Texas Expunction & Non-Disclosure: A Complete Guide to Clearing a Criminal Record

Quick reference: the four pathways

Texas record-clearing law has four core pathways. Expunction erases the record. Non-disclosure seals it from most private requesters. Juvenile sealing follows the Family Code. Juvenile restricted access provides a parallel remedy. Each has its own statute, waiting period, and disqualifier list.

The right pathway depends on what happened to the case. Acquittals and certain dismissals go to expunction. Deferred adjudication completions go to non-disclosure. Juvenile cases follow the Family Code framework. The sections below explain each path, with the eligibility filters and the procedural mechanics.

Expunction under Chapter 55A

Texas expunction under Chapter 55A is the strongest record-relief tool available. An expunction order erases the record entirely: every Texas agency that holds records of the arrest must destroy or return them. The petitioner can legally deny that the arrest occurred in response to most employment and housing applications. Expunction is also a constitutional civil proceeding, not criminal, so the petitioner bears the burden of proving every statutory condition.

Chapter 55A replaced the older Chapter 55 on January 1, 2025. The substantive grounds are largely the same — acquittal, pardon, certain dismissals, identity-theft victim — but the new chapter reorganizes the statute into cleaner subchapters and creates pathways for automatic expunction in some scenarios. The old Chapter 55 cases (still good law on bedrock principles like “strict statutory compliance,” the petitioner’s burden, and the civil-proceeding character of expunction) carry forward for interpretation of Chapter 55A’s text.

Who qualifies for expunction

Five core categories qualify for expunction under Chapter 55A: (1) acquittal, (2) post-conviction relief for actual innocence (pardon or otherwise), (3) release without conviction where limitations has run with no charge filed, (4) certain dismissals, and (5) identity-theft victim. Each category has specific conditions; the petitioner must satisfy every one.

Acquittal

You were tried and acquitted by the trial court (or by an appellate court reversing a conviction with an acquittal). Limited exceptions apply where the acquittal is on a single count of a multi-count indictment, or where you were sentenced as a habitual offender on a prior offense.

Pardon or other innocence-based relief

You were convicted and later pardoned by the governor or otherwise granted relief on the basis of actual innocence. A garden-variety executive clemency (sentence commutation without an innocence finding) does not qualify.

No charge filed / limitations run

You were arrested and released without an indictment or information being filed, and the statute of limitations on the offense has run with no charge filed during the limitations period.

Charge dismissed (with conditions)

The charge was dismissed for reasons specified in Chapter 55A, including statute-of-limitations expiration, mistake / false information / similar prosecutorial dismissal, or court-ordered dismissal for certain procedural reasons. Family-violence Class C deferred dispositions are excluded.

Identity-theft victim

You can prove you were the victim of identity theft and the arrest record actually belongs to the person who stole your identity.

Class C deferred disposition completion

You successfully completed a deferred disposition under art. 45.051 of the Code of Criminal Procedure. Family-violence Class C deferred dispositions are excluded.

Juvenile alcohol or tobacco offenses

Certain juvenile-court alcohol or tobacco offenses qualify under specific Chapter 55A provisions.

Categories that do not qualify for expunction include: convictions on most offenses (including non-DWI misdemeanors and felonies), successful completion of deferred adjudication (other than Class C deferred disposition), and successful completion of straight probation. The remedy for those is non-disclosure under Chapter 411 — or, for some cases, no record relief is available at all.

Automatic expunction

Chapter 55A introduces automatic expunction for certain qualifying acquittals and dismissed cases. For acquittals, the trial court orders expunction at the time of acquittal — no separate petition required. For certain dismissed-or-quashed cases, the court can order expunction without a separate petition if the eligibility conditions (including the no-felony-conviction-in-prior-five-years requirement) are met.

Automatic does not mean instantaneous. Even after the court order issues, agencies still must execute — destroying or returning records on a statutory timeline. The petitioner (or attorney) should follow up to confirm that DPS, the arresting agency, the prosecutor’s office, and any court-records department have actually sealed or destroyed the records. We routinely audit the result 60 to 90 days after the order issues.

The automatic-expunction pathway is most useful when the case has a clear acquittal or dismissal record and no qualifying disqualifiers. For older cases or cases with complicated procedural histories, filing a verified petition under the standard Chapter 55A pathway remains the safer route — the petition forces every agency to acknowledge the order and creates a documented record of compliance.

