Texas Expunction vs. Nondisclosure: How to Clear Your Record
Texas has two systems: expunction (acquittals and dismissals) and nondisclosure (deferred adjudication). Learn which applies, fees, and how to file.
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 is not legal advice.
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 (Texas Code of Criminal Procedure, Article 55.01) is the more powerful remedy. When a court grants expunction, every agency that holds records of the arrest is ordered to destroy them. DPS deletes it from the state criminal history database. The arresting agency destroys its records. The court records are destroyed. After expunction, you can legally deny the arrest ever happened — even under oath in most situations.
An Order of Nondisclosure (Texas Government Code, Chapter 411, Subchapter E-1) 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 criminal justice agencies, certain licensing boards, and some government entities retain access. You cannot legally deny the arrest when asked by a covered entity that retains access.
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.
May qualify
- Acquittals (not guilty verdicts at trial)
- Cases where charges were dismissed
- Arrests where charges were never filed (after statute of limitations expires)
- Pardoned offenses
- Cases of actual innocence
- Certain Class C misdemeanor convictions with deferred adjudication
- Identity theft arrests (someone used your identity)
Generally does not qualify
- Most convictions — Texas does NOT allow expunction of convictions (with rare exceptions)
- Deferred adjudication that was revoked (you received a final conviction)
- Offenses requiring sex offender registration
- Aggravated kidnapping, murder, trafficking of persons
- Family violence offenses (for nondisclosure)
- Stalking offenses (for nondisclosure)
- Any offense involving a minor victim (for nondisclosure)
- DWI with BAC of 0.15 or higher, or DWI involving an accident with another person
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 for most misdemeanors
- Completed deferred adjudication for most non-violent felonies (after 5 years)
- First-offense DWI with BAC under 0.15 (HB 3016, after waiting period)
- Certain misdemeanors eligible for automatic nondisclosure (no petition needed)
- Completed veterans court treatment programs
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.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Expunction — acquittal or not guilty verdict
Clock starts: Date of acquittal
True expunction. The record is destroyed as if it never happened.
Expunction — charges dismissed (no community supervision)
Clock starts: Date of dismissal
Class C misdemeanor: 180 days. Class A/B misdemeanor: 1 year. Felony: 3 years. Statute of limitations must have expired.
Expunction — no charges filed after arrest
Clock starts: Date of arrest
Same waiting periods as dismissals. Statute of limitations must have run.
Nondisclosure — misdemeanor (deferred adjudication completed)
Clock starts: Date deferred adjudication discharged
Some misdemeanors qualify for immediate automatic nondisclosure. Others require a 2-year waiting period. Depends on the offense.
Nondisclosure — felony (deferred adjudication completed)
Clock starts: Date deferred adjudication discharged
Only non-violent, non-sexual felonies. Prosecutor notification is required.
Nondisclosure — DWI first offense (HB 3016)
Clock starts: Date sentence completed
Only first offense DWI with BAC under 0.15. Must not have caused accident with another person. Added by HB 3016 (2017).
The DWI exception — HB 3016
For years, DWI was a complete dead end in Texas. No expunction. No nondisclosure. A DWI conviction followed you permanently.
In 2017, Texas passed House Bill 3016, which created a narrow pathway for first-time DWI offenders. If you meet all of these conditions, you may petition for nondisclosure:
- First DWI offense — no prior alcohol or drug-related offenses
- Blood alcohol concentration (BAC) was under 0.15 at the time of arrest
- No accident involving another person
- You completed your sentence, including any probation, interlock device, or community service
- Waiting period: 6 months if you had an ignition interlock device during probation, or 2 years without an interlock
This is a meaningful change, but the eligibility is narrow. Second offenses, high BAC, and DWI with injury are still permanently ineligible.
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
- 1
Get your Texas criminal history
1-2 weeks$15Request your criminal history record from the Texas Department of Public Safety (DPS). This shows every arrest, charge, and disposition in Texas. You need it to confirm what is on your record and to gather the details for your petition. Order online at txdps.state.tx.us.
DPS criminal history records are available online. You will need your name, date of birth, and Social Security number to request your record.
- 2
Pull your court records
1-5 daysVaries by county, typically $5-$20Get the case records from the court where your case was handled. You need the case number, arrest date, offense, and disposition (acquittal, dismissal, or no charges filed). Many Texas county courts have online case search tools.
- 3
Verify the statute of limitations has run
Depends on your offense classFreeFor dismissed cases and arrests where charges were never filed, you must wait until the applicable statute of limitations has expired before you can petition for expunction. For Class C misdemeanors that is 180 days, for Class A and B misdemeanors it is 1 year, and for felonies it is 3 years from the arrest date.
If you were acquitted (found not guilty), there is no waiting period — you can file immediately.
- 4
Prepare the Petition for Expunction
1-3 hoursFree (or attorney fees if you hire help)Texas does not have a single statewide form for expunction petitions. Many counties provide their own forms, or you can draft the petition following the requirements in Texas Code of Criminal Procedure Article 55.01. The petition must include: your name, arrest date, offense charged, case number, and the specific ground for expunction.
The Texas State Law Library at sll.texas.gov has free self-help guides for expunction petitions, including templates. Check there before starting from scratch.
- 5
File the petition in the district court
1 day$200-$300 (varies by county, plus service fees for each agency)File the petition with the district clerk in the county where you were arrested. Pay the filing fee at this step. The district clerk will set a hearing date, usually 30-60 days after filing.
As of September 2025, new legislation reduces service costs by allowing electronic service to agencies. Ask the clerk about e-service options.
- 6
Serve all relevant agencies
2-4 weeks$25-$50 per agency (electronic service may be free under 2025 rules)Every agency that has a record of the arrest must be served with notice of the hearing. This includes DPS, the arresting law enforcement agency, the district or county attorney, and any other agency listed in the petition. Service fees apply for each agency served.
- 7
Attend the expunction hearing
30-60 minutesFree (attorney fees separate)The court holds a hearing on your petition. If you meet all the statutory requirements, the judge must grant the expunction — it is mandatory, not discretionary. You or your attorney should be prepared to show that you meet the legal criteria. Bring all supporting documents.
Unlike many states where the judge has discretion, Texas expunction is mandatory if you meet the criteria. The hearing confirms eligibility.
- 8
Order entered — agencies destroy records
30-60 days for agencies to complyFreeOnce the judge signs the expunction order, all agencies must destroy their records of the arrest. DPS updates the state criminal history database. The arrest is treated as if it never occurred. You can legally deny it ever happened.
Private background check companies may still show the arrest after expunction. Send a certified copy of the court order and demand removal. They are required to comply.
What to bring when you file
- Texas DPS criminal history record ($15 from txdps.state.tx.us)
- Court records showing case disposition (acquittal, dismissal, or no charges filed)
- Completed expunction petition with case details
- List of every agency that has records of the arrest (police, DPS, DA, jail)
- Filing fee ($200-$300 depending on county)
- Service fee payment for each agency
- Government-issued photo ID
- Two copies of everything
For nondisclosure petitions, the documents are similar but the petition form and filing fee are different. Nondisclosure petitions are filed in the court that placed you on deferred adjudication.
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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