Record Clearing FAQ
Texas Expungements and Nondisclosures
What Is An Expunction?
An expunction (expungement) is a court order requiring agencies to delete, destroy, or return records of an arrest/case and to remove index references. After expunction, you may generally deny the arrest/case, with narrow exceptions.
Statutes: Tex. Code Crim. Proc. arts. 55A.051–55A.054, 55A.151–55A.154, 55A.251–55A.253, 55A.351–55A.353.
What Is A Nondisclosure?
An Order of Nondisclosure seals your criminal history from public view. Most employers/landlords cannot access sealed records; law enforcement and certain licensing agencies still can.
Statutes: Tex. Gov’t Code ch. 411, subch. E-1.
How Long Does The Process Take?
Most expunctions or nondisclosures take about 5–8 weeks from filing to a signed order, depending on the court’s docket, prosecutor response, and agency notice/service.
Reference: Arts. 55A.351–55A.353 (agency duties).
Do I Qualify To Have My Dismissed Case Expunged?
Eligible if dismissal was based on (art. 55A.053(a)(2)(A)–(E)):
- Completion of a pretrial intervention/diversion program
- Mistake, false information, or no probable cause
- Charging instrument void, or other statutory grounds
- Released, not convicted, not pending; no community supervision (other than Class C deferred)
Bars (arts. 55A.151–55A.154):
- Still subject to prosecution for another offense from same episode (55A.151)
- Probation-violation warrant or absconding after bond (55A.153–55A.154)
Statutes: Arts. 55A.051, 55A.053(a)(2), 55A.151–55A.154, 55A.251–55A.253.
Can I Expunge My Arrest If Charges Were Never Filed?
No charging instrument filed — waiting periods (art. 55A.052(a)):
- Class C: 180 days
- Class B/A: 1 year
- Felony (or related felony): 3 years
- Or earlier with a prosecutor certification
Limitations route (art. 55A.054):
- Available once statute of limitations has expired
Bars:
- Pending case from the arrest, or community supervision (other than Class C)
- Absconding after release on bond (55A.154)
Statutes: Arts. 55A.052(a)(1)–(4), 55A.054, 55A.154.
Can I Expunge My Class C Misdemeanor?
Common paths:
- Deferred disposition → dismissal → expunction
- No complaint filed + 180 days since arrest
- Acquittal or pardon
- Class C community supervision does not bar expunction
- File in justice/municipal court for fine-only offenses
Statutes: Arts. 55A.051, 55A.052, 55A.252.
Do I Qualify For An Automatic Nondisclosure?
Eligible (Gov’t Code § 411.072) when ALL apply:
- Misdemeanor; deferred adjudication completed
- First offender(except fine-only traffic)
- 180 days since placement on deferred
Not automatic if:
- DWI/BWI or misdemeanors under PC chs. 20, 21, 22, 25, 42, 43, 46, 71
- Judge finds nondisclosure not in the interest of justice
Statute: Tex. Gov’t Code § 411.072.
Can I Seal My Class C Misdemeanor?
Most Class C matters should be expunged. A convicted Class C with community supervision after conviction may qualify for nondisclosure under § 411.073 if eligible.
Statutes: Tex. Gov’t Code § 411.073; Tex. Code Crim. Proc. ch. 55A.
Can I Seal My DWI / BWI?
Deferred DWI/BWI — § 411.0726
- First offender; discharged/dismissed; wait 2 years
- No accident, no CDL/CLP, no BAC ≥ 0.15, no § 49.09 enhancement
DWI conviction + probation — § 411.0731
- First-offender Class B; all fines/costs paid
- Wait 2 years with ≥6 mo interlock, otherwise 5 years
- Same exclusions (accident, CDL/CLP, BAC ≥ 0.15)
DWI conviction without probation — § 411.0736
- Certain first-offender Class B after sentence completed
- Wait 3 years with interlock, otherwise 5 years
Statutes: §§ 411.0726, 411.0731, 411.0736; global disqualifiers § 411.074.
Can I Seal My Misdemeanor Conviction?
Conviction + community supervision — § 411.073
- Completed probation; fines/costs paid
- Immediate for most; 2-year wait if in PC chs. 20,21,22,25,42,43,46
Confinement (no probation) — § 411.0735
- Fine-only: immediate; otherwise 2 years
Global disqualifiers — § 411.074
- Registerable sex offense, aggravated kidnapping, murder, trafficking, injury/abandoning child, PO violations, stalking, or any offense involving family violence
- New non-traffic convictions/deferred during probation or waiting period
Statutes: §§ 411.073, 411.0735, 411.074.
Can I Seal My Misdemeanor That Was Deferred?
Eligibility — § 411.0725
- Deferred adjudication → discharged/dismissed
- Immediate at discharge for most; 2 years if in PC chs. 20,21,22,25,42,43,46
- DWI/BWI use § 411.0726
Statutes: §§ 411.0725, 411.074.
Can I Seal My Felony That Was Deferred?
Eligibility — § 411.0725(c)
- Deferred adjudication for a felony; discharged/dismissed
- 5-year wait after discharge
- Not DWI/BWI (those use § 411.0726)
Statutes: §§ 411.0725(c), 411.074.
Do I Qualify For An Immediate Misdemeanor Nondisclosure?
Immediate when:
- Deferred adjudication misdemeanors not in PC chs. 20,21,22,25,42,43,46 — § 411.0725(b)
- Misdemeanor convictions with probation not in those chapters — § 411.073(b)
Statutes: §§ 411.0725(b), 411.073(b).
Misc.
Dallas County focus: We handle arrests from cities across Dallas County (Addison, Balch Springs, Carrollton, Cedar Hill, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Garland, Grand Prairie, Irving, Mesquite, Richardson, Rowlett, etc.).
Links: DA · Criminal District Courts · District Clerk · eFileTexas · DPS Crime Records
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