You may be able to clear or seal a criminal record in Texas, depending on the outcome of your case and how much time has passed since the arrest or conviction.
Expunction vs. nondisclosure: what’s the difference
An expunction completely removes a criminal record. Once granted, the record is destroyed or redacted and you may legally deny the incident occurred. Under Chapter 55A of the Texas Code of Criminal Procedure, eligibility usually requires a non-conviction outcome such as a dismissal, acquittal or pardon.
A nondisclosure order, on the other hand, seals your record from the public but allows law enforcement and some agencies to view it. This option may apply after completing deferred adjudication or certain misdemeanor convictions.
Who may qualify
Whether you can clear or seal your record depends on how your case was resolved and what type of supervision or sentence you received. Eligibility depends on the type of case and its final outcome:
- Expunction: Charges dismissed or never filed after the waiting period.
- Expunction: Not guilty verdict or pardon.
- Expunction: Class C deferred adjudication completed successfully.
- Nondisclosure: Deferred adjudication for eligible misdemeanors or felonies.
- Nondisclosure: First-time misdemeanor conviction with no disqualifying offenses.
- Not eligible: Any offense involving family violence, sex registration or serious violence.
Even if you qualify for one charge, another charge from the same arrest may make you ineligible.
Waiting periods that apply
The time since your case closed can affect when you can apply. You must usually wait a certain time before filing:
- Class C misdemeanor: 180 days post-arrest.
- Class A or B misdemeanor: 1 year post-arrest.
- Felony: 3 years after arrest.
For nondisclosure, the waiting period may range from immediate to 5 years depending on the offense.
Filing the petition
To move forward, you must file a petition with the proper court, notify all relevant agencies and pay filing fees. The process may involve a hearing and specific documentation such as a fingerprint card from the Department of Public Safety.
Exercising your next options
Eligibility rules are complex and depend on details unique to each case. An attorney can review your record, determine whether you qualify and help you prepare the correct filings.