Expunction Lawyer in Conroe and The Woodlands
A case that ended years ago can still cost you a job offer, an apartment, or a professional license. Many people are surprised to learn that a dismissed charge, or even an arrest with no charges at all, keeps showing up on background checks until a judge signs an order. If you are looking for an expunction lawyer in Conroe or The Woodlands, the first question is not whether your record can be cleaned up. It is which tool fits your case, and when you can use it.
At Griffin & Cain, Attorneys at Law, we help clients across Montgomery County clear or seal their criminal records through expunctions and orders of nondisclosure. Senior Attorney Stella A. Stevens spent nine years as a Montgomery County prosecutor, and every case starts with a complimentary consultation.
Expunction or Nondisclosure: Which One Fits Your Case
Texas has two ways to clean up a criminal record. People often call the first one expungement, although Texas law uses the word expunction. An expunction erases the record. An order of nondisclosure seals it from the public. Which one you can use depends on how your case ended:
- Arrested but never charged: expunction, after a waiting period of 180 days for a Class C, one year for a Class A or B misdemeanor, or three years for a felony, unless the prosecutor certifies that the records are no longer needed
- Charge dismissed: expunction, sometimes right away and sometimes after a waiting period, depending on why the case was dismissed
- Acquitted at trial: expunction
- Pardoned: expunction
- Deferred adjudication completed: usually nondisclosure rather than expunction, unless the offense was a Class C
- Convicted: generally no expunction, although some misdemeanor convictions can later be sealed
What Each Order Actually Does
An expunction orders agencies to destroy or return the records of your arrest, and afterward you may generally deny that the arrest happened. An order of nondisclosure keeps the record from the public, and you generally do not have to disclose the offense on job or licensing applications. Sealed records do remain visible to law enforcement and to a list of agencies and employers set by law, including licensing boards, schools, hospitals, and banks.
That difference often decides the right path. A nurse, teacher, or bank employee may still have to answer questions from a licensing agency after a nondisclosure order, while an expunction removes the record from those agencies too.
Why a Dismissed Case Still Shows Up
When a case is dismissed, the file does not disappear. The arrest stays in state criminal history records, the case stays on the county's public court dockets, and private background check companies keep the copies they have already collected. The state even makes deferred adjudication records available to the public. Only a court order changes that.
After an expunction or nondisclosure order is signed, notices go out to the agencies holding your records, and background check companies must delete sealed or expunged information once they are notified or face liability for damages. That is why a careful petition names every agency and company that may hold your records. Background check companies generally cannot report an arrest that did not lead to a conviction once it is more than seven years old, but that limit does not apply to jobs paying $75,000 or more a year, and convictions can be reported no matter how old. An old case can still surface when the stakes are highest.
If a background check has already cost you an opportunity, send us a message through the form on this page.
The Expunction Process in Montgomery County
- Records review. We gather your state criminal history, the court file, and the arrest records to confirm eligibility and identify every agency involved.
- Petition. We prepare a sworn petition listing each agency and private company that may hold your records. The Montgomery County District Clerk publishes a list of more than 30 agencies, from local police and constables to DPS and the FBI, that accept expunction notices by email.
- Filing. Most expunctions are filed in district court through the District Clerk in Conroe, although fine-only offenses can also be handled in a justice or municipal court. Nondisclosure petitions go to the court that handled your case.
- Hearing. The hearing cannot take place sooner than 30 days after filing.
- Order and notice. Once the order becomes final, the clerk notifies the agencies, which must return or destroy the records.
Costs include the county's civil filing fee and notice fees for agencies that cannot receive notice electronically. We explain every cost before you commit to anything.
To get started, bring whatever you have: the arrest date, the arresting agency, a case number, and any court paperwork. If you have none of it, we can usually find it.
Who Is Not Eligible
Some records cannot be cleared, and knowing that early saves time and money:
- A final conviction generally cannot be expunged, although some misdemeanor convictions can be sealed.
- Court-ordered probation, including deferred adjudication, rules out expunction unless the offense was a Class C.
- Family violence cases can never be sealed with an order of nondisclosure.
- Stalking, protective order violations, and offenses requiring sex offender registration are also barred from sealing.
