Quick answer
Beyond expunction (Chapter 55) and non-disclosure (Government Code §411), Texas has two more record-clearing tools: judicial set-aside under Code of Criminal Procedure 42A.701 (which removes a conviction after probation completion in narrow circumstances) and juvenile sealing under Family Code Chapter 58 (which seals juvenile records). Each has different eligibility, different effect, and different timing.
Texas record-clearing is not a single remedy but a family of remedies. The right one depends on what kind of case it is, how the case ended, and what the client needs the record cleared from. Set-aside and juvenile sealing fill gaps that expunction and non-disclosure cannot reach.
What's on this page
Judicial set-aside under CCP 42A.701
Set-aside is a narrow remedy that does what its name suggests — sets aside a conviction after successful probation. Under CCP 42A.701:
- The defendant must have been on community supervision (straight probation, not deferred).
- Probation must have been satisfactorily completed.
- The judge must enter an order setting aside the verdict or judgment.
- The conviction is then "set aside" — the defendant is "released from all penalties and disabilities" resulting from the offense.
What set-aside does not do: it does not erase the arrest record, it does not make the case eligible for expunction, and it does not change the underlying facts. The record still shows the conviction, but with a notation that it was set aside.
What set-aside does do: in some contexts, it allows the defendant to honestly answer "no" when asked about prior convictions. The 5th Circuit has held that set-aside under §42A.701 removes the "conviction" for federal firearm-disability purposes in some cases — meaning the defendant may be able to possess firearms again. Always confirm with current case law and federal counsel.
Set-aside is most useful as a step before applying for non-disclosure under §411.0727 (first-time misdemeanor straight probation), as some judges require set-aside as a prerequisite.
Juvenile records under Family Code Chapter 58
Texas juvenile records are governed by Family Code Chapter 58, which the 88th Legislature reorganized in 2023. The main sealing paths:
- Automatic sealing under §58.253: Records of certain juveniles are sealed automatically — without a petition — after specific conditions are met (turning 18, no further adjudications, completion of probation).
- Application-based sealing under §58.260: Records that don't qualify for automatic sealing can be sealed by application after a waiting period.
- Restricted access under §58.007: Some juvenile records are inherently restricted from public view, even before formal sealing.
Juvenile sealing under Chapter 58 is generally more generous than adult non-disclosure — the Legislature's policy is to give juveniles a fresh start. But:
- Certain serious offenses (capital murder, aggravated sexual assault, indecency with a child) cannot be sealed.
- Determinate sentence cases (where the juvenile was certified for adult sentencing) have separate rules.
- Federal databases (NCIC) and out-of-state agencies may retain records that Texas sealing does not reach.
The 2023 reorganization renamed many statutes — older case law uses former section numbers. Confirm citations against current Code.
Order of restoration of rights
Texas does not have a single "restoration of rights" statute — instead, individual rights are restored by separate processes:
- Right to vote: Restored automatically upon completion of sentence under Election Code §11.002 — including completion of probation and parole.
- Right to serve on a jury: Restored automatically upon completion of sentence.
- Right to possess firearms (state): Restored 5 years after completion of sentence (probation, parole, or release) for non-violent state felonies under Penal Code §46.04(a).
- Right to possess firearms (federal): Set-aside under §42A.701 sometimes restores under 18 U.S.C. §922(g)(1) — but the Fifth Circuit's analysis is fact-specific. Consult federal counsel.
- Right to hold public office: Restored upon completion plus 2 years for some offenses; permanent disqualification for others.
- Professional licenses: Each licensing board has its own rules. The general standard is "fitness" — case-by-case review.
For practical purposes, the most often asked-about right is firearms. Texas's 5-year clock is automatic but does not restore federal eligibility on its own.
Sequencing — when to combine remedies
Multiple remedies can stack. Common sequences:
- Successful pretrial diversion → expunction: Many pretrial diversion contracts include dismissal upon completion, which then qualifies for expunction under Chapter 55.
- Set-aside → non-disclosure (§411.0727): First-time misdemeanor straight probation completed → motion for set-aside → petition for non-disclosure.
