A dismissal ends the case. It does not end the record. Until you file for an expunction or nondisclosure, the arrest is visible to every employer, landlord, and licensing board that runs a background check. Brian Foley explains the two tools in this video.
Expunction — the record is destroyed
Under Code of Criminal Procedure Chapter 55, an expunction orders DPS, the county, the court, and every agency that holds the record to destroy it. Once granted, you may lawfully deny that the arrest occurred. You are eligible if the case ended in an acquittal, a dismissal (after any applicable waiting period), a no-bill by the grand jury, a pardon, or completion of certain pretrial diversion programs. Class C deferred adjudications are also expungeable. Most convictions and most deferred adjudications are not.
Nondisclosure — the record is sealed
Under Government Code Chapter 411, an order of nondisclosure seals the record from public view. Private employers, landlords, and most background-check companies cannot see it, and you may deny it on most applications. Law enforcement, prosecutors, courts, and a list of licensing agencies (nursing, teaching, law, and others) still can. Nondisclosure is available after successful completion of deferred adjudication for many offenses, after certain misdemeanor convictions, and — since 2017 — after a first DWI conviction that meets specific conditions. Waiting periods range from immediate to five years depending on the offense; family-violence offenses and most sex offenses are excluded.
The process in Harris County
Your lawyer confirms eligibility, drafts and files the petition in the district court (expunction) or the court of conviction (nondisclosure), serves the agencies, and attends the hearing. Uncontested petitions are routinely granted. The order then goes to each agency, which has a set period to comply.
Why it matters
A sealed or destroyed record is the difference between disclosing an arrest on every job application for the rest of your life and never mentioning it again. Brian Foley and Luis Baez handle expunctions and nondisclosures for cases they resolved and for cases handled by other lawyers. Call or text (713) 703-1718 to find out whether you qualify.