Having a criminal record can affect your ability to get a job, rent housing, apply for loans, or even volunteer. But in many cases, it’s possible to clear or seal that record—giving you a fresh start. If you’re in Texas and want to expunge your record, here’s what you need to know and what steps to take.
What Does Expungement Mean?
Expungement (also called expunction) is the legal process of erasing a criminal record. If granted, the charge or arrest is removed from public records—meaning it won’t show up on background checks and you can legally say it never happened.
Texas also offers orders of nondisclosure, which seal your record from public view (but may still be accessible to certain government agencies). Both options can offer relief, but they apply in different circumstances.
Step 1: Determine If You’re Eligible for Expungement in Texas
Not all cases can be expunged. In Texas, you may qualify for expunction if:
- You were arrested but never charged after the Statute of Limitations expired
- Your case was dismissed
- You were acquitted at trial
- You were convicted but later pardoned
- You completed a pretrial diversion or intervention program
You cannot expunge a conviction if you were found guilty and served your sentence—unless you were later pardoned. However, you might still be eligible for an order of nondisclosure.
Step 2: Gather Important Documents
Before starting the process, gather all records related to your case:
- Arrest and charge records
- Court dispositions or dismissal documents
- Proof of completed programs or probation (if applicable)
You’ll need this information to file a petition and prove eligibility.
Step 3: File a Petition for Expunction
To request expungement, you must file a Petition for Expunction in the district court in the county where the arrest or charge occurred. Your petition must include details such as:
- Your name, address, and date of birth
- Arresting agency and case number
- Dates of arrest and outcome of the case
- Grounds for expunction
If your petition is approved, the court will schedule a hearing.
Step 4: Attend the Expunction Hearing
At the hearing, the judge will review your case and determine whether you meet the legal requirements. If the court grants your request:
- All records held by law enforcement agencies, courts, and background check companies will be ordered destroyed or returned.
- You can legally deny the arrest or charge on job or housing applications.
If denied, you may be able to appeal or apply again later, depending on the reason.
Step 5: Consider an Order of Nondisclosure (If You’re Not Eligible for Expunction)
If you successfully completed a period of Deferred Adjudication for certain misdemeanors or felonies, you may qualify for an order of nondisclosure. This doesn’t erase the record, but it hides it from most public access.
To qualify:
- You must have completed deferred adjudication or community supervision
- Certain offenses (like family violence or sex crimes) are excluded
- You may have to wait a waiting period (typically 2–5 years)
Do I Need a Lawyer?
While you can file a petition on your own, expungement law is technical and very case-specific. One error on your paperwork can delay or prevent approval. An experienced criminal defense attorney can:
- Review your eligibility
- Prepare and file your petition correctly
- Represent you at the hearing
- Make sure all agencies follow the court order
Final Thought
A criminal record doesn’t have to follow you forever. Whether you were wrongly charged, your case was dismissed, or you completed a diversion program, Texas law may give you a second chance.
If you’re ready to clear your record, start by speaking with an experienced attorney who can guide you through the expunction or nondisclosure process. It could be one of the most important steps you take toward a better future. Call us today at (956) 428-2822 or reach out to us online.
