Texas Expunction & Non-Disclosure Waiting Periods: Full Chart
Waiting periods determine when you can file. They depend on the relief (expunction or non-disclosure), the disposition (acquittal, dismissed, deferred, straight probation, DWI, conviction), and the offense category. This chart covers every common scenario and the statutory basis.
Expunction waiting periods (Chapter 55A)
Expunction under Chapter 55A has different waiting periods depending on the qualifying basis. Acquittals can be immediate. No-charge-filed cases must wait for the statute of limitations to run. Dismissed cases have varying waiting periods depending on offense class and the reason for dismissal.
| Basis | Waiting period | Notes |
|---|---|---|
| Acquittal (trial court) | None (often automatic at acquittal) | Chapter 55A automatic-expunction pathway in many cases |
| Acquittal (appellate reversal) | None after mandate issues | The mandate of the appellate court finalizes the acquittal |
| Pardon (innocence-based) | None after pardon issues | Must be innocence-based, not garden-variety clemency |
| No charge filed, limitations run | SOL period for the offense | 2 years for most misdemeanors; 3–10 years for felonies depending on offense |
| Dismissed case (no felony conviction in prior 5 years) | 180 days (Class C) to 1 year (Class A/B) to 3 years (felony) | Subject to no-conviction-in-period condition |
| Class C deferred disposition completion | None on successful completion | Family-violence Class C excluded |
| Identity-theft victim | None on documentation | Police report and sworn affidavit required |
The no-charge-filed pathway has the longest typical wait because the petitioner must wait for the statute of limitations to expire. For most Texas misdemeanors, that’s 2 years from the date of the offense. For most felonies, 3 years from the date of the offense; for certain serious felonies (sexual offenses against children, murder), there’s no limitations period and this pathway is unavailable.
Non-disclosure waiting periods (Chapter 411)
Non-disclosure waiting periods are most commonly tied to the deferred-adjudication pathway under § 411.0725. Misdemeanors typically have no waiting period or a 5-year wait. Felonies have a 5-year wait. Specific offense categories trigger the longer wait.
| Pathway | Offense category | Waiting period |
|---|---|---|
| Deferred adjudication (§ 411.0725) | Most misdemeanors | None — immediately after discharge |
| Deferred adjudication (§ 411.0725) | Pen. Code ch. 20, 21, 22, 25, 42, 43, 46, 71 misdemeanors | 5 years |
| Deferred adjudication (§ 411.0725) | Felonies | 5 years |
| Straight probation (§ 411.073) | Qualifying misdemeanors only | 5 years (default); felonies not eligible |
| Conviction (§ 411.0735) | Narrow scenarios | 5 years after completion or release |
The eight-chapter Penal Code carve-out (chs. 20, 21, 22, 25, 42, 43, 46, 71) catches the most-common non-traffic misdemeanors that warrant a longer wait. Common examples include simple assault (ch. 22), DWI-related drug offenses (ch. 46 weapons), and certain sex offenses (ch. 21, 43). Even if the deferred adjudication was successfully completed, the 5-year wait applies.
DWI HB 3016 waiting periods (§ 411.072)
DWI non-disclosure under § 411.072 (HB 3016) has two waiting periods depending on whether the defendant used an ignition interlock device during community supervision. Both run from the date of discharge.
- 2 years if ignition interlock was operated for at least 6 months during community supervision (or if the sentence completed with interlock for the full term).
- 5 years if no qualifying interlock use.
The interlock incentive structure is intentional — the Texas Legislature wanted to encourage interlock use, and the 2-year vs. 5-year differential is the reward. Defense work on a first-DWI case should typically prioritize structuring the plea or sentence to qualify for the 2-year period.
Juvenile sealing timing
Juvenile records under Family Code Chapter 58 follow a different timing structure. Most records seal automatically at age 19 if statutory conditions are met. Petition-based sealing is available earlier in some scenarios.
Standard juvenile-sealing timing:
- Automatic at age 19: Most juvenile delinquent-conduct and CINS records, provided the juvenile has no felony adjudication and no current pending charges.
- Petition-based sealing: Available before age 19 in some scenarios, particularly for first-offense juvenile cases that meet specific Chapter 58 conditions.
- Certified-as-adult cases: Different timing — typically follows Chapter 55A expunction or Chapter 411 non-disclosure timing depending on disposition.
Intervening convictions reset waiting periods
An intervening conviction during a waiting period generally disqualifies. Most non-disclosure pathways require no convictions during both the supervision period AND the waiting period after discharge, other than fine-only traffic offenses. Even a single misdemeanor conviction can disqualify or push the eligibility date out.
Two scenarios where intervening conduct matters:
- Conviction during supervision. If you were convicted of a non-traffic offense while still on the underlying deferred adjudication or probation, you generally don’t qualify for non-disclosure of the underlying case — the supervision-period condition is unmet.
- Conviction during waiting period. If you were convicted of a non-traffic offense after the underlying discharge but before filing for non-disclosure, you generally don’t qualify for the underlying case — the waiting-period condition is unmet.
The strategic implication is that any new charges during a waiting period should be addressed with the eligibility horizon in mind. A plea structure that avoids a conviction (deferred adjudication for the new charge, dismissal, etc.) preserves the eligibility for the original case’s non-disclosure.
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Frequently asked questions
When can I file for expunction in Texas?
For acquittals and innocence-based pardons, immediately. For no-charge-filed cases, after the statute of limitations on the offense runs. For dismissed cases, after the dismissal-specific waiting period (often 180 days to 3 years depending on offense class). For Class C deferred disposition, immediately on successful completion.
How long do I wait to file for non-disclosure after deferred adjudication?
For most misdemeanors, no waiting period — file immediately after discharge. For misdemeanors under Penal Code chs. 20, 21, 22, 25, 42, 43, 46, or 71, wait 5 years. For felonies, wait 5 years. The petitioner must have no intervening conviction other than fine-only traffic during both the supervision period and the waiting period.
How long do I wait for DWI non-disclosure?
2 years if you operated an ignition interlock device for at least 6 months during community supervision (or completed the sentence with interlock for the full term). 5 years if you did not qualify for the interlock-reduced wait.
Does a new conviction restart my waiting period?
A new conviction during the waiting period generally disqualifies you from non-disclosure of the underlying case — the no-intervening-conviction condition is unmet. The disqualification is typically not curable by waiting longer; the petition must address why the new conviction doesn't bar relief, if any statutory carve-out applies.
When are juvenile records sealed in Texas?
Most juvenile records seal automatically at age 19 under Tex. Fam. Code ch. 58 if statutory conditions are met (no felony adjudication, no pending charges). Petition-based sealing is available before age 19 in some scenarios. Certified-as-adult cases follow Chapter 55A or Chapter 411 timing instead.
Can I file early if I have a compelling reason?
No. Texas record-clearing waiting periods are statutory and strict. Courts have no equitable power to shorten them. The petitioner must wait for the statutory condition to be met before filing.