Non-disclosure under Chapter 411

Non-disclosure under Texas Government Code Chapter 411, Subchapter E-1 seals the record from most private requesters while leaving it accessible to law enforcement, courts, and certain licensing agencies. Non-disclosure is the workhorse remedy for cases that don’t qualify for expunction — successfully completed deferred adjudications, certain qualifying straight probations, and certain DWI cases under the HB 3016 path.

Several statutory provisions within Subchapter E-1 control different scenarios:

• § 411.072 — DWI non-disclosure (HB 3016).
• § 411.0725 — Non-disclosure after successful deferred adjudication.
• § 411.073 — Non-disclosure after successful straight probation for certain qualifying offenses.
• § 411.0735 — Non-disclosure after a conviction in specific narrow circumstances.
• § 411.074 — Required conditions and offense exclusions for all non-disclosure orders.

The § 411.074 exclusion list is the gating filter. Offenses involving family violence, certain sex offenses, capital murder, murder, aggravated kidnapping, indecency with a child, sexual assault, aggravated sexual assault, continuous sexual abuse, certain trafficking offenses, stalking, and several other categories are excluded from non-disclosure regardless of how the underlying case resolved.

DWI non-disclosure (§ 411.072)

DWI non-disclosure under § 411.072 (the HB 3016 pathway, effective September 1, 2017) is the only path to sealing a DWI conviction in Texas. Eligibility requires specific facts: a first-offense DWI, no prior conviction, no commercial driver license, no accident involving another person, BAC under 0.15, and either successful completion of deferred adjudication or successful service of the imposed sentence with ignition-interlock use through the term.

Waiting periods after discharge:

• Two years if an ignition interlock device was operated for at least six months during community supervision (or if the sentence completed with interlock for the full term).
• Five years if no qualifying interlock use.

HB 3016 created the DWI non-disclosure path because Texas previously had no relief at all for DWI convictions. The category is narrow by design. A defendant who refused to install interlock, who declined the deferred adjudication option (where available under HB 3582), or whose case included aggravators like an accident or a BAC at 0.15 or above will not qualify under § 411.072.

Deferred adjudication non-disclosure (§ 411.0725)

After successful completion of deferred adjudication under Tex. Code Crim. Proc. art. 42A.101, most defendants are eligible for an order of non-disclosure under § 411.0725. The order seals the record from most private requesters but leaves it visible to law enforcement, courts, and certain licensors. Waiting periods after discharge vary by offense category.

Waiting periods after discharge under § 411.0725:

• Most misdemeanors: no waiting period — petition can be filed immediately after discharge.
• Misdemeanors under Penal Code chapters 20 (kidnapping), 21 (sex offenses), 22 (assault), 25 (family offenses), 42 (public order), 43 (sexual offenses), 46 (weapons), or 71 (organized crime): five-year waiting period after discharge.
• Felonies: five-year waiting period after discharge.

The § 411.074 exclusion list applies as a separate filter. A deferred adjudication on a family-violence assault, for example, generally remains ineligible for non-disclosure even after the waiting period — the offense category itself disqualifies.

Straight-probation non-disclosure (§ 411.073)

After successful completion of straight community supervision (not deferred), § 411.073 permits a non-disclosure order for certain misdemeanors. The relief is narrower than the deferred-adjudication path: only misdemeanors qualify, and only if the defendant has no prior conviction (other than fine-only offenses), meets the offense-category filter, and has paid all costs.

Five-year waiting period applies to most qualifying straight-probation non-disclosures under § 411.073. The petition can be filed earlier only in narrow circumstances. The defendant must demonstrate that issuing the order is in the best interest of justice — a discretion check the court applies on top of the statutory eligibility filter.

Juvenile sealing (Family Code ch. 58)

Juvenile records in Texas are governed by Family Code Chapter 58. Most juvenile records are eligible for sealing — some automatically at age 19 if conditions are met, others by petition. The default is greater protection: juvenile records are confidential by statute and generally not accessible to private background checks even before sealing.

Two main categories:

1. Automatic sealing at age 19. For most juveniles adjudicated for delinquent conduct or conduct indicating a need for supervision, records seal automatically when the juvenile turns 19 if no felony adjudication occurred and no current charges are pending.
2. Petition-based sealing. For records that don’t qualify for automatic sealing — certain felony adjudications, ongoing pending matters, transferred cases — a petition for sealing under Chapter 58 may be available with court approval.

