Am I Eligible for an Expunction or Nondisclosure in Texas?

If you've been arrested or charged with a crime in Texas, you may be wondering whether it's possible to clear your record. At Texas Defenders, our criminal defense team helps clients across Dallas, Fort Worth, and Collin County explore their eligibility for expunction or nondisclosure—two legal tools that can help give you a fresh start.

Below is a simplified overview of eligibility for expunction and nondisclosure under Texas law. This is general information only—not legal advice. For a personalized evaluation of your case, call 214-306-9696 to speak with our team directly.

What Is an Expunction?

An expunction (sometimes called an "expungement") completely removes a criminal record from public view and government databases. If granted, all arrest records, court filings, and related data are destroyed or redacted. Afterward, you are legally allowed to say the incident never happened—even when applying for jobs, housing, or loans.

Who Is Eligible for an Expunction in Texas?

Expunction is limited and applies mainly to people who were not convicted and not placed on community supervision (probation). You may be eligible if:

• Charges were dismissed or never filed, and the statute of limitations has passed.

• You were found not guilty at trial or on appeal.

• You were pardoned by the Governor or President.

• You completed deferred adjudication for a Class C misdemeanor (like disorderly conduct or public intoxication).

• You completed a pretrial diversion or intervention program (such as veterans or mental health court) and the case was dismissed.

• You completed a deferred prosecution agreement, and your charges were dropped.

• You were convicted of Unlawful Carrying of a Weapon before September 1, 2021.

Important: Even if your case meets one of these criteria, certain circumstances—like multiple charges or a bail jump—can disqualify you. If you're not eligible for expunction, a nondisclosure order may still be possible.

What Is a Nondisclosure?

A nondisclosure (commonly called “record sealing”) prevents your criminal record from being viewed by most employers, landlords, and the general public. However, government agencies, law enforcement, and some licensing boards can still access it.

If you receive a nondisclosure order, you are allowed to deny the incident in most civilian contexts, including job and housing applications—but not in military enlistment, federal employment, or immigration cases.

Who Is Eligible for a Nondisclosure?

You may qualify to have your record sealed if:

• You successfully completed deferred adjudication for certain non-violent misdemeanors or felonies.

• You completed probation or jail time for your first misdemeanor conviction (excluding some intoxication or organized crime offenses).

• You completed a veterans treatment program or were a victim of human trafficking.

To qualify, you must not:

• Have been convicted of or placed on deferred for a disqualifying offense, including:

  • Family violence

  • Murder

  • Aggravated kidnapping

  • Sex offenses

  • Human trafficking

• Have received another conviction (aside from traffic tickets) during the case or waiting period.

For DWI offenses, you may qualify if:

• There was no accident involving another person.

• Your BAC was below 0.15 (if convicted).

• You meet all other eligibility criteria and have no other convictions.

Waiting Periods and Time Limits

There are mandatory waiting periods before you can file for an expunction or nondisclosure. These range from immediate eligibility to up to 5 years, depending on the offense and the result of your case.

How Does the Expunction or Nondisclosure Process Work?

At Texas Defenders, we handle the filing and court process on your behalf. Here's how it generally works:

• For expunctions, we file a petition in civil district court.

• For nondisclosures, we file in the same court that handled your criminal case.

• A judge reviews your eligibility, and if required, determines if sealing your record is “in the interest of justice.”

• Each case and charge requires a separate petition, unless multiple charges arose from the same arrest.

The process can be technical. We recommend having an attorney to avoid delays or denials based on technical errors or incomplete filings.

What About Juvenile Records?

Texas law already keeps juvenile records confidential, but you can take steps to have them formally sealed, especially if:

• You were referred to juvenile court for a misdemeanor or CINS, and have no adult convictions.

• You were not adjudicated or were only adjudicated for a misdemeanor.

• You were adjudicated for a felony, but have remained law-abiding.

Some juvenile records are sealed automatically at age 18 or 19, depending on the case, but felony juvenile adjudications require a court petition.

For juvenile Class C misdemeanors (like MIP, theft under $100, or public intoxication), you may request an expunction if you were convicted of only one and it wasn't alcohol or tobacco-related.

Let Texas Defenders Help You Clear Your Record

Determining your eligibility for an expunction or nondisclosure in Texas isn't always straightforward. The laws are full of exceptions, deadlines, and technical requirements.

If you're ready to clear your name and move forward with confidence, call Texas Defenders today at 214-306-9696. We'll walk you through your options and handle the paperwork—so you don't have to.

Need a fresh start? Contact us to schedule a free consultation and find out if you're eligible to erase your criminal record in Dallas, Denton, Bexar, Tarrant, or Collin County.