- A new conviction or deferred adjudication, other than for a fine-only traffic offense, while on probation or during the waiting period ends eligibility for sealing.
DWI Records: What Can and Cannot Be Cleared
A DWI can be expunged only if you were never charged, the case was dismissed on qualifying grounds, you were acquitted, or you were pardoned. If you have no other record beyond fine-only traffic tickets, a first DWI that ended in deferred adjudication, probation, or a conviction may be sealed after a waiting period of two to five years, depending on the outcome and whether you used an ignition interlock. A blood alcohol level of 0.15 or higher, or a crash involving another person, rules out sealing. Our page on DWI deferred adjudication explains how those options work.
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Find out whether you qualify for an expunction or an order of nondisclosure. Your first consultation is complimentary. Send us a message using the form below.
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Common Myths About Clearing a Record
- "It drops off after seven years." Criminal records do not expire. Some background reports stop listing old cases, but the record itself stays until a court orders otherwise.
- "Deferred adjudication means a clean record." The case is dismissed, but the record stays public until it is sealed.
- "Dismissed means erased." A dismissal still shows up until an expunction order is signed.
- "Sealed means deleted." A nondisclosure order hides the record from the public, but many agencies can still see it.
- "Any conviction can be expunged." Most convictions cannot, which is why the outcome of a pending case matters so much.
If Your Case Is Still Pending, Protect Your Record Now
The right time to plan for a clean record is before your case is resolved. Completing pretrial diversion leads to a dismissal that can be expunged. Deferred adjudication can lead to sealing but not expunction, and deferred adjudication in a family violence case can never be sealed. A judge can even make a finding at the plea that blocks automatic sealing later. In Montgomery County, prosecutors describe diversion as an extraordinary remedy that is rarely approved, so the request needs to be strong and it needs to come early.
If you have an open case, our criminal defense team can build your defense with your future record in mind, whether the charge involves a DWI, drugs, theft, or domestic violence.
Frequently Asked Questions About Expunctions
What is the difference between expunction and nondisclosure?
An expunction destroys the records and lets you deny the arrest. An order of nondisclosure seals the records from the public, but law enforcement and certain agencies and employers can still see them.
Can a dismissed charge be expunged in Texas?
Usually, yes. Some dismissals qualify right away, such as those that follow completed pretrial diversion. Others require waiting until the deadline to file charges has passed, or a recommendation from the prosecutor.
How long do I have to wait to expunge an arrest with no charges?
The wait is 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony, measured from the arrest. It can be shorter if the prosecutor certifies that the records are no longer needed.
Can deferred adjudication be expunged?
Only for Class C offenses. For other offenses, deferred adjudication may qualify for an order of nondisclosure, either automatically for some first-time misdemeanors or by petition, right away for many misdemeanors and after two or five years for others.
Can a felony be expunged in Texas?
Yes, if you were never charged and three years have passed, if the case was dismissed on qualifying grounds, or if you were acquitted or pardoned. A felony that ended in deferred adjudication may be sealed instead after five years, unless the offense is on the list that can never be sealed.
How long does an expunction take in Montgomery County?
Texas law requires at least 30 days between filing and the hearing. The total time depends on the court's schedule and on gathering records from every agency, and we will give you a realistic estimate at the start.
Will background check companies still show my record?
After an order is signed, notices go to the agencies and companies that buy criminal history data, and background check companies must delete sealed or expunged information once notified. Listing them correctly in the petition is part of doing the job right.
Talk to a Conroe Expunction Lawyer Today
An old arrest should not keep closing doors. If your case was dismissed, ended in an acquittal, or never led to charges at all, you may be able to clear it completely. If you completed deferred adjudication, sealing may be within reach. Griffin & Cain, Attorneys at Law, helps clients in Conroe, The Woodlands, and throughout Montgomery, Harris, Walker, and Grimes Counties clear and seal their records.
Contact our Conroe office for a complimentary consultation. We will review your record, confirm what you qualify for, and tell you when you can file.
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Contact Our Office
Today
We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
Phone:
936-539-1011
Address:
400 W. Davis St., Suite 200. Conroe, TX. 77301