Montgomery County Expunctions and Nondisclosures Law 

One bad night or one mistaken arrest should not control the rest of your life. Yet in Texas, even a dismissed charge can show up on a background check years later and quietly cost you jobs, housing, and opportunities you deserve. 

Expunctions and Orders of Nondisclosure are the tools that Texas gives you to fight back. Used correctly, they can erase or seal many criminal records and give you a real second chance. 

Andrea M. Kolski, and the team at NonstopJustice PLLC, has more than 25 years of criminal law experience in Montgomery County and across Southeast Texas. As a former felony prosecutor and a veteran defense lawyer, she knows how records are created, who sees them, and how to remove or seal them whenever Texas law allows. Her practice is built on one principle: nonstop, strategic advocacy to protect your future. 

This page explains in plain language what Expunctions and Nondisclosures are, who may qualify under Texas law, why they matter for your life, and why hiring Andrea Kolski and her team is the most effective and least stressful way to pursue this relief. 

What Is an Expunction in Texas 

An Expunction is the strongest form of record clearing available under Texas law. If you qualify and a court grants an Expunction, it can require many government agencies to destroy or return all records related to a particular arrest or case. 

Expunctions are governed by Chapter 55 of the Texas Code of Criminal Procedure, including sections 55.01 through 55.06. These statutes spell out who can seek Expunction, the process for filing, and exactly what happens once the order is granted. 

In simple terms, an Expunction can remove the record of: 

• Certain arrests that did not lead to a conviction 
• Certain cases that were dismissed 
• Cases where you were found not guilty 
• Some convictions that were later pardoned or reversed 

Once a proper Expunction order is in place and the agencies comply, the law usually allows you to legally deny that the arrest or case ever happened in most situations. That means job applications, rental applications, and many other forms can be answered as if the incident did not exist, subject to narrow exceptions. 

The power of an Expunction comes from its finality. Done correctly, it cleans out the record rather than just hiding it. 

What Is an Order of Nondisclosure 

An Order of Nondisclosure is different from an Expunction. Instead of destroying the record, it seals it from most public view. Think of it as placing a heavy curtain over your record rather than shredding it. 

Nondisclosures are governed by Texas Government Code Chapter 411, Subchapter E 1. Important sections include: 

• Section 411.071 and 411.0711 for certain deferred adjudication cases 
• Section 411.072 and 411.0725 for specific misdemeanors and circumstances 
• Section 411.073 and 411.0731 for some DWI and driving related offenses 
• Section 411.0815 for general rules and effects of an Order of Nondisclosure 

When a court grants an Order of Nondisclosure: 

• The Texas Department of Public Safety must limit who can see the record 
• Most private background check companies and many members of the public are blocked from accessing it 
• Many employers and landlords will no longer see the incident on a standard background check 

Certain government agencies, licensing boards, and law enforcement can still see the sealed record. However, for most situations in daily life, the record is hidden and you may generally deny its existence when asked, with some exceptions for sensitive occupations. 

Nondisclosures are especially important for people who received deferred adjudication and successfully completed it, because many of those cases are not eligible for Expunction but may be sealable. 

Why Get An Expunction or Nondisclosure?  

If you never seek an Expunction or Nondisclosure, your old arrest or case will almost always stay on your record. It can appear in commercial databases and on government background checks for decades. The consequences often show up at the worst possible times. 

Common problems include: 

• Job offers revoked or promotions denied after a routine background check 
• Apartment applications turned down because of any criminal history, even old or dismissed charges 
• Difficulty obtaining or renewing professional licenses for nurses, teachers, real estate agents, and many other fields 
• Obstacles with college admissions, financial aid, and scholarships 
• Trouble serving as a volunteer, coach, or mentor when organizations run background checks 
• Damage in family law situations, such as custody or visitation disputes, where the other side raises your criminal history 

Many people are surprised to learn that dismissed cases and not guilty verdicts still appear in databases. The law does not automatically clear your record. You have to affirmatively request relief. Expunctions and Nondisclosures are how you do that. 

