Expunging a Criminal Record in Texas (2026)
Reviewed by DocDraft Legal Team · Texas · Last updated August 19, 2026
Texas is a restrictive record-clearing state that offers two very different remedies, and using the wrong word can mislead you. Expunction, governed by Code of Criminal Procedure Chapter 55A (moved from the old Chapter 55 effective January 1, 2025), is a true erasure but is available almost exclusively for arrests that did not lead to a conviction, such as acquittals, dismissals, no-bills, and completed Class C misdemeanor deferred dispositions. An order of nondisclosure under Government Code Sections 411.071 through 411.0775 only seals a record from public view; law enforcement, courts, and many licensing agencies still see it, and it is generally limited to people who completed deferred adjudication community supervision. Most Texas convictions cannot be expunged. Petitions are filed in the district or county court, and the state repository is the Texas Department of Public Safety.
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What are you trying to clear?
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What record-clearing relief does Texas offer and what is it called?
Texas offers two distinct remedies. Expunction, under Code of Criminal Procedure Chapter 55A, destroys the records of an arrest that did not end in conviction. An order of nondisclosure, under Government Code Chapter 411, only seals a record from public view while criminal justice and many licensing agencies still see it. They are not interchangeable.
What is eligible to expunge in Texas and what is the waiting period?
Texas expunction under Chapter 55A is generally limited to arrests with no conviction: acquittals, dismissals, no-bills, pardons, and completed Class C misdemeanor deferred dispositions. Petition waiting periods run from the arrest date: 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony arrest that produced no charge.
Can you expunge or seal a felony conviction in Texas?
A felony conviction generally cannot be expunged in Texas, because Chapter 55A expunction reaches only arrests without a conviction. A felony resolved through deferred adjudication may instead qualify for an order of nondisclosure under Government Code 411.0725 after a five-year waiting period, if the offense is not on the exclusion list, but this only seals the record.
Does Texas have automatic 'clean slate' sealing of criminal records?
Only narrowly. Texas has no broad automatic clean-slate law for convictions. Government Code 411.072 provides automatic nondisclosure for certain first-time, low-level misdemeanor deferred adjudications completed on or after September 1, 2017, where the court seals the record without a separate petition. Most people must still file a petition, and expunction is never automatic.
Texas Uses Two Tools: Chapter 55A Expunction and Government Code Nondisclosure
Texas separates record clearing into two mechanisms with very different legal effects, and naming the wrong one gives false hope. Expunction under Code of Criminal Procedure Chapter 55A (relocated from the former Chapter 55, effective January 1, 2025) is a genuine erasure that orders every agency holding the records to destroy them, but it is available almost exclusively for arrests that did not lead to a conviction: acquittals, dismissed or no-billed charges, arrests where no charge was filed, pardons, and successfully completed Class C misdemeanor deferred dispositions. Petition waiting periods run from the date of arrest, roughly 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony arrest that produced no charge. Most convictions cannot be expunged. The second tool, an order of nondisclosure under Government Code Sections 411.071 through 411.0775, does not destroy anything; it seals the record from public disclosure while criminal justice agencies, courts, and many licensing boards retain access. Nondisclosure generally requires successful completion of deferred adjudication community supervision for an eligible offense, with waiting periods from discharge that are immediate or two years for many misdemeanors and five years for felonies. Government Code 411.074 excludes serious offenses, including those requiring sex-offender registration, murder, capital murder, aggravated kidnapping, trafficking, injury to a child, elderly, or disabled person, stalking, and family-violence offenses. A limited automatic nondisclosure exists under Government Code 411.072 for certain first-time low-level misdemeanor deferred adjudications completed on or after September 1, 2017. Petitions are filed in the district or county court that handled the case, and the state repository that must update the record is the Texas Department of Public Safety.
Relevant Laws
Expunction of Criminal Records (Code of Criminal Procedure Chapter 55A)
Governs true expunction, a complete destruction of records, and is limited almost entirely to arrests that did not lead to a conviction, such as acquittals, dismissals, no-bills, pardons, and completed Class C misdemeanor deferred dispositions. Chapter 55A took effect January 1, 2025, carrying forward the eligibility rules of the former Chapter 55.
