Clearing Your Criminal Record in Texas
If you have a criminal record in Texas, you may be eligible for expunction or an order of non-disclosure, both of which can help you move forward without the burden of past charges affecting your future. This guide explains the eligibility criteria, legal process, and key differences between expunctions and non-disclosures, so you can understand your options and take steps toward a clean slate.
What Is an Expunction in Texas?
An expunction (also called an expungement) is the legal process of completely removing an arrest or criminal charge from your record. Once an expunction is granted, all records—including police reports, court documents, and mugshots—are permanently erased.
Who Qualifies for an Expunction?
Under Texas Code of Criminal Procedure Article 55.01, you may qualify for an expunction if:
✔ You were arrested but never charged.
✔ Your case was dismissed or dropped.
✔ You were acquitted (found not guilty) at trial.
✔ You received a pardon or relief based on actual innocence.
✔ Your charge was a Class C misdemeanor, and you completed deferred adjudication.
🚨 Who Does NOT Qualify?
✘ If you were convicted (unless pardoned).
✘ If you were placed on deferred adjudication for a felony or Class A/B misdemeanor (you may be eligible for non-disclosure instead).
How to Get an Expunction in Texas
The expunction process involves filing a petition and attending a court hearing. Here’s how it works:
Step 1: File a Petition for Expunction
• File in the court where your case was handled or any district court in the same county.
• Include details of your arrest, the charge, and any involved law enforcement agencies.
Step 2: Notify Law Enforcement Agencies
• Agencies with records of your arrest must be notified at least 30 days before the hearing.
• This includes the police department, sheriff’s office, Texas Department of Public Safety (DPS), and FBI databases.
Step 3: Attend the Hearing
• If no agency objects, the judge may approve your expunction without issue.
• If there’s an objection, you may need legal representation to argue your case.
Step 4: Expunction Order Granted
• Once the judge signs the expunction order, all records will be permanently destroyed within a few months.
What Is an Order of Non-Disclosure in Texas?
An order of non-disclosure seals your criminal record from the public but does not erase it. Certain government agencies and law enforcement can still access the information, but it won’t appear on background checks for jobs, housing, or most private records requests.
Who Qualifies for Non-Disclosure?
You may be eligible if:
✔ You successfully completed deferred adjudication for a felony or misdemeanor.
✔ You waited the required time period (which varies based on the offense).
✔ You were NOT convicted of a crime during or after your probation period.
🚨 Who Does NOT Qualify?
✘ If you have prior convictions for violent offenses, sex crimes, or family violence.
✘ If you received straight probation or were convicted of a felony.
Why Clearing Your Record Matters
Having a criminal record can make it hard to find a job, secure housing, or qualify for loans. By obtaining an expunction or order of non-disclosure, you can:
✔ Apply for jobs without disclosing past charges.
✔ Pass background checks for housing and financial applications.
✔ Restore your reputation and move forward in life without unnecessary legal obstacles.
How a Lawyer Can Help
The expunction and non-disclosure process can be complicated, especially if multiple agencies hold records of your case. A skilled attorney can:
• Review your eligibility and determine the best option.
• Ensure all necessary documents are filed correctly.
• Represent you at hearings and advocate for your case.
At Wyde & Associates, we have years of experience helping Texans clear their criminal records and reclaim their futures.
📞 Need Help? Contact Us Today!
If you believe you may qualify for an expunction or non-disclosure, let us help.
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