Expunction & Record Sealing Lawyer in Montgomery County 

In Texas, some people who were arrested or charged with a criminal offense may qualify to have that record expunged permanently destroyed or sealed through a petition for non-disclosure. Eligibility depends on the type of charge, the outcome of the case, and the time that has passed. The Law Office of Timothy Rose assists clients in Conroe and across Montgomery County with expunction petitions and orders of non-disclosure.

What Is Expunction in Texas?

An expunction (sometimes called expungement) is a court order requiring all records of an arrest and related criminal proceedings to be destroyed. Once an expunction is granted, the person is legally entitled to deny the arrest occurred. The records are removed from law enforcement databases, court records, and most background check systems.

Expunction is a more complete remedy than non-disclosure. However, eligibility is more limited.

Who Generally Qualifies for Expunction in Texas

  • Your case was dismissed and you meet the applicable waiting period.

  • You were acquitted (found not guilty) at trial.

  • You were convicted but later received a full pardon.

  • You were charged with a Class C misdemeanor and successfully completed deferred adjudication.

  • The statute of limitations expired and no charges were filed.

  • You were arrested but never formally charged and the applicable waiting period has passed.

Who Does Not Qualify for Expunction

  • You received deferred adjudication for a felony or a non-Class C misdemeanor (non-disclosure may still be available).

  • You were convicted of the offense.

  • Your case was dismissed but stems from a case involving a conviction for a different charge arising from the same criminal episode.

  • You are seeking to expunge a DWI conviction (DWI convictions are generally not eligible for expunction in Texas).

What Is a Petition for Non-Disclosure in Texas?

A petition for non-disclosure also called record sealing is a court order preventing government agencies from disclosing information about a criminal record to the public. Unlike an expunction, the records are not destroyed. Law enforcement and certain agencies retain access. However, the record is removed from most public background check databases. 

Non-disclosure is often available to people who received deferred adjudication and successfully completed the terms of their supervision an outcome that is not available through expunction in most cases.

Who May Qualify for Non-Disclosure

  • You received deferred adjudication and successfully completed all terms.
  • You have not been convicted of certain disqualifying offenses (including most sex offenses, family violence offenses, and certain other serious crimes).
  • The applicable waiting period has passed — the waiting period depends on the charge level.
  • For some misdemeanors, the petition can be filed immediately after discharge from community supervision.
  • For most felonies, a 5-year waiting period after discharge is required.

Non-Disclosure on DWI

Texas law allows non-disclosure in some DWI cases including first-offense DWI cases that resulted in conviction — if specific conditions are met, including no prior DWI-related offenses, no serious bodily injury, and the use of an ignition interlock device during a required period. This is a relatively new provision in Texas law. Eligibility is fact-specific and has waiting period requirements. Speak with an attorney to determine whether your DWI qualifies.

Expunction vs. Non-Disclosure: Which Applies to You?

Expunction

Records are permanently destroyed. You may deny the arrest legally. Available for arrests without conviction, acquittals, and certain deferred adjudications for Class C misdemeanors.

Non-Disclosure

Records are sealed from public view but not destroyed. Law enforcement retains access. Available in many cases where deferred adjudication was completed, including some DWI cases.

Neither

If you were convicted of the offense (other than certain DWI cases meeting the new non-disclosure requirements), your options are more limited. A pardon from the Governor is the primary path to expunction after a conviction.

Not sure which applies?

Eligibility for expunction and non-disclosure depends on the specific charge, the disposition, the court, and the time that has passed. The Law Office of Timothy Rose can review your record and advise you on your options. Call to discuss your situation.

How the Expunction Process Works in Montgomery County 

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Eligibility review

Your attorney reviews your criminal history, the charge, the disposition, and the relevant waiting periods to determine whether you qualify for expunction, non-disclosure, or neither.

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Petition preparation

Your attorney prepares the petition and identifies all agencies that hold records related to the case, including the arresting agency, the court, and any state databases.

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Filing

The petition is filed in the court where the original case was handled. In Montgomery County, this is typically the district court or county court, depending on the charge level.

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 Notice to agencies

All agencies holding records are notified of the petition. Each agency has the right to appear and contest the expunction.

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Hearing

In most cases, if the petition is properly filed and you meet the eligibility requirements, a hearing is scheduled. Uncontested petitions are often granted without a lengthy hearing.

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Order issued

If the court grants the petition, an order is issued directing all named agencies to destroy or seal the records. Compliance can take time as agencies process the order. 

How Long Does an Expunction Take?

The timeline in Montgomery County varies. From filing to a final order, the process typically takes several months. After the order is granted, individual agencies may take additional time to update their records and databases. Your attorney can give you a more specific estimate based on the court's current docket.

How Much Does an Expunction Cost in Montgomery County?

The cost of an expunction includes attorney fees and court filing fees. Filing fees in Texas courts vary. Attorney fees depend on the complexity of the case and the number of agencies named in the petition. Contact the Law Office of Timothy Rose for a consultation to discuss the specifics of your case and what to expect.

Frequently Asked Questions About Expunction and Record Sealing in Montgomery County

  • An expunction permanently destroys arrest records and allows you to legally deny the arrest occurred. Non-disclosure seals records from public view but does not destroy them — law enforcement agencies retain access. Expunction is available in fewer situations, generally where there was no conviction. Non-disclosure is available in many cases where deferred adjudication was successfully completed.

  • Eligibility for expunction generally requires that you were not convicted of the charge — such as an acquittal, a dismissal, or an arrest without charges being filed. Waiting periods apply in most cases. Deferred adjudication for Class C misdemeanors may also qualify. Convictions are generally not eligible for expunction. An attorney can review your specific record and advise you on eligibility.

  • Generally, no. DWI convictions are not eligible for expunction in Texas. However, a first-offense DWI conviction may qualify for non-disclosure under a 2017 Texas law if specific conditions are met, including no prior DWI-related offenses, no serious bodily injury, and the completion of an ignition interlock requirement. Eligibility is fact-specific — contact an attorney to discuss whether your case qualifies.

  • The waiting period depends on the charge level and the disposition. For Class C misdemeanors, the waiting period is 180 days from the arrest date. For Class A and B misdemeanors, it is 1 year. For felonies, it is 3 years. These are the minimums — the waiting period can be longer if charges are pending or if other conditions apply. An attorney can confirm the applicable waiting period for your specific case.

  • Most background check services are required to comply with an expunction order and remove the record. However, some third-party websites are slower to update than others. Non-disclosure removes the record from public government databases, but some private background check companies may have obtained the information before the order and may not update their records immediately. Your attorney can advise on what to expect after the order is granted.

  • You are not legally required to have an attorney, but the petition process involves identifying every agency that holds records, filing in the correct court, and ensuring the petition meets all legal requirements. Errors in the petition can result in denial. An attorney familiar with Montgomery County courts can help ensure the petition is properly prepared and filed.

Find Out If Your Record Qualifies for Expunction or Sealing in Montgomery County 

If you were arrested or charged in Conroe or Montgomery County and want to know whether your record can be cleared or sealed, contact the Law Office of Timothy Rose. Consultations are confidential.

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Request a consultation to discuss whether your record qualifies for expunction or non-disclosure.