A criminal record can shadow a person long after the case has closed. Years after the dust has settled, a background check can surface an old arrest and cost someone a job offer, an apartment, or a professional license. Texas offers two main tools for getting clear of that shadow: expunction, sometimes called expungement, and nondisclosure. The two are related but distinct, and a clear understanding of which one applies to your situation determines what you can actually clean off your record.
This article explains expunction under Texas law, who qualifies, what records can be cleared, and what an expunction actually accomplishes.
Table of Contents
What an Expunction Actually Does
An expunction in Texas, governed by Chapter 55 of the Code of Criminal Procedure, orders the destruction of records related to an arrest. Once a court grants expunction, law enforcement agencies, courts, the Department of Public Safety, and other entities are required to destroy or return records of the arrest. Afterward, with limited exceptions, you can legally deny that the arrest occurred. Employers, licensing boards, and other private parties cannot use the expunged arrest against you.
This is fundamentally different from sealing. An expunction does not just hide the record. It removes it. The record is destroyed by the agencies holding it, with narrow exceptions for certain prosecutorial files.
Who Qualifies for Expunction
Eligibility is the key question, because most arrests in Texas are not eligible for expunction. The categories that generally qualify include:
- An arrest that did not result in any charges being filed, after applicable waiting periods.
- An arrest where charges were filed but later dismissed, with no probation served, when statute of limitations and waiting period requirements are met.
- An acquittal at trial, except where the acquittal followed an appeal of one of multiple counts.
- A pardon by the governor of Texas or the President of the United States.
- Certain identity theft cases where a person was arrested using stolen identity information.
- Certain juvenile offenses, under separate provisions.
The State Law Library of Texas maintains plain language guides on this subject at guides.sll.texas.gov, which can be useful for understanding the general framework before consulting an attorney.
Expunction vs. Order of Nondisclosure
When expunction is not available, nondisclosure may be. An order of nondisclosure, governed by Chapter 411 of the Government Code, seals the record from most public access, including most private background checks. The record still exists and remains accessible to law enforcement, certain licensing agencies, and a list of specified state entities.
Nondisclosure typically applies to certain offenses where the defendant completed deferred adjudication community supervision. Eligibility depends on the offense and a statutory waiting period. Some misdemeanor first time DWI cases became eligible for nondisclosure under House Bill 3016 in 2017, subject to conditions.
The Expunction Process
Expunction in Texas is a civil proceeding even though it relates to a criminal case. The petitioner files a Petition for Expunction in a district court, listing every agency that may possess records of the arrest. The petition identifies the offense, the date of arrest, the case number, the disposition, and the legal basis for expunction. A filing fee applies in most counties.
The court sets a hearing and notifies the listed agencies, which may oppose the petition. The Department of Public Safety, in particular, often reviews petitions for accuracy. At the hearing, the court reviews the petition, considers any objections, and either grants or denies the expunction. If granted, the court signs an Order of Expunction, which the petitioner serves on each listed agency. Those agencies then must destroy or return the records identified in the order.
Waiting Periods and Timing
The Texas Code of Criminal Procedure sets out waiting periods that depend on the level of the original alleged offense and the disposition. For an arrest with no charges filed:
- Class C misdemeanors require 180 days from the date of arrest.
- Class A and Class B misdemeanors require one year.
- Felonies require three years.
Different rules apply when charges were filed and dismissed, when there is an acquittal, or when a pardon is involved. The waiting period for acquittal expunctions is short, because the case has concluded with a finding of not guilty. Pardon expunctions can typically be sought immediately upon issuance of the pardon.
Offenses Generally Excluded
Certain situations make expunction unavailable. A conviction for the offense generally cannot be expunged, with narrow exceptions for pardons. Completed deferred adjudication community supervision, except for Class C misdemeanors, also generally rules out expunction, though nondisclosure may be available. Probation that ends in a conviction cannot be expunged. Offenses where the defendant fled the jurisdiction or where the statute of limitations has not run typically cannot be expunged either.
Each case requires individual analysis. A petition filed for an ineligible arrest will fail and may result in a record that is harder to address later. This is one of the situations where attempting a do it yourself filing can cost more than hiring counsel from the outset.
Benefits of Clearing Your Record
The practical benefits of expunction are substantial. On most employment applications and background checks, an expunged arrest will not appear. You can answer truthfully that you have not been arrested for that incident. Licensing boards may not consider the expunged matter, with limited exceptions. Landlords and lenders will not see it on standard checks.
For people whose lives have moved on from a long ago arrest that never resulted in conviction, the difference is significant. An arrest that should never have happened in the first place no longer hovers in the background of every form they fill out.
If you believe an arrest or charge on your record may be eligible for expunction or nondisclosure, please contact our office for an evaluation. The right relief depends entirely on the specifics of your case, and the analysis is worth the time.
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Request a ConsultationFrequently Asked Questions
From filing to the entry of an Order of Expunction usually takes two to six months, depending on the county, the court's docket, and whether any agency contests the petition. After the order is signed, destruction of records by the agencies takes additional time.
A DWI conviction generally cannot be expunged. A DWI arrest that resulted in dismissal or acquittal may be eligible. Certain first time DWI cases that ended in a successful nondisclosure outcome may be sealed but not destroyed.
Expunction can restore the legal status of someone whose firearm rights were affected by an arrest that did not result in a disqualifying conviction. If the underlying disqualification was a conviction, expunction generally is not available, and other relief such as a pardon would be required.
Many expunction hearings are routine and resolved on the papers. Some courts require an appearance, particularly if an agency files an objection. Your attorney can usually attend on your behalf in uncontested matters.
Texas has separate procedures for juvenile records under the Family Code. Certain juvenile records can be sealed or restricted. The rules differ from adult expunction in important ways, and the analysis depends on the specific juvenile court history.
About Mark Brunner
Mark Brunner represents individuals facing criminal charges throughout Round Rock, Williamson County, and Central Texas. The firm's practice covers DWI defense, drug crimes, theft, fraud, appeals, and the full range of state and federal criminal matters.