How a Sealed Record Differs From an Expunged Record in Texas

A criminal record in Texas can affect many parts of your life — from job applications to housing to educational opportunities. Thankfully, under Texas law, there are legal ways to reduce or eliminate the impact of certain criminal history. Two of the most common are record sealing and record expungement.

But how a sealed record differs from an expunged record in Texas isn’t always clear. Many people confuse these terms or assume they offer the same protection. In reality, they are very different legal processes with different outcomes.

This article will break it down in plain terms — and show why it’s smart to consult an experienced criminal defense attorney to help guide your next steps.

What Is Expungement?

When your criminal record is expunged, it is legally erased. Under Texas criminal law, an expunction order tells criminal justice agencies, government agencies, and law enforcement agencies to destroy all records related to the arrest or case.

Afterward, the event is treated as though it never happened. You can legally deny it — even when applying for jobs, housing, or licenses. This applies not just to potential employers but also to most background checks run by government agencies or private companies.

However, record expungement is only available in certain situations. You may qualify if:

• You were arrested but never charged
• You were found not guilty or acquitted
• The case was dismissed
• You completed a pretrial diversion program
• You qualify for sealing juvenile records or juvenile expungement

Once your record is expunged, most employers, landlords, and the general public will no longer have any access to it.

What Does It Mean to Have a Sealed Record?

Sealing a criminal record — done through a nondisclosure order — does not erase it. The record still exists, but access to it is restricted. After a record sealing hearing, the court orders that certain parts of your criminal record be hidden from public view.

In other words, sealed records are no longer visible to the general public, employers, or private background check companies. However, criminal justice agencies, certain government agencies, and law enforcement agencies can still access sealed records.

Sealing and expunging are both valuable tools — but they serve different purposes. While expungement wipes the slate clean, record sealing offers privacy and protection without full erasure.

• You may be eligible to seal a criminal record if:
• You completed deferred adjudication successfully
• The offense is not excluded (such as family violence, sex offender registration crimes, violent crimes, or sexual assault)
• You have waited the required amount of time (required waiting period)
• You meet all other eligibility criteria under state laws

Certain felony convictions and serious offenses are ineligible. However, most misdemeanors may qualify, depending on the facts of the case and whether the legal process was successfully completed.

Sealing vs. Expungement: Key Differences

To summarize: how a sealed record differs from an expunged record in Texas comes down to access and legal status.

If your criminal record is expunged, it is erased. You do not have to disclose it to potential employers, housing providers, or even in court. No background checks should reveal it.

If your criminal records are sealed, they are hidden from the public but still exist. Certain government agencies and law enforcement agencies can view them if necessary. You may still need to disclose the record in specific situations, depending on Texas law and the type of job or license you are seeking.

How to Determine Eligibility

It can be difficult to know whether you should pursue expungement or sealing without the advice of an experienced criminal defense lawyer. Each case is different, and eligibility depends on several factors, such as:

• The type of criminal offense
• The outcome of your case
• Whether you stood trial
• Whether you completed community supervision or deferred adjudication
• How long ago the case was resolved
• Whether you meet the eligibility criteria for automatic nondisclosure or must go through a court hearing

An experienced criminal defense attorney can review your case and guide you through the legal process, including filing the correct relevant forms and representing you in court if needed.

Why Legal Representation Matters

Both sealing and expunging records in Texas require detailed knowledge of state laws, court procedures, and documentation. Errors or missed deadlines can delay your case or even result in denial.

Skilled criminal defense lawyers help clients by:

• Evaluating whether you qualify for expungement and sealing
• Advising which option is best: expunction or nondisclosure order
• Preparing and filing all paperwork correctly
• Representing you in court at a record sealing hearing or expunction hearing
• Helping you move forward confidently with job applications, housing, or licensing

Many law offices offer consultations to help you understand your options and your Texas expungement eligibility.

Moving Forward With Confidence

Knowing how a sealed record differs from an expunged record in Texas can help you make informed decisions about your future. Both offer powerful ways to limit the impact of a criminal record and open new opportunities.

If you’re ready to take the next step, reach out to an experienced criminal defense attorney. Whether pursuing record expungement or seeking to have records sealed, the right legal guidance can help you protect your future and rebuild after past criminal charges.

For those in the Houston area, consulting with trusted Houston Expungement Lawyers is a smart first step toward clearing your record and moving forward.