Expunging or Sealing a Felony in Texas
Which felony convictions can be expunged or sealed in Texas, the waiting period, and how to file.
Short answer: 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. Tex. Gov't Code §§ 411.0725(e)(3), 411.074; Tex. Code Crim. Proc. arts. 55A.003, 55A.004, 55A.101
| Felony convictions | 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. |
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| How to apply | 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. |
| What clearing a record does | 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 provisions reviewed do not address firearm rights, except that federal prohibited-person mental health information is kept regardless of expunction (art. 55A.3025). Neither remedy may change how federal immigration authorities treat a record. |
Where to get help in Texas
More Texas expungement & criminal records
- Getting a Copy of Your Texas Criminal Record
- Clearing a DUI From Your Record in Texas
- How to File for Expungement in Texas
- Sealing or Expunging Juvenile Records in Texas
- All Texas expungement & criminal records rules
FAQ
Can a felony be expunged in Texas?
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.
How do you file for expungement in Texas?
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.
What happens after a record is expunged or sealed in Texas?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.