Texas Expungement Laws: How to Clear or Seal a Criminal Record

Texas has two main remedies. "Expunction" erases arrest records and files, mainly when there was no conviction, plus a few conviction situations such as a pardon. It is governed by Chapter 55A of the Code of Criminal Procedure, effective January 1, 2025. An "order of nondisclosure" seals criminal history from the public. Criminal justice agencies and some other government agencies can still see it. Nondisclosure is available after deferred adjudication and for some first-time misdemeanor and DWI convictions. The Governor can grant pardons on the recommendation of the Board of Pardons and Paroles.

A person who was arrested and released, whose charge did not end in a final conviction and is no longer pending, and who had no court-ordered community supervision (other than for a Class C misdemeanor) is entitled to expunction in these cases: (1) No charge was filed, and the waiting period has passed: 180 days after arrest for a Class C misdemeanor, one year for a Class A or B misdemeanor, or three years for a felony. The waiting period does not apply if the prosecutor certifies the records are not needed. (2) The charge was dismissed or quashed because the person completed a veterans or mental health court or pretrial intervention program, or because of a lack of probable cause, or because the charge was void. (3) The statute of limitations has expired. A trial acquittal also brings expunction, and the order must be entered within 30 days of the acquittal at the person's request. Expunction is not allowed if the person was convicted of, or can still be prosecuted for, another offense in the same criminal episode, or if the person absconded.

Texas does not expunge misdemeanor convictions except in special cases (a pardon, or a pre-September 2021 unlawful-carrying-of-handgun conviction). Orders of nondisclosure are available as follows. Deferred adjudication for most nonviolent misdemeanors: the court must issue the order once supervision is discharged and dismissed, if the person has no prior record other than fine-only traffic offenses. Other deferred-adjudication misdemeanors: the person may petition right after discharge, or two years later for offenses in certain chapters, such as assault-type offenses. Misdemeanor convictions for a person with no prior record: the person may petition on completing the sentence (fine-only offenses) or two years after (other misdemeanors). This does not apply if the court finds the offense was violent or sexual, other than simple assault. No one is eligible who has a sex-offender-registration offense, a family-violence offense, or certain serious listed offenses on the record, or who committed a new offense during the waiting period.

A felony conviction can be expunged only after a pardon or an acquittal on appeal. A person who completed deferred adjudication for a felony, with discharge and dismissal, may petition for an order of nondisclosure five years after the discharge. Excluded are offenses requiring sex-offender registration, family-violence offenses, and certain listed offenses such as murder, capital murder, aggravated kidnapping, human trafficking, injury to a child or elderly person, and stalking. The court must find the order is in the best interest of justice.

Partly. For deferred adjudication on most nonviolent misdemeanors, the court must issue an order of nondisclosure when it discharges and dismisses the case (or soon after the 180th day). The person pays a $28 fee and shows eligibility, but no separate petition is required. Juvenile records are sealed without an application when the person meets the statutory conditions. Most other relief requires a petition.

Some DWI convictions can get an order of nondisclosure. A person convicted of DWI (Penal Code § 49.04), other than the elevated offense under § 49.04(d), with no prior record other than fine-only traffic offenses, may petition after completing the sentence. The wait is three years if the person used an ignition interlock for at least six months as a sentence condition, and five years otherwise. The order is denied if the prosecutor shows the offense caused a collision involving another person. Separate provisions cover DWI and BWI deferred adjudication and community supervision.

Juvenile records are sealed, not expunged. A person referred for delinquent conduct is entitled to sealing without applying if the person is at least 19, was never adjudicated for felony-grade conduct, has no pending juvenile matters, was not transferred to adult court, and has no adult felony or jailable misdemeanor conviction or pending charge. The Department of Public Safety certifies eligibility to the juvenile probation department. A person may also apply to the juvenile court for sealing, and the court may not charge a filing fee. A person whose records are sealed generally does not have to disclose the matter.

Expunction: file a verified ex parte petition in district court in the county of the arrest or offense. For fine-only offenses, file in justice court or a municipal court of record. The petition must include identifying information and must list the agencies that hold records. The court sets a hearing at least 30 days after filing and notifies each listed agency. Nondisclosure: file a petition with the court that placed the person on deferred adjudication or imposed the sentence. It can be filed in person, electronically, or by mail, using model forms from the Office of Court Administration. The court notifies the State, and a hearing is required unless the State does not request one within 45 days and the court finds the person eligible and the order in the best interest of justice.

A petition for an order of nondisclosure must include the fee that generally applies to filing a civil case. For the deferred-adjudication nonviolent misdemeanor process under § 411.072, the person pays a $28 fee to the clerk instead. Juvenile sealing applications are free.

When an expunction order is final, releasing, keeping, sharing or using the expunged records for any purpose is prohibited. The person may deny that the arrest happened and that the expunction order exists. When asked under oath in a criminal proceeding, the person may say only that the matter has been expunged. With an order of nondisclosure, courts and criminal justice agencies may not disclose the information to the public, though some government agencies listed in the law can still get it. The person does not have to mention the proceeding on job, information or licensing applications. Nondisclosed conviction information can still be used in later criminal cases.

The Governor may grant clemency only on the written recommendation of a majority of the Texas Board of Pardons and Paroles. Clemency includes full pardons (after a conviction or after completing deferred adjudication), conditional pardons, pardons for innocence, commutations and reprieves. A person convicted and later pardoned, whether for innocence or another reason, is entitled to expunction of the arrest records.

The Texas Department of Public Safety (DPS) Crime Records Service is the repository for Texas criminal history. For a fingerprint-based "personal review" of your own record, schedule an appointment at a DPS FAST fingerprint location through IdentoGO (online or 1-888-467-2080, 8 a.m.-9 p.m. Central) and bring a driver's license or other valid ID and payment; the record check is $15 plus a $10 FAST fingerprinting fee. Results may take about 10 business days. DPS also offers an online name-based conviction search. Status questions: 512-424-2365, option 6, or fingerprint.service@dps.texas.gov. DPS covers Texas records only; FBI records are handled by the FBI CJIS Division.