- Deferred adjudication → non-disclosure (§411.0725): Standard path. The case must be dismissed at end of deferred (which is automatic with successful completion) and then a separate non-disclosure petition is filed.
- Juvenile adjudication → Chapter 58 sealing: Either automatic at age 18 plus eligibility or by application.
- Multi-arrest case: If a defendant has multiple priors, each must be evaluated separately. A single client may have one expunction-eligible case, one non-disclosure-eligible case, and one ineligible case.
We map out each case before filing. Some clients have records that look hopeless but are clearable in pieces.
What employers, licensors, and the public actually see
| Remedy | Private employer / landlord | Government background check | Court records online |
|---|---|---|---|
| Expunction (Ch. 55) | No record | No record | Removed |
| Non-disclosure (§411) | No record (most) | Visible to most agencies | Sealed from public access; access by court order |
| Set-aside (42A.701) | Conviction visible, with set-aside notation | Visible | Visible |
| Juvenile sealing (Ch. 58) | No record (most) | Limited visibility | Sealed |
For most clients, the goal is "doesn't show on a background check." For that goal, expunction is best, non-disclosure is second-best, set-aside is helpful but not complete, and juvenile sealing is generally effective for offenses that qualify.
If your case is at this stage, do not wait for the State to make the next move.
Call (972) 370-5060 Email UsKey Texas terms
- Set-aside
- Court order under Texas CCP 42A.701 setting aside a conviction after successful probation completion. Releases the defendant from "penalties and disabilities" of the conviction but does not destroy the record.
- Determinate sentence
- A juvenile case in which the judge has imposed a sentence that may continue into adult Texas Department of Criminal Justice — Institutional Division. Subject to separate sealing rules under Family Code Chapter 58.
- Automatic sealing
- Juvenile record sealing that occurs without a separate petition under Family Code §58.253 once specific conditions (age, no further adjudications) are met.
- NCIC
- National Crime Information Center — the federal criminal database. Out-of-state and federal agencies access NCIC; Texas sealing does not bind federal records directly.
Frequently asked questions
What is the difference between set-aside and expunction?
Set-aside (CCP 42A.701) is for completed straight probation — it removes "penalties and disabilities" of the conviction but does not destroy the record. Expunction (Chapter 55) destroys the arrest record entirely. They are not interchangeable and serve different purposes.
Can my juvenile record affect my adult background checks?
Generally no — Texas juvenile records are confidential under Family Code §58.007 from the time they're created. But the record may still exist in databases, and certain serious juvenile offenses can appear. Chapter 58 sealing strengthens the confidentiality.
Does set-aside restore my gun rights in Texas?
Texas law restores firearm rights 5 years after completion of a non-violent felony sentence under Penal Code §46.04(a) — set-aside is not strictly required. Federal firearm rights under 18 U.S.C. §922(g)(1) are a separate analysis; set-aside can sometimes help but is fact-specific. Always consult federal counsel.
How do I get a set-aside under CCP 42A.701?
File a Motion to Set Aside Verdict and Dismiss Case in the original trial court. The motion can be filed at the end of probation or after. The judge has discretion to grant or deny. Most judges grant set-aside motions for first-time offenders who have stayed clean during probation.
Are juvenile records automatically sealed in Texas?
Some are. Under Family Code §58.253, records of certain juvenile cases are sealed automatically at age 18 if specific conditions are met (no further adjudications, completed probation). Others require a sealing application under §58.260.
Can I expunge my record if I was placed on deferred adjudication?
Generally no — except for Class C misdemeanor deferred adjudication. Most deferred adjudication completions lead to non-disclosure eligibility, not expunction. The Class C exception is in CCP 55.01(a)(2)(A).
How does set-aside affect my immigration status?
Set-aside under CCP 42A.701 generally does not eliminate immigration consequences. Federal immigration law has its own definition of "conviction" that is broader than Texas law. The conviction remains a "conviction" for federal immigration purposes in most cases. Consult immigration counsel.
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