Orders of Nondisclosure (Government Code 411.071 through 411.0775)
Authorizes sealing certain records from public disclosure for people who completed deferred adjudication community supervision for an eligible offense. Section 411.0725 covers deferred-adjudication felonies and certain misdemeanors on a petition, and Section 411.072 provides automatic nondisclosure for certain first-time low-level misdemeanors. Nondisclosure does not destroy the record.
Eligibility, Waiting Periods, and Exclusions (Government Code 411.074)
Sets the required conditions and waiting periods for nondisclosure, typically immediate or two years for many misdemeanors and five years for felonies from discharge, and lists offenses that are permanently excluded, including sex-offender-registration offenses, murder, aggravated kidnapping, trafficking, injury to a child or elderly person, stalking, and family-violence offenses.
No General Federal Expungement of Texas Records
There is no broad federal law that expunges state convictions, so clearing a Texas record depends on Texas law: expunction under Chapter 55A for non-convictions and nondisclosure under Government Code Chapter 411 for eligible deferred-adjudication cases. Texas has no broad automatic clean-slate statute for convictions.
Regional Variances
Texas Record-Clearing Eligibility Table
Expunction eligibility (Code of Criminal Procedure Chapter 55A)
A true erasure available almost exclusively for arrests with no conviction: acquittals, dismissed or no-billed charges, arrests where no charge was filed, pardons or actual-innocence findings, and successfully completed Class C misdemeanor deferred dispositions. Most convictions cannot be expunged. Chapter 55A replaced the former Chapter 55 effective January 1, 2025.
Nondisclosure eligibility (Government Code 411.0725 and related)
Seals a record from public view but not from criminal justice agencies, courts, or many licensing boards. Generally requires successful completion of deferred adjudication community supervision for an eligible offense. Section 411.0725 covers deferred-adjudication felonies and certain misdemeanors on petition; Section 411.072 provides automatic sealing for certain first-time low-level misdemeanors completed on or after September 1, 2017.
Waiting periods
Expunction petition waiting periods run from the arrest date: about 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony arrest with no charge. Nondisclosure waiting periods run from discharge under Government Code 411.074: immediate or two years for many misdemeanors and five years for felonies, with no intervening convictions during the wait.
Excluded offenses (Government Code 411.074)
Certain offenses are permanently barred from nondisclosure regardless of a successful completion, including offenses requiring sex-offender registration, murder and capital murder, aggravated kidnapping, human trafficking and continuous trafficking, injury to a child, elderly individual, or disabled individual, stalking, and family-violence offenses. Family-violence and these violent or sexual offenses also fall outside conviction expunction.
Clean-slate status
Texas has no broad automatic clean-slate law for convictions. The only automatic relief is narrow nondisclosure under Government Code 411.072 for certain first-time low-level misdemeanor deferred adjudications completed on or after September 1, 2017. Expunction is never automatic, and most people must file a petition in a district or county court. The Texas Department of Public Safety holds the repository record.
Suggested Compliance Checklist
Determine whether you qualify for Texas expunction or only nondisclosure
Before you file anything days after startingIdentify your offense class and disposition, then confirm whether the arrest is a non-conviction eligible for expunction under Code of Criminal Procedure Chapter 55A or a completed deferred adjudication eligible only for an order of nondisclosure under Government Code Chapter 411. Check the Government Code 411.074 exclusion list, because using the wrong remedy wastes a filing fee.
Verify the applicable waiting period has passed
Before filing days after startingFor expunction, count from the arrest date: about 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony arrest with no charge. For nondisclosure, count from discharge under Government Code 411.074: immediate or two years for many misdemeanors and five years for felonies, with no disqualifying convictions during the wait.
Obtain your Texas DPS criminal history record
Before drafting the petition days after startingRequest your criminal history from the Texas Department of Public Safety so you can list the exact arrest date, offense, cause number, and every agency that may hold records. Accurate identifiers are required because the court order must direct DPS and each agency to destroy or seal the specific record.
