Can You Clear or Seal Your Texas Criminal Record?

Expunction or nondisclosure: which one fits your record

An expunction destroys the records of an arrest. An order of nondisclosure only seals them from the public, and criminal justice agencies can still share a sealed record with licensing agencies and a long list of other entities (Gov’t Code § 411.0765). If you qualify for an expunction, that’s the one you want. Since January 1, 2025, Texas expunctions are governed by Chapter 55A of the Code of Criminal Procedure (added by H.B. 4504). Nondisclosure lives in Government Code Chapter 411, Subchapter E-1.

Arrested, but never charged

If no indictment or information was ever filed, you’re entitled to an expunction once enough time has passed since the arrest (Code Crim. Proc. art. 55A.052):

• 180 days for a Class C misdemeanor
• one year for a Class B or Class A misdemeanor
• three years for a felony, or if a felony charge came out of the same incident
• no wait at all if the prosecutor certifies the records aren’t needed for any investigation or prosecution

The waiting period applies whether or not the statute of limitations has run. The clock starts on the day of the arrest, not the day you find out nothing was filed. If the time has passed, you can file now.

Case dismissed after pretrial intervention

A dismissal earned by completing a pretrial intervention program qualifies for expunction (art. 55A.053(a)(2)(C)). So does a dismissal because the charge was filed by mistake or without probable cause, or because the charging document was void. Veterans treatment court and mental health court dismissals qualify too, but each of those can be used only once. If your case was dismissed for some other reason, the usual route is art. 55A.054, which allows an expunction once the statute of limitations for the offense has expired.

Found not guilty

An acquittal entitles you to an expunction (art. 55A.002), and the trial court is supposed to tell you so. The order can be entered within 30 days of the verdict on your request (art. 55A.201). The exception is an acquittal for one charge when you were convicted of, or can still be prosecuted for, another offense from the same criminal episode (art. 55A.151).

Why deferred adjudication above a Class C can’t be expunged

The no-charge and dismissal routes in Chapter 55A apply only when there was no court-ordered community supervision, other than for a Class C misdemeanor (art. 55A.051(3)). Deferred adjudication is community supervision. So a completed deferred on anything above a Class C is off the table for expunction, even though the case was dismissed at the end.

That’s where nondisclosure comes in. Most misdemeanor deferreds can be sealed right at discharge, and some first-time nonviolent misdemeanors get the order without a contested petition (Gov’t Code §§ 411.072, 411.0725). A felony deferred has to wait five years after discharge (§ 411.0725(e)(3)). You’re barred if you picked up a new offense other than a fine-only traffic ticket during the waiting period, or if the offense is on the statute’s excluded list, which includes family violence, stalking and offenses requiring sex offender registration (§ 411.074).

The tool above gives you a starting answer. We pull the actual DPS and court records, because the date on a dismissal or the wording of a judgment decides more of these cases than people expect. Read about our expunction practice in Houston and how long an expunction takes, then call (713) 664-4000 for a free consultation.