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Clearing your Texas criminal record: Expungement or nondisclosure

On Behalf of | Aug 7, 2026 | Criminal Defense |

An old arrest can follow you into job interviews, rental applications and licensing reviews. That weight feels unfair when the case never ended in a conviction. Texas law offers two paths that may help you move forward.

What an expungement can do

An expungement destroys the records of an arrest and charge held by courts, police agencies and state databases. It may apply if the court dismissed your case or a jury acquitted you. It may also apply if prosecutors never filed charges. Waiting periods vary by charge level, from 180 days for Class C misdemeanors to three years for felonies. Texas Code of Criminal Procedure Chapter 55A sets out who qualifies for this relief. Once a judge grants the order, you can generally deny that the arrest ever happened.

What a nondisclosure order seals

A nondisclosure order does not erase your record. It hides the offense from private employers, landlords and most background check companies. Law enforcement, criminal justice agencies and some licensing boards can still see it. Texas Government Code Chapter 411, Subchapter E-1 governs these orders. People who complete deferred adjudication may qualify, though Texas law excludes many serious offenses.

How the filing process usually works

Most requests follow a similar path. Here’s what you need to know:

  • Confirm eligibility: Check that the waiting period has passed and your charge qualifies.
  • File the petition: Submit it in the county where the arrest happened.
  • Pay the fees: Filing costs often start near $100 and can run higher.
  • Notify the agencies: The state, arresting agency and district attorney all receive notice.

Review across state and private reporting agencies can still take several months.

Why a clean slate matters

Expungement and nondisclosure both limit who sees your past, though they reach different cases. Eligibility depends on how your case ended and how much time has passed. A cleaner record could reopen doors to employment, housing and professional licensing. The rules for erasing or sealing a record can be strict. If your history includes several cases or contested facts, an attorney can help you understand your options.

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