Learn how to expunge or seal a criminal record in Texas. Understand who qualifies for expunction versus nondisclosure, how long the process takes, what it costs, and how to file your petition in any of Texas's 254 county courts.
Texas offers two legal tools for clearing a criminal record. Which one applies to you depends on how your case was resolved.
An expunction permanently destroys all records of an arrest, charge, and prosecution across every government agency. After a successful expunction under Texas Code of Criminal Procedure Chapter 55, you can legally deny the arrest ever happened on job applications, housing applications, and in most legal proceedings. This is the strongest form of relief available in Texas.
A nondisclosure order prohibits Texas government agencies from disclosing your record to the public but does not destroy the records. Law enforcement, prosecutors, courts, and certain licensing boards can still access sealed records. Private background check companies are also exempt from nondisclosure orders, though many voluntarily comply.
Murder, capital murder, aggravated kidnapping, sexual assault, indecency with a child, family violence offenses, stalking, and certain other violent and sexual offenses are permanently ineligible for nondisclosure in Texas.
Expunction petitions are filed in the district court of the county where the arrest occurred. Here is the step-by-step process.
Review your case disposition carefully. You are eligible for expunction only if your case ended in dismissal, acquittal, no charges filed (after the statute of limitations ran), or a pardon. Deferred adjudication completion does not qualify for expunction in most cases. Pull your case records from the county district clerk before proceeding.
The petition must be filed in the district court of the county where you were arrested. It must include your full legal name, date of birth, driver's license number, Social Security Number (last four digits), the offense charged, arrest date, case number, and the names and addresses of every agency that may have records. Missing agencies can cause incomplete expunction, so thoroughness is critical.
File the petition with the district clerk and pay the filing fee (typically $100 to $400 depending on the county). You must then formally serve every agency listed in the petition. This includes the arresting agency, prosecutor's office, Texas DPS, courts, and any other agency with records. Proper service is required for the expunction to be binding on each agency.
The court schedules a hearing typically 30 to 60 days after filing. The judge reviews the petition and, if no objections are raised and eligibility is confirmed, grants the order of expunction. If an agency objects, the judge hears arguments before ruling. Having an attorney present at this hearing is strongly recommended.
Once the order is granted, every agency named in the order has 6 months to destroy its records. The Texas DPS Crime Records Division updates its database to reflect the expunction. After 6 months, you can legally respond "no" to questions about the arrest on most applications. Private background check companies should also be notified with a copy of the order.
For cases where charges were dismissed, Texas requires a waiting period before you can file for expunction. The waiting period equals the statute of limitations for the offense:
In some Texas counties, the prosecutor can agree to waive the waiting period if you qualify for expunction and they have no objection to the petition. This is more common in counties with established expunction procedures and cooperative district attorney offices.
Filing fees vary significantly by county. Harris County, Dallas County, and other major counties may have additional administrative fees. Legal aid organizations in some Texas cities offer free or reduced-cost expunction assistance for those who meet income requirements.
Texas RioGrande Legal Aid (trla.org), Lone Star Legal Aid (lonestarlegal.org), and many local bar associations offer free expunction clinics and consultations for qualifying individuals. Contact the State Bar of Texas at (800) 204-2222 for a referral.
A successful Texas expunction has sweeping effects on your daily life. Employers conducting background checks will no longer see the arrest. Landlords running tenant screening will not find the record. Professional licensing boards in Texas cannot use an expunged arrest against you in most cases.
On job applications that ask "Have you ever been arrested or convicted?", you can legally answer "no" after a Texas expunction. This is one of the most significant practical benefits, particularly for people seeking employment in industries with background check requirements such as healthcare, education, finance, and government contracting.
Immigration consequences require separate analysis. An expunged record may still be visible to federal immigration authorities and could still affect immigration status. Non-citizens considering expunction should consult both a criminal defense attorney and an immigration attorney.
An expunction permanently destroys all records of an arrest and prosecution. After expunction, you can legally deny the arrest occurred. A nondisclosure order seals records from public view but does not destroy them. Law enforcement can still see sealed records. Expunction is more complete but has stricter eligibility requirements.
Texas allows expunction when charges were never filed and the statute of limitations has expired, charges were dismissed, you were acquitted at trial, you were convicted but later pardoned, or the conviction was the result of identity theft. Deferred adjudication probation generally does not qualify for expunction.
You may qualify for nondisclosure if you successfully completed deferred adjudication probation and the waiting period has passed. Waiting periods are no wait for Class C misdemeanors, 2 years for Class A and B misdemeanors, and 5 years for felonies. Violent crimes, sex offenses, and family violence offenses are never eligible.
The Texas expunction process typically takes 3 to 6 months from filing to completion. After the petition is filed, the court schedules a hearing usually 30 to 60 days out. If granted, all agencies named in the order have 6 months to destroy records under Texas Code of Criminal Procedure Chapter 55.
A DWI conviction cannot be expunged in Texas. However, if your DWI charge was dismissed or you were acquitted, you may qualify for expunction. DWI deferred adjudication completed before September 1, 2019 may qualify for nondisclosure under specific conditions. Consult a Texas attorney for your specific situation.
File your expunction petition in the district court of the county where you were arrested. The petition must include your full name, date of birth, the offense, arrest date, case number, and the names of all agencies with records. Serve the petition on all agencies listed. An attorney can ensure the petition is correctly prepared and all required parties are served.
A felony conviction cannot be expunged in Texas unless you were pardoned. However, felony charges that were dismissed or resulted in acquittal may be eligible. Felony deferred adjudication completions may qualify for nondisclosure after a 5-year waiting period, but only for eligible offenses under Texas Government Code 411.081.
After expunction, Texas government agencies must destroy their records. However, private background check companies and data brokers are not always required to remove expunged records immediately. You may need to contact each company individually with proof of your expunction order to have records removed from their databases.
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