Who Qualifies for an Expunction in Texas 

Eligibility for Expunction is laid out primarily in Article 55.01 of the Texas Code of Criminal Procedure, with procedures in the remaining sections of Chapter 55. While every case is fact specific, there are several common paths to Expunction. 

You may qualify for an Expunction if: 

1. You were arrested but never charged, and the waiting period or statute of limitations has passed. 

2. You were charged, but the case was dismissed and you did not receive a disqualifying form of community supervision. 

3. You went to trial and were acquitted by a judge or jury. 

4. You were convicted but later pardoned or found actually innocent. 

5. You were arrested because someone stole or used your identity and that person was later convicted. 

Even in these situations, there are traps. For example, regular probation after a conviction typically makes you ineligible, even though some related records might still be removable under strict conditions. Multiple charges arising out of the same incident, plea bargain structures, and prior or later cases can all affect eligibility. 

Texas Expunction law also involves waiting periods that depend on the level of the charge. For some misdemeanors, you may not have to wait as long as you would for a felony. Understanding when you can file and which cases you can include together is a technical task that benefits from experienced legal guidance. 

Who Qualifies for an Order of Nondisclosure 

Texas Government Code Chapter 411, Subchapter E 1 sets out several different routes to an Order of Nondisclosure, depending on: 

• The offense 
• The way the case was resolved 
• The date of the offense and disposition 
• Your criminal history 

In general, you may be eligible for a Nondisclosure if: 

• You successfully completed deferred adjudication for an offense that is not excluded by statute, you received a discharge and dismissal, and you meet the waiting period and clean record requirements. 
• You meet the specific conditions for Nondisclosure after a conviction for certain misdemeanors or for some DWI related offenses, including any required ignition interlock use and waiting periods. 
• You have not been convicted or placed on deferred adjudication for another disqualifying offense during the relevant time periods. 

Some offenses can never be sealed, including many violent crimes, certain sex offenses, offenses involving family violence, and others specifically listed in the statutes. Even for eligible offenses, the rules have changed over the years. The law that applies to your case may depend on when your offense occurred and when it was resolved. 

Because there are several overlapping sections, such as 411.071, 411.0711, 411.072, 411.0725, 411.073, 411.0731, and 411.0815, it is critical to match your facts with the correct statute. This is exactly the sort of legal puzzle that a seasoned criminal defense attorney like Andrea Kolski handles every day. 

Get It Done Right With The Right Lawyer  

Many people assume they can download a form and handle an Expunction or Nondisclosure on their own. Unfortunately, these are not routine, fill in the blank matters. 

A successful record clearing case requires: 

• Careful legal analysis of eligibility under multiple statutes 
• Accurate identification of every agency and court that holds your record 
• Precise drafting of petitions and proposed orders 
• Filing in the correct court with proper service on all parties 
• The ability to respond if a prosecutor or agency objects 
• Effective advocacy at a hearing if the judge has questions or concerns 

If your petition is denied because it was filed too early, under the wrong statute, or with incomplete information, you may lose time, money, and in some cases the opportunity to ever try again. You want to do this right the first time. 

It’s Simple: We File, You Relax  

Andrea M. Kolski has devoted more than 25 years to criminal law and her approach to Expunctions and Nondisclosures is thorough and tailored. She and her team at NonstopJustice PLLC will: 

• Review your entire criminal history and all relevant court documents 

• Identify every path to relief under Chapter 55 of the Texas Code of Criminal Procedure and Chapter 411 of the Texas Government Code 

• Explain your options clearly in plain language, including what you can and cannot remove or seal 

• Prepare and file carefully drafted petitions designed to comply with all statutory requirements 

• Communicate with prosecutors and agencies on your behalf 

• Appear in court to advocate for you and address any legal issues that arise 

Get Started Today! 

Ready to get that embarrassing legal issue off your record and start fresh?  Andrea Kolski and the team at Nonstopjustice are ready to help.  One call is all it takes and you could have the privacy and peace of mind you deserve.  Don’t let your past cloud your future-  contact us today.