How to 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.

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.

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.

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.