1. Expunction

Nicknames: “Expungement”

What It Does: Completely removes the record of an arrest or charge from public and government databases.

Makes it as though the arrest or charge never happened.

Effect: The record is destroyed, and you can legally deny the incident occurred.

It will not appear on background checks for jobs, housing, or other purposes.

2. Non-Disclosure

Nicknames: “Record sealing”

What It Does: Seals the criminal record from public view, preventing private employers, landlords, and most non-governmental entities from accessing it. Law enforcement and certain government agencies (e.g., licensing boards) can still see the record.

Effect: The record is sealed from public view.

You can deny the offense in most contexts but must disclose it to law enforcement, licensing agencies, or employers requiring government security clearance.

Below is a detailed explanation of the circumstances under which you may qualify for an expunction.

1. Arrest Without Charges Filed

You may be eligible for expunction if:

 • You were arrested, but no charges were filed within the statutory period (i.e., the statute of limitations for the alleged offense has expired).

• Statutory Limitations:

 • For most misdemeanors: 2 years.

• For felonies: Varies by offense (e.g., theft has a 5-year limitation, murder has none).

• You must not have been convicted of the crime or involved in any pending criminal proceedings.

2. Dismissed Charges

You may qualify if:

 • The charges against you were dismissed and:

• No conditions were imposed as part of the dismissal (e.g., plea bargains).

• The dismissal was final, and no further prosecution is possible.

• Exceptions:

• The charge cannot be dismissed as part of a deferred adjudication (except for certain Class C misdemeanors).

• You must not have any pending criminal charges.

3. Acquittals

You are eligible if:

 • You were found not guilty at trial by a judge or jury.

• You were acquitted on appeal after a conviction.

• Special Note:

• An expunction is typically granted automatically following an acquittal, but it’s advisable to confirm that the court has ordered it.

4. Pardoned Offenses

Eligibility applies if:

 • You were convicted of a crime but later received a pardon from the Governor of Texas or the President of the United States.

• The pardon must be based on actual innocence or post-conviction evidence.

5. Certain Class C Misdemeanors

You may qualify for expunction if:

 • You successfully completed a deferred adjudication program for a Class C misdemeanor (e.g., public intoxication, minor traffic violations).

• The case was dismissed following successful completion.

6. Identity Theft or Mistaken Identity

You are eligible if:

 • You were arrested due to identity theft or mistaken identity, and it was later determined you were not the individual who committed the crime.

• Supporting documentation, such as an affidavit or evidence from law enforcement, is typically required.

7. Pretrial Diversion Programs

You may qualify if:

 • You successfully completed a pretrial diversion program, and the case was dismissed as a result.

• Note: This is determined on a case-by-case basis depending on the terms of the program.

8. Arrests for Noncriminal Offenses

You may qualify if you were arrested for an offense that is not technically a crime (e.g., failure to pay child support or contempt of court) and met the terms imposed by the court.

9. Time Limit Requirements

For some cases, a waiting period must pass before you can apply for an expunction:

• No charges filed (felony): The applicable statute of limitations must expire.

• Misdemeanor charges filed but later dismissed:

• No waiting period required after dismissal.

• Felony charges filed but later dismissed:

• The court may impose a waiting period to ensure no new charges arise.

10. Arrest with Multiple Offenses

You may be ineligible if:

You were arrested for multiple offenses in the same incident, and one or more of the charges resulted in a conviction or are still pending.

Expunction is not allowed if one charge results in a conviction, even if other charges were dismissed.

You are not eligible for expunction if:

You were convicted of the offense, except in cases where you were later pardoned or found innocent.

The offense involved deferred adjudication for a non-Class C misdemeanor.

You have been convicted of a felony within 5 years of the arrest you are trying to expunge.

Expunction laws are complex, and eligibility can depend on nuanced details of your case. It’s always advisable to work with an attorney to determine whether you qualify and to navigate the legal process. Consult with our experts to learn whether you qualify for an expunction.

Below is a detailed explanation of the circumstances under which you may qualify for a non-disclosure order.

1. YOU MUST MEET THE FOLLOWING CRITERIA:

Received and accepted an offer of "deferred adjudication" (CCP art. 42.12, 5);

If you are unsure whether you received "deferred adjudication," we can pull your criminal record.

Pled guilty to the offense;

Successfully completed your probationary period;

You were successfully discharged from deferred adjudication; and

Your case was "dismissed" following the completion of the deferred adjudication.

2. THE WAITING PERIOD:

For most felonies

5 years passed from the date you were successfully discharged from probation.

For most class A and B misdemeanors

2 years passed from the date you were successfully discharged from probation.

For most traffic violations and class C misdemeanors, Immediately eligible from the date you were successfully discharged from probation.

3. YOU ARE INELIGIBLE IF EVER CONVICTED OR PLACED ON DEFERRED ADJUDICATION FOR THE FOLLOWING:

 An offense requiring sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure.

 Capital murder under Texas Penal Code § 19.03.

 Murder under Texas Penal Code § 19.02.

 Aggravated kidnapping under Texas Penal Code § 20.04.

 Trafficking of persons under Texas Penal Code § 20A.02.

 Continuous trafficking of persons under Texas Penal Code § 20A.03.

 Injury to a child, elderly individual, or disabled individual (if punishable as a felony) under Texas Penal Code § 22.04.

 Abandoning or endangering a child under Texas Penal Code § 22.041.

 Violation of a protective order or magistrate’s order involving:

Family violence under Texas Penal Code § 25.07.

Stalking under Texas Penal Code § 42.072.

Human trafficking under Texas Penal Code § 20A.02 or § 20A.03.

Stalking under Texas Penal Code § 42.072.

Family violence offenses, as defined by Texas Family Code § 71.004.

Any offense involving the use or exhibition of a deadly weapon during the commission of the crime or immediate flight from it, as documented in court findings under Texas Code of Criminal Procedure Article 42A.054(c).

Any offense involving violence against a child under 15 years of age, such as:

Indecency with a child under Texas Penal Code § 21.11.

Sexual assault of a child under Texas Penal Code § 22.011.

Aggravated sexual assault of a child under Texas Penal Code § 22.021.

Continuous sexual abuse of a child or children under Texas Penal Code § 21.02.

Prohibited sexual conduct under Texas Penal Code § 25.02.

Compelling prostitution under Texas Penal Code § 43.05.

Possession or promotion of child pornography under Texas Penal Code § 43.26.

Terroristic threat punishable as a felony under Texas Penal Code § 22.07.

Any offense involving violence where a deadly weapon was involved, as indicated in court findings.

4. EVEN IF YOU MEET ALL OF THE ABOVE, YOU BECOME DISQUALIFIED IF:

During the waiting period, petitioner has been convicted or placed on deferred adjudication for any offense other than a traffic offense punishable by fine only. See TEX. GOV'T CODE 411.081(e).

You may qualify for juvenile record sealing if:

1. You were adjudicated delinquent but you

completed probation;

2. Are now at least 18 years old; and

3. Have no adult criminal convictions.

Certain serious offenses (e.g., violent felonies, sex offenses) may be ineligible.