Record-clearing in Texas operates on two distinct tracks: expunction under Code of Criminal Procedure Chapter 55, which physically destroys arrest and court records as if the arrest never happened, and non-disclosure (record sealing) under Government Code § 411.0725 and subsequent sealing provisions, which hides records from most private background checks while preserving law-enforcement access. The 2026 expansion of SB 731 automatic sealing has changed the calculus dramatically — eligible misdemeanor convictions now seal without a petition under § 411.0735, and first-time DWI convictions follow the § 411.0728 automatic path provided ignition-interlock and waiting-period requirements are satisfied.
L and L Law Group, PLLC handles expunctions and non-disclosures across Collin, Dallas, Denton, and Tarrant counties. Reggie London's prosecutor background helps reconstruct missing agency lists from old case files — a recurring problem in Ch. 55 petitions where the arrest is twenty years old and the original investigative agencies are no longer the same political subdivisions. Njeri London anchors the appellate-side challenges where the State opposes sealing under the § 411.0716 eligibility-loss provisions after a motion to adjudicate.
Expunction Petition (CCP Ch. 55)
Read more →Non-Disclosure Petition (§ 411.0725)
Read more →SB 731 Automatic Sealing
Read more →Background Check Defense (FCRA)
Read more →Juvenile Record Sealing (Fam. Code Ch. 58)
Read more →The petition timeline — filing to actual record destruction
An expunction case is won twice: once on eligibility and once on execution. The petition is filed in district court under Tex. Code Crim. Proc. art. 55.02, and the statute requires the hearing to be set no sooner than 30 days after filing so that every named agency — DPS, the arresting department, the county clerk, the district attorney, and any other record-holder — receives notice and a chance to respond. Agencies do respond, most often to flag a waiting-period or charging-history problem, which is why the petition’s factual recitals need to be exact before filing, not patched at the hearing.
The order itself is the second battleground. An expunction order only binds the entities listed in it, so the drafting step — identifying every agency, database, and identifier tied to the arrest — determines whether the record actually disappears or merely retreats. After the judge signs, the clerk distributes the order and the listed agencies must return or destroy their files. Government databases clear over the following weeks; the private screening industry lags behind, which is where the FCRA dispute process described above picks up.
Non-disclosure runs on a different track: the petition is filed in the court that handled the underlying case, the State receives notice, and the court signs an order if the statutory criteria are met. The order then flows to DPS for distribution to the entities authorized to receive sealed-record information. The practical timeline from filing to a clean commercial background check is typically measured in months, not days — and calendaring the eligibility date in advance, so the petition is ready the day the waiting period ends, is the easiest way to compress it.
| Dimension | Expunction (CCP ch. 55) | Non-disclosure (Gov’t Code ch. 411) |
|---|---|---|
| What happens to the record | Destruction — agencies and database recipients must delete or return records | Sealing — shielded from public release; the record still exists |
| Typical eligibility | No conviction: acquittals, dismissals, no-bills, certain diversions, identity-theft misidentification | Successful deferred adjudication, plus offense-specific criteria |
| Waiting period | Varies by outcome and limitations period | Immediate for many non-violent misdemeanors; 2 years for some intoxication offenses; 5 years for most felonies |
| Who can still see it | No one — the petitioner may lawfully deny the arrest (narrow sworn-proceeding exception, art. 55.03) | Law enforcement, licensing agencies, and regulated employers listed at § 411.0765 |
| Permanently ineligible | Convictions (other than narrow exceptions) | Offenses listed at § 411.074(b), including murder, sex offenses, and family violence |
Summary of the eligibility rules discussed on this page; the controlling statutes are linked in the sections above.
Frequently Asked Questions
What is the difference between expunction and non-disclosure?+
Expunction under CCP Chapter 55 destroys records — you may legally deny the arrest occurred. Non-disclosure under Gov't Code § 411.0725 seals records from most private parties but preserves law-enforcement and certain regulated-employer access. Expunction typically requires no conviction; non-disclosure typically requires a successful deferred adjudication.
Does SB 731 automatic sealing actually clear my record on its own?+
Yes for DPS records under §§ 411.0728 and 411.0735 — but private background-check vendors update on their own cycles and FBI-database propagation lags. We routinely audit each affected database after a sealing event and dispute non-compliant reports under the FCRA.
Can a first-time DWI be sealed in Texas?+
Yes, under Gov't Code § 411.0728, where the BAC was under 0.15, no accident occurred, and all conditions of supervision were satisfied. The waiting period is 2 years with at least 6 months of ignition-interlock device, otherwise 5 years.
What happens to my non-disclosure if I get a new charge?+
§ 411.0716 triggers automatic loss of sealing eligibility on a motion to adjudicate, on a conviction during the deferred-adjudication period, and on certain new convictions after sealing. The sealed record can be unsealed under the procedure in § 411.0726.
What can I do if a background-check report shows a sealed or expunged record?+
File an FCRA dispute under 15 U.S.C. § 1681i with the consumer-reporting agency. The vendor has 30 days to investigate, correct, and notify everyone who received the inaccurate report in the past 6 months. Willful violations under § 1681n support actual damages plus $100–$1,000 statutory damages, punitive damages, and attorneys' fees.
How long does an expunction take once the petition is filed?+
The district court sets a hearing no sooner than 30 days after filing under Tex. Code Crim. Proc. art. 55.02, and every agency named in the petition gets notice and a chance to respond. After the order is signed, the listed agencies must return or destroy their records, which takes additional weeks to months. Private background-check vendors typically lag the government databases, which is why the FCRA follow-up described above matters.
Can I expunge an arrest if charges were never filed?+
Usually yes, after a waiting period. The expunction statute — Code of Criminal Procedure Chapter 55A, the recodified Chapter 55 — allows expunction of an arrest that never produced charges: 180 days after arrest for Class C-level offenses, one year for Class A and B, three years for felonies, or sooner with the prosecutor's certification that the records are no longer needed. Once limitations run with nothing filed, the waiting periods fall away.
Who can still see a record after a non-disclosure order?+
A non-disclosure order removes the record from private background-check companies and the public, but Gov't Code § 411.0765 still permits disclosure to criminal-justice agencies and a list of roughly two dozen entities — including the State Board for Educator Certification, the Board of Nursing, the Medical Board, and certain licensing and financial regulators. Sealing helps with private employers; it does not hide the case from those boards.
How long after deferred adjudication can I apply for non-disclosure?+
It depends on the offense. Many misdemeanors are eligible immediately on discharge and dismissal under Gov't Code § 411.072; misdemeanors involving violence, weapons, and certain other chapters wait two years; felonies wait five years from discharge (§ 411.0725). A conviction during the waiting period destroys eligibility — one more reason to calendar the petition date the day the deferred term ends.
Speak Directly With a Texas Criminal Defense Attorney
Reggie London and Njeri London handle calls personally. No screeners, no paralegals reading from a script — direct-to-attorney consultation, free of charge.
Expunction Defense by County
L&L Law Group represents clients facing expunction & sealing across North Texas. Choose your county for venue-specific guidance.
Talk to an attorney — not a screener.
Tell us about your case. Most clients hear back within an hour. Often within minutes.