The Texas Expunction & Non-Disclosure Petition Process

Step 1: Records collection

Before drafting the petition, pull the source documents that prove eligibility. For both expunction and non-disclosure, the records typically needed are: arrest report or booking sheet, court disposition (judgment, dismissal order, deferred-adjudication discharge), Texas DPS criminal-history printout, and any agency records that name the petitioner.

Source documents to gather:

• DPS criminal-history printout. Order through the Texas DPS Crime Records Service. Cost runs $15–$25. This is the master record of how the State of Texas sees your case.
• Court disposition order. The actual judgment, dismissal order, or deferred-adjudication discharge order signed by the judge.
• Arrest report and booking documents. From the arresting agency (police department, sheriff’s office).
• Probation discharge order (for non-disclosure after probation completion).
• Identity-theft documentation (for identity-theft expunction): police report, sworn affidavit, supporting documentation.
• DWI HB 3016 documentation (for DWI non-disclosure): BAC documentation, ignition-interlock records, accident-related police reports (or lack thereof).

Records collection often takes 2–4 weeks because agencies require formal requests. Some counties have online portals that speed the process; others require paper requests and FOIA-style waits.

Step 2: Petition drafting

The petition must satisfy specific statutory content requirements. Chapter 55A for expunction and § 411.0745 for non-disclosure each specify required elements. A petition missing required content can be denied without a hearing.

Required content for an expunction petition under Chapter 55A:

• Full legal name, date of birth, gender, race, and DPS State Identification Number (SID), if known.
• Driver license number and Social Security number (some courts redact).
• Date of arrest, offense charged, and case number.
• Name of the arresting agency.
• Name of the court where the case was filed (or where no charge was filed, the name of the agency holding records).
• Statement of the statutory basis for expunction (which subsection of Chapter 55A applies).
• List of every agency that has records of the arrest.
• Verification (sworn statement).

For non-disclosure, the required content is similar but the petition is filed under different statutory authority. Both petitions require the petitioner’s sworn statement attesting that all statutory conditions are met.

Step 3: Filing

Expunction petitions are filed in the district court of the county where the arrest occurred. Non-disclosure petitions are filed in the court that placed the defendant on community supervision (for deferred or straight-probation cases) or in the trial court for conviction-based pathways. Filing fees differ significantly.

Filing-fee structure:

• Expunction (Chapter 55A): $300–$500 in most Texas counties. Some counties charge separate fees per agency named. Indigent petitioners may apply for a fee waiver.
• Non-disclosure (§ 411.0745): approximately $28 statutory fee plus county court costs (typically $30–$60 additional). Indigent petitioners may apply for a fee waiver.

Filing is typically electronic through eFile Texas (efile.txcourts.gov) for most district and county courts. Some smaller counties still accept paper filings.

Step 4: Notice and service

After filing, the petitioner must serve notice on every agency that has records of the arrest. The list typically includes DPS, the arresting agency, the prosecutor’s office, the court clerk, and any other state or local agency. Each agency has a statutory window to respond.

Standard notice list for an expunction petition:

1. Texas Department of Public Safety (Crime Records Service).
2. Arresting agency (police department, sheriff’s office, constable).
3. District attorney or county attorney who prosecuted the case.
4. Court clerk where the case was filed.
5. Other state agencies with records (e.g., Texas Department of Criminal Justice for cases involving supervision, Texas Juvenile Justice Department for juvenile cases).
6. Federal agencies (FBI, DEA, ATF) if records were shared — though Texas orders do not bind federal agencies.

Failure to name an agency that holds records is a common reason for a partial expunction — the un-named agency keeps its records.

Step 5: The hearing

Most Texas counties set the hearing 30 to 60 days after filing. Many petitions are granted on the papers without an oral hearing if no agency objects. Contested matters proceed to a hearing where the petitioner bears the burden of proving each statutory condition.

Hearing dynamics:

• Uncontested. If no agency objects and all statutory conditions are documented, many judges sign the order on the papers without requiring oral testimony.
• Agency objection. Most commonly comes from the State (district attorney) on a specific factual or legal ground — usually disputing one of the statutory conditions. The hearing focuses on that disputed condition.
• Petitioner’s burden. The petitioner bears the burden of proving each statutory condition by a preponderance of evidence. The court strictly construes the statute and has no equitable power to expand the remedy.

Step 6: Order execution

After the court issues the order, each named agency has a statutory window to execute — typically 30 to 60 days. For expunction, the agency destroys or returns records. For non-disclosure, the agency seals records and removes them from public-facing responses. Execution is the longest single step of the process.

The agency obligations:

• DPS. Removes the arrest from the public-facing criminal-history record. Updates the State Identification Number (SID) file.
• Arresting agency. Destroys or returns physical records (arrest reports, booking photos, fingerprint cards) per the order.
• Prosecutor’s office. Destroys or returns case file materials.
• Court clerk. Seals or destroys court records (in expunction) or seals from public access (in non-disclosure).
• Federal agencies. Texas orders do not bind federal agencies — the FBI NCIC database may continue to reflect the arrest. Federal-record questions follow separate procedures (FBI background-check disputes, federal court motions).

Step 7: Follow-up audit

60 to 90 days after the order issues, pull a fresh DPS criminal-history record to verify that every named agency executed. Some agencies miss the statutory deadline. A follow-up demand letter (or contempt motion) can force compliance.

The standard audit process:

1. Order a fresh DPS criminal-history record via the Crime Records Service.
2. Verify the arrest no longer appears (expunction) or no longer appears on the public response (non-disclosure).
3. If still present, identify which agency has not executed.
4. Send a written demand to the noncompliant agency, attaching the order and demanding execution within 14 days.
5. If still non-compliant, file a motion to enforce or contempt motion in the issuing court.

Most agencies execute properly. The audit step is insurance against the rare case where one agency misses the deadline — and the audit is what tells you the case is truly closed.

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