Prepare and file the correct petition in the proper Texas court
When eligibility and the waiting period are confirmed days after startingFile a Petition for Expunction under Chapter 55A or a Petition for an Order of Nondisclosure under the applicable Government Code section in the district or county court for the county of arrest or prosecution. Pay the county filing fee or file a Statement of Inability to Afford Payment of Court Costs. There is no DocDraft expunction-petition generator, so use a court self-help form or an attorney.
Serve the prosecutor, attend any hearing, and confirm the record update
After filing, through the hearing and order days after startingGive notice to the district or county attorney and respondent agencies, attend any hearing with proof of eligibility, and after the judge signs the order deliver certified copies to the Texas Department of Public Safety and every listed agency. Follow up to confirm the record is actually destroyed or sealed. An attorney can help if your case is contested or complex.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Determine whether you qualify for Texas expunction or only nondisclosure | Identify your offense class and disposition, then confirm whether the arrest is a non-conviction eligible for expunction under Code of Criminal Procedure Chapter 55A or a completed deferred adjudication eligible only for an order of nondisclosure under Government Code Chapter 411. Check the Government Code 411.074 exclusion list, because using the wrong remedy wastes a filing fee. | - | Before you file anything |
| Verify the applicable waiting period has passed | For expunction, count from the arrest date: about 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony arrest with no charge. For nondisclosure, count from discharge under Government Code 411.074: immediate or two years for many misdemeanors and five years for felonies, with no disqualifying convictions during the wait. | - | Before filing |
| Obtain your Texas DPS criminal history record | Request your criminal history from the Texas Department of Public Safety so you can list the exact arrest date, offense, cause number, and every agency that may hold records. Accurate identifiers are required because the court order must direct DPS and each agency to destroy or seal the specific record. | - | Before drafting the petition |
| Prepare and file the correct petition in the proper Texas court | File a Petition for Expunction under Chapter 55A or a Petition for an Order of Nondisclosure under the applicable Government Code section in the district or county court for the county of arrest or prosecution. Pay the county filing fee or file a Statement of Inability to Afford Payment of Court Costs. There is no DocDraft expunction-petition generator, so use a court self-help form or an attorney. | - | When eligibility and the waiting period are confirmed |
| Serve the prosecutor, attend any hearing, and confirm the record update | Give notice to the district or county attorney and respondent agencies, attend any hearing with proof of eligibility, and after the judge signs the order deliver certified copies to the Texas Department of Public Safety and every listed agency. Follow up to confirm the record is actually destroyed or sealed. An attorney can help if your case is contested or complex. | - | After filing, through the hearing and order |
Frequently Asked Questions
Texas charges a civil filing fee set by each county's district or county clerk, commonly a few hundred dollars, plus possible service and certified-copy costs. Amounts vary by county. If you cannot afford the fee, you can file a Statement of Inability to Afford Payment of Court Costs to ask the court to waive it. Attorney fees, if you hire one, are separate.
In Texas the timeline depends on the court's docket and the type of relief. After you file, the prosecutor and agencies get notice, and expunction usually requires a hearing that may be set weeks or months out. Once the judge signs the order, the Texas Department of Public Safety and other agencies still need time to destroy or seal the record, so full completion can take several months.
Yes. An order of nondisclosure under Texas Government Code Chapter 411 only seals the record from public disclosure. Criminal justice agencies, the courts, and many licensing entities listed in the statute retain access, and the record can still surface in certain government, school, and healthcare background checks. Only an expunction under Chapter 55A actually destroys the record, and it is limited to non-convictions.
After a Texas expunction under Chapter 55A, you may generally deny that the arrest occurred, except when questioned under oath in a criminal proceeding, where you may state only that the matter was expunged. After an order of nondisclosure, the rules are narrower: the record is sealed from most private employers but remains visible to certain agencies, so answer any licensing or government question carefully.
It depends on the outcome. A Texas DWI arrest that ended in acquittal, dismissal, or no charge may qualify for expunction under Chapter 55A after the applicable waiting period. A DWI resolved by conviction generally cannot be expunged, though some first-time DWI cases became eligible for an order of nondisclosure under Government Code 411.0731 if statutory conditions and the waiting period are met. Family-violence and excluded offenses do not qualify.
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