Texas has two completely separate systems for clearing a criminal record, and mixing them up is the single most common mistake people make. Expunction erases the record entirely — the arrest is treated as if it never happened. An Order of Nondisclosure seals the record from public view but does not destroy it. Which one you may be eligible for depends on how your case ended, not how serious the charge was.
Here is the critical distinction: expunction is for cases where you were not convicted — acquittals, dismissals, and arrests where charges were never filed. Nondisclosure is for cases where you completed deferred adjudication — a form of probation that ends without a formal conviction. If you were convicted and sentenced, Texas generally offers no pathway to clear that record. That is a hard truth, and this guide will not sugarcoat it.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Expunction vs. nondisclosure — understanding the two systems
Expunction is the more powerful remedy. When a court grants expunction, agencies that hold records of the arrest are ordered to destroy or clear them. DPS updates the state criminal history record. After expunction, you can usually deny the arrest ever happened.
An Order of Nondisclosure is different. It seals the record from public disclosure. Private employers, landlords, and the general public cannot access it. But the record still exists, and certain government users can still retain access.
- Texas Courts self-help expunction page
- TexasLawHelp guide to expunctions and nondisclosures
- Texas State Law Library self-help materials
Use the claim-backed timing and fee cards in this article for the current numbers, then confirm the filing steps with the official court resources.
Who qualifies for expunction — and who qualifies for nondisclosure
These are separate eligibility tracks. Eligibility falls under one or the other based on how your case was resolved — not based on the offense type alone.
Expunction is for non-convictions. If your case ended in a conviction — even a misdemeanor — Texas does not allow expunction. Deferred adjudication that was successfully completed is NOT a conviction, but it is also not eligible for expunction (except for Class C misdemeanors). It qualifies for nondisclosure instead.
- Completed deferred adjudication
- Certain first-time misdemeanors
- First DWI with a qualifying record
- Class C misdemeanors
Nondisclosure requires that deferred adjudication was completed successfully. If your deferred adjudication was revoked and you received a final conviction, nondisclosure is not available.
Waiting periods
Texas waiting periods vary depending on whether you are seeking expunction or nondisclosure, the severity of the offense, and how the case was resolved. Pay close attention to the starting point for each waiting period — it is different for expunction and nondisclosure.
The clock starts on the date shown below — not your arrest date.
Expunction — acquittal or not guilty verdict
Clock starts: Date of acquittal
This is the cleanest expunction path because the case ended in a non-conviction.
Expunction — Class C misdemeanor dismissal or no charges
Clock starts: Date of dismissal or arrest
Use the Texas waiting-period claim for the current filing window.
Expunction — Class A/B misdemeanor dismissal or no charges
Clock starts: Date of dismissal or arrest
This tracks the same non-charge path, but the waiting period is different by offense class.
Expunction — felony dismissal or no charges
Clock starts: Date of dismissal or arrest
This is the longest expunction wait in the state data set.
Nondisclosure — felony deferred adjudication
Clock starts: Date deferred adjudication ended
The sealed-record path usually starts after completion of supervision.
Nondisclosure — misdemeanor deferred adjudication
Clock starts: Date deferred adjudication ended
Some misdemeanors may qualify sooner than others.
Nondisclosure — first DWI with interlock
Clock starts: Date sentence completed
Texas keeps a narrow DWI sealing path with offense-specific timing.
Nondisclosure — first DWI without interlock
Clock starts: Date sentence completed
Check the current Texas nondisclosure rules before relying on any old summary.
The DWI exception — HB 3016
For years, DWI was treated as a dead end in Texas. That is no longer the entire story, but the remaining nondisclosure path is narrow and depends on the current state data.
Texas still treats first-offense DWI as a narrow nondisclosure path. If you think this is your situation, check the current Texas claim before filing:
- First-offense DWI uses a narrower nondisclosure path than most misdemeanor cases.
- The timing depends on the current Texas claim and whether interlock was part of the sentence.
- Check the current interlock timeline
- Check the current no-interlock timeline
Do not rely on an older HB 3016 summary without checking the current state data.
How to file for expunction in Texas
The expunction process in Texas involves filing a petition with the district court, serving all relevant agencies, and attending a hearing. If you meet the statutory criteria, the judge must grant the expunction — it is not discretionary.
The Texas expunction process
Get your Texas criminal history
A short request period • Check the current DPS feePull your court records
Varies by county • County copy fees varyVerify the waiting period
Depends on the offense • FreePrepare the Petition for Expunction
A focused drafting session • Free (or attorney fees if you hire help)File the petition in the district court
After filing • County filing feeServe all relevant agencies
Several weeks • Service costs vary by agency and countyAttend the expunction hearing
Brief hearing • Free (attorney fees separate)Order entered — agencies destroy records
Record update period • FreeWhat to bring when you file
- Texas DPS criminal history record
- Court records showing case disposition
- Completed expunction petition with case details
- List of every agency that has records of the arrest
- Current filing fee amount
- Any service paperwork the clerk requires
- Government-issued photo ID
- Two copies of everything
For nondisclosure petitions, the documents are similar but the petition form and filing steps are different.
Not legal advice. This guide explains how the law generally works. Your situation may be different. A lawyer who specializes in expungement can tell you how the law applies to your specific case.
What expunction and nondisclosure actually do
- All agencies must destroy records of the arrest
- DPS deletes the entry from your state criminal history
- You can legally deny the arrest ever occurred, even under oath in most situations
- Employers who run background checks will not find the arrest
- You are restored to the legal status you had before the arrest
- The record is sealed from public access — most employers and landlords cannot see it
- Criminal justice agencies retain full access to sealed records
- Certain licensing boards (medical, law, education, law enforcement) retain access
- Federal agencies and federal background checks are not affected by a state nondisclosure order
- You can answer "no" to most private employer questions about criminal history — but not to covered government entities
- Private background check companies must remove the record from public reports
Nondisclosure is weaker than expunction but still meaningful. It removes the record from the background checks most employers actually run.
Free and low-cost legal help in Texas
- Texas Law Help — free legal information and self-help resources: texaslawhelp.org
- Texas RioGrande Legal Aid — serves South and West Texas: trla.org or 1-888-988-9996
- Lone Star Legal Aid — serves East and Southeast Texas: lonestarlegal.org
- Legal Aid of NorthWest Texas — serves Dallas-Fort Worth and North Texas: lanwt.org
- Texas State Law Library — free self-help guides for expunction: sll.texas.gov
- Clean Slate Texas — eligibility screening and resources: cleanslatetexas.org
- State Bar of Texas Lawyer Referral Service: texasbar.com — reduced-fee consultations
Many Texas legal aid organizations host free expunction clinics. Contact the organization serving your area and ask when the next clinic is scheduled.
Texas law draws a hard line: if you were convicted, the record stays. But if your case ended in an acquittal, a dismissal, or you successfully completed deferred adjudication, there is a pathway. The question is which pathway — expunction or nondisclosure — and whether you meet the specific requirements. Use the free options guide to find out where you stand.
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