience with Fort Worth court clerks ensures your paperwork is completed correctly the first time.
Court Filing Process: Most expunction petitions are filed in the County Criminal Court where your original case was heard. We handle electronic filing through the Tarrant County e-filing system and coordinate with court staff for scheduling.
Representing You in Hearings (If Required)
Not all expunction cases require court hearings, but when they do, preparation is essential. Fort Worth expunction hearings typically occur at:
📍 Tim Curry Criminal Justice Center
401 W. Belknap Street, Fort Worth, TX 76196
Floors 5-8: County Criminal Courts 1-10
Security Check: Arrive 20-30 minutes early for courthouse security screening
🅿️ Parking Information:
- No free parking available at Tim Curry Criminal Justice Center
- SpotHero app for guaranteed parking reservations ($8-12 daily)
- LaGrave Field (301 N.E. 6th Street) offers free parking for jurors with shuttle service
- Street meters fill quickly – bring quarters and expect 2-hour limits
⏰ Hearing Schedule: Most expunction hearings occur 8:30 AM – 11:00 AM on Mondays and Fridays, depending on court calendar.
During hearings, we:
- Present evidence supporting your eligibility under Texas law
- Address any objections from the Tarrant County District Attorney’s Office
- Argue legal points if disputes arise regarding eligibility
- Protect your interests throughout the process
What to Expect:
Expunction hearings are typically brief (10-15 minutes) unless the state objects. Judge preferences vary – some prefer detailed written submissions while others focus on oral argument. Our knowledge of individual judges helps us prepare accordingly.
Contact our Fort Worth expunction attorneys to start your case today. Call (972) 528-0478 for a confidential consultation.
Why Choose Our Criminal Record Clearing Attorneys?
Choosing the right attorney makes a significant difference in the success and speed of your record-clearing case.
Local Fort Worth Experience
Our team has handled hundreds of expunction and non-disclosure cases in Tarrant County, understanding:
- Local court procedures and clerk preferences at Tim Curry Criminal Justice Center
- Prosecutor tendencies and common objections from the Tarrant County DA’s Office
- Judge expectations for successful petitions in County Criminal Courts 1-10
- Agency processes for record destruction, including coordination with Fort Worth Police Department, Tarrant County Sheriff’s Office, and Texas DPS
📋 Fort Worth Case Processing Timeline:
- Filing to hearing: 30-60 days (if hearing required)
- Order entry: 1-2 weeks after approval
- Record destruction: 60-90 days after order becomes final
- DPS clearance: Additional 30 days for state-level record removal
Booking Process Context: If you were arrested in Fort Worth, you likely went through:
- Fort Worth Police Department initial processing
- Tarrant County Corrections Center (100 N. Lamar Street) for booking
- Bond information available 24/7 by calling (817) 884-3000
- Magistration via video conference for bond setting
Understanding where your records exist helps us ensure complete clearing. Local jails that may have records include:
- Main Tarrant County Jail (100 N. Lamar)
- Lon Evans Corrections Center (600 W. Weatherford)
- Green Bay Facility (2500 Urban Drive)
Personalized Legal Strategies
Every case is unique, and we develop customized approaches based on:
- Your specific charges and case history
- Employment or licensing goals
- Timeline requirements and priorities
- Potential complications or challenges
Proven Experience in Record Clearing
Our experience spans various types of cases across different industries and circumstances:
- Healthcare professionals seeking professional licensing clearance
- Teachers requiring background checks for employment
- Business owners improving company credibility and reputation
- Individuals pursuing career advancement opportunities
The Law Offices of Richard C. McConathy has extensive criminal defense experience, giving us comprehensive knowledge of how charges progress and which cases qualify for clearing. Our criminal defense background helps us identify opportunities that may be available in your case.
📊 Local Experience: We maintain extensive experience handling expunction and non-disclosure cases in Fort Worth courts, working with clients from diverse backgrounds including healthcare professionals, teachers, and business owners seeking to clear their records for licensing and employment opportunities.
Frequently Asked Questions (FAQ)
How do I know if I qualify for expunction in Texas?
Qualification depends on your case outcome and waiting periods. Generally, dismissed charges, acquittals, and cases where no charges were filed may qualify. We provide free consultations to evaluate your eligibility.
Is expunction the same as sealing a record?
No. Expunction completely destroys records, while sealing (non-disclosure) hides them from public view but maintains limited government access. Expunction is more comprehensive but has stricter requirements.
Can I expunge a DWI in Texas?
DWI convictions cannot be expunged. However, dismissed DWI charges may qualify for expunction, and some deferred adjudication DWI cases might qualify for non-disclosure after waiting periods.
How long does the expunction process take in Fort Worth?
Most expunction cases take 60-180 days from filing to completion, depending on court schedules at Tim Curry Criminal Justice Center and case complexity. Factors affecting timeline:
- Court calendar availability in County Criminal Courts 1-10
- DA office review time (typically 30-45 days)
- Required waiting periods under Texas law
- Agency notification and response times
Non-disclosure orders typically process faster, usually within 30-90 days, since they don’t require the same level of agency coordination.
What’s the difference between expunction and non-disclosure?
The main difference is completeness. Expunction destroys all records as if the arrest never happened, while non-disclosure seals records from public view but maintains limited government access.
Take control of your future by clearing your criminal record. Don’t let past charges continue limiting your opportunities when legal options may be available.
The Law Offices of Richard C. McConathy offers:
✅ Free initial consultations to evaluate your case
✅ Experienced Fort Worth representation in Tarrant County courts
✅ Comprehensive case handling from evaluation to completion
Ready to explore your options? Contact our Fort Worth expunction attorneys today
📞 Call: (972) 528-0478
📧 Email: Contact us online
🏢 Office: Serving Fort Worth and all of Tarrant County
🚗 Visiting Our Office: Our Fort Worth location is easily accessible from major highways including I-35W, I-30, and Loop 820. We’re located near downtown Fort Worth, close to the Historic Tarrant County Courthouse (100 W. Weatherford Street) and Sundance Square entertainment district.
Nearby Landmarks:
- Fort Worth Convention Center
- Bass Performance Hall
- Kimbell Art Museum
- Fort Worth Stockyards (historic district)
🅿️ Client Parking: Free parking is available at our office location – no need to worry about downtown parking meters or fees like you’d encounter at the courthouse.
Don’t wait—start your fresh start today. The sooner you begin the process, the sooner you can move forward without the burden of past charges affecting your future opportunities.