Some serious juvenile cases (certified-as-adult, capital adjudications, certain sex offenses) follow separate rules under Chapter 58’s subchapters. The Family Code reforms have moved progressively toward broader access to sealing for first-time juvenile offenders.

Juvenile restricted access (Family Code ch. 58)

Family Code Chapter 58 provides a separate juvenile remedy: restricted access. Rather than sealing or destroying records, restricted access limits who can see them — typically narrowing access to the named juvenile, the court, certain government agencies, and specifically authorized requesters. The remedy is useful when sealing is not yet available or when the juvenile wants to retain access for specific purposes (e.g., later seeking employment in a field that requires disclosure of juvenile contact).

Restricted access can run in parallel with sealing. A juvenile may obtain a restricted-access order under Chapter 58 Subchapter B-1 and later, when eligible, seek a sealing order under Chapter 58 Subchapter C-1. The two remedies are complementary, not mutually exclusive.

The petition process

An expunction or non-disclosure petition is filed in the district court (or, for some non-disclosures, the county court at law) of the county where the case was prosecuted. The petition must contain specified content: identifying information, arrest details, offense, disposition, statement of statutory conditions met, and a list of every agency holding records. Notice goes to every named agency.

Standard procedural sequence:

1. Records collection. Pull arrest record, court disposition, probation discharge order, DPS criminal-history printout. The petition relies on these documents to prove eligibility.
2. Petition drafting. Include all statutory required content. Verify the petitioner’s signature. List every agency: DPS, the arresting agency, the prosecutor’s office, the court clerk, and any other state or local agency that has records.
3. Filing. File in the district court of the county where the case was prosecuted. Filing fee runs $300 to $500.
4. Service. The petitioner serves notice on every named agency. They have a statutory window to respond or object.
5. Hearing. Most counties set the hearing 30 to 60 days out. Many petitions are granted on the papers if no agency objects.
6. Order entry and execution. The court issues the order. Each agency has a statutory deadline (typically 30 to 60 days) to execute — destroying or returning records (expunction) or sealing them (non-disclosure).
7. Follow-up audit. 60 to 90 days after the order issues, pull a fresh DPS criminal-history report to verify execution. Some agencies miss the deadline.

Waiting periods at a glance

Waiting periods depend on the relief, the offense category, and the disposition. The table below covers the most-common scenarios; specific subsections add or modify these defaults.

What gets cleared (and what doesn’t)

Expunction binds Texas agencies. Non-disclosure limits Texas private-requester access. Neither remedy reaches federal databases (FBI NCIC, etc.), and neither can compel private background-check companies to update their cached records without separate enforcement.

Specific gaps to be aware of:

• Federal records. Chapter 55A and Chapter 411 only bind Texas state and local agencies. The FBI’s NCIC database, federal court records, and federal licensing-agency records may continue to reflect the underlying arrest after a Texas expunction.
• Private background-check companies. Companies that pulled the record before the expunction order often retain copies. Most reputable companies will update their records upon receipt of the order. Continued reporting after written notice supports a private right of action under the Fair Credit Reporting Act and Texas Business & Commerce Code remedies.
• Licensing agencies with statutory access. Some Texas professional licensing boards (TEA/SBEC, TDLR, certain medical boards) retain access to non-disclosed records under specific statutory authority.
• Immigration consequences. Federal immigration consequences of a criminal conviction operate independently of state expunction or non-disclosure. A Texas expunction does not erase the “conviction” for federal immigration purposes if the conduct otherwise meets the federal definition.
• Gun rights. The federal Lautenberg ban for misdemeanor crimes of domestic violence under 18 U.S.C. § 922(g)(9) operates independently of Texas non-disclosure. The federal disability persists even after a Texas non-disclosure order.

Eligibility Checker tool

Use the Texas Record-Relief Eligibility Checker to identify which pathway applies to your case. The tool walks through charge category, disposition (acquittal, dismissal, deferred adjudication, straight probation, conviction), date of disposition, and prior history — then outputs the applicable relief, the waiting period, and the filing court.

The tool is a triage instrument. Texas record-relief eligibility has many narrow disqualifiers that depend on facts beyond what a calculator can capture — the family-violence affirmative-finding question, the precise wording of a dismissal, the difference between adjudicated and dismissed counts in a multi-count case. Use the tool as a starting point, then book a consultation for a definitive evaluation.

Frequently asked questions

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