Texas Expungement & Record Sealing Guide

Who Qualifies for Expungement in Texas?

Texas has two separate record-clearing processes with very different eligibility rules. It's critical to understand which one applies to you.

Expunction (Record Destruction)

Expunction is the stronger remedy — the record is physically destroyed. However, eligibility is narrow. You generally qualify only if:

• Charges were dismissed or never filed (and the statute of limitations has run)
• You were acquitted (found not guilty) at trial or on appeal
• You were pardoned
• You successfully completed a pretrial diversion program resulting in dismissal
• You completed deferred adjudication for a Class C misdemeanor (fine-only offense)
• You were convicted of Unlawful Carrying of a Weapon before September 1, 2021

If you pled guilty, were convicted at trial, or completed deferred adjudication for anything above a Class C misdemeanor — you do NOT qualify for expunction. You may qualify for nondisclosure instead.

Order of Nondisclosure (Record Sealing)

Nondisclosure seals your record from the public but law enforcement can still access it. You may qualify if you:

• Successfully completed deferred adjudication community supervision and were discharged
• Completed probation or jail time for certain misdemeanors
• Are not currently under supervision for any offense
• Have not been convicted of certain disqualifying violent offenses at any time (family violence, murder, kidnapping, human trafficking, sex offenses, child offenses)

Not eligible for nondisclosure: Anyone with any prior conviction for the disqualifying offenses listed above — even if that old case is separate from the one you want sealed.

Step-by-Step: How to Clear Your Record in Texas

1. Determine which process applies — Expunction (dismissal/acquittal) or nondisclosure (deferred adjudication/probation). They use different petitions and different courts.
2. Wait out the required waiting period (see below).
3. File the petition — In the district court of the county where you were arrested. For nondisclosure, use the court that handled your case. Filing fee: approximately $300–$500 depending on county.
4. Serve notice — Multiple agencies must be notified, including the arresting agency, the prosecutor, DPS, and others. Your attorney or the court clerk can provide the required list.
5. Hearing — For expunctions, the court holds a hearing (typically 30–60 days after filing). For automatic nondisclosures (certain first-time DWI and misdemeanor cases), no hearing is required.
6. Order issued — If granted, each agency must destroy (expunction) or seal (nondisclosure) the records. This process can take 6–12 months total.

Waiting Periods

Expunction Waiting Periods

• Class C misdemeanor (fine-only): 180 days from arrest date
• Class A or B misdemeanor: 1 year from arrest date
• Felony: 3 years from arrest date
• Acquittal or dismissal: No waiting period required (may file immediately)

Nondisclosure Waiting Periods

• Misdemeanor (automatic — certain first-time offenses): No waiting period after discharge
• Misdemeanor (standard): 2 years after discharge from community supervision
• Felony deferred adjudication: 5 years after discharge from community supervision
• First-time DWI (no accident, BAC under 0.15): 2 years after discharge (if misdemeanor) or 5 years (if felony)

Costs

• Court filing fee: $300–$500 (varies by county)
• Service of notice: $50–$150 (serving multiple agencies)
• Attorney fees: $1,000–$3,500 for straightforward cases; more for complex matters
• Total self-filed estimate: $350–$650

Some Texas counties offer free expunction clinics through legal aid organizations. Check the Clean Slate Texas directory for free assistance in your area.

What Record Clearing Does (and Doesn't) Do in Texas

After a successful expungement or sealing in Texas, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Texas for advice specific to your situation.