An expunction (expungement) is a court order requiring agencies to delete, destroy, or return records of an arrest/case and to remove index references. After expunction, you may generally deny the arrest/case, with narrow exceptions.

Statutes: Tex. Code Crim. Proc. arts. 55A.051–55A.054 (eligibility), 55A.151–55A.154 (bars), 55A.251–55A.253 (filing/venue), 55A.351–55A.353 (agency duties).

An Order of Nondisclosure seals your criminal history from public view. Most employers/landlords cannot access sealed records; law enforcement and certain licensing agencies still can.

Statutes: Tex. Gov’t Code ch. 411, subch. E-1 (including §§ 411.072, 411.0725, 411.0726, 411.073, 411.0731, 411.0735, 411.0736, and 411.074).

Most expunctions or nondisclosures take about 6–10 weeks from filing to a signed order, depending on the court’s docket, prosecutor response, and agency service/notice. After signature, agencies must comply promptly.

Reference: Expunction agency duties in arts. 55A.351–55A.353.

Eligible if dismissal was based on (art. 55A.053(a)(2)(A)–(E)):

• Completion of a pretrial intervention/diversion program (including veterans or mental-health court)
• Mistake, false information, or no probable cause
• Charging instrument void, or other statutory grounds under 55A.053(a)(2)
• You were released, the charge did not result in a final conviction, and it is not pending; you did not receive community supervision for that offense (Class C deferred disposition is fine)

Bars (arts. 55A.151–55A.154):

• Still subject to prosecution for another offense from the same criminal episode as an acquitted count (55A.151)
• Probation-violation warrant or absconding after release on bond (55A.153–55A.154)

Statutes: Tex. Code Crim. Proc. arts. 55A.051, 55A.053(a)(2)(A)–(E), 55A.151–55A.154, 55A.251–55A.253.

No charging instrument filed (art. 55A.052(a)) — waiting periods from arrest:

• Class C: 180 days
• Class B/A: 1 year
• Felony (or related felony in same transaction): 3 years
• Or earlier with a prosecutor certification that records are not needed for investigation/prosecution

Limitations route (art. 55A.054):

• Expunction available once the statute of limitations has expired

Bars:

• Pending case from the arrest, or community supervision for the offense (other than Class C)
• Absconding after release on bond (55A.154)

Statutes: Tex. Code Crim. Proc. arts. 55A.052(a)(1)–(4), 55A.054, 55A.154.

Common paths:

• Deferred disposition in justice/municipal court → case dismissed → expunction eligible
• No complaint filed + 180 days since arrest (55A.052)
• Acquittal or pardon

• Class C community supervision does not block expunction (55A.051)
• File in justice or municipal court for fine-only offenses (55A.252)

Statutes: Tex. Code Crim. Proc. arts. 55A.051, 55A.052, 55A.252.

Eligible (Tex. Gov’t Code § 411.072) when ALL apply:

• Misdemeanor; you received deferred adjudication and were discharged/dismissed
• First offender(no prior conviction/deferred other than fine-only traffic)
• At least 180 days have passed since placement on deferred

Not automatic if the offense is:

• DWI(Penal Code § 49.04) or BWI(§ 49.06)
• Any misdemeanor under Penal Code Chapters 20(Kidnapping), 21(Sex offenses), 22(Assault/Threats incl. family-violence), 25(Family offenses), 42(Disorderly conduct; stalking/harassment), 43(Public indecency), 46(Weapons), or 71(Organized crime)
• Judge made a written finding that nondisclosure is not in the interest of justice

Statute: Tex. Gov’t Code § 411.072.

Most Class C matters should be expunged(preferred). If you have a convicted Class C with community supervision after conviction, you may qualify for nondisclosure under § 411.073 if the offense is not in Penal Code Chapters 20, 21, 22, 25, 42, 43, or 46 and you meet the waiting rules.

Statutes: Tex. Gov’t Code § 411.073; Tex. Code Crim. Proc. ch. 55A.

Deferred DWI/BWI — § 411.0726

• First offender; discharged/dismissed from deferred; 2-year waiting period

• Not eligible if any accident involving another person, BAC ≥ 0.15, CDL/CLP holder at the time, or punishment enhanced under § 49.09

DWI conviction + community supervision — § 411.0731

• First-offender Class B; all fines/costs paid
• Wait: 2 years if ≥6 months ignition interlock was a probation condition; otherwise 5 years

• Not eligible with accident involving another person, CDL/CLP, or BAC ≥ 0.15

DWI conviction without probation — § 411.0736

• Eligible for certain first-offender Class B DWIs after completing sentence
• Wait: 3 years if ≥6 months ignition interlock; otherwise 5 years

• Same exclusions: accident, CDL/CLP, BAC ≥ 0.15

Statutes: Tex. Gov’t Code §§ 411.0726, 411.0731, 411.0736; global disqualifiers in § 411.074.

Conviction with community supervision — § 411.073

• Completed probation; fines/costs paid
• Immediate eligibility for most misdemeanors; 2-year wait if offense is in Penal Code Chapters 20, 21, 22, 25, 42, 43, or 46

Conviction with confinement (no probation) — § 411.0735

• Completed sentence; offense is not Alcoholic Beverage Code § 106.041; not Penal Code Ch. 71 (organized crime); and not Penal Code §§ 49.04, 49.05, 49.06, 49.065
• Wait: immediate for fine-only; otherwise 2 years

Global disqualifiers — § 411.074

• Any prior conviction/deferred for: registerable sex offense; PC § 20.04 (Aggravated Kidnapping); §§ 19.02–19.03 (Murder/Capital Murder); §§ 20A.02–20A.03 (Trafficking); § 22.04 (Injury to Child/Elderly/Disabled); § 22.041 (Abandoning/Endangering Child); §§ 25.07–25.072 (Protective Order violations); § 42.072 (Stalking); or any offense involving family violence
• Any new non-traffic convictions/deferred during probation or any required waiting period

Statutes: Tex. Gov’t Code §§ 411.073, 411.0735, 411.074.

Eligibility — § 411.0725

• Deferred adjudication → discharged/dismissed
• Immediate at discharge for most misdemeanors
• 2-year wait if the offense is in Penal Code Chapters 20, 21, 22, 25, 42, 43, or 46
• Not DWI/BWI (those are under § 411.0726)

Disqualifiers — § 411.074

• Any of: registerable sex offense; PC § 20.04; §§ 19.02–19.03; §§ 20A.02–20A.03; § 22.04; § 22.041; §§ 25.07–25.072; § 42.072; or a family-violence finding

Statutes: Tex. Gov’t Code §§ 411.0725, 411.074.

Eligibility — § 411.0725(c)

• Deferred adjudication for a felony; discharged/dismissed
• 5-year waiting period after discharge
• Not DWI/BWI (use § 411.0726 for deferred DWI/BWI)

Disqualifiers — § 411.074

• Any of: registerable sex offense; PC § 20.04; §§ 19.02–19.03; §§ 20A.02–20A.03; § 22.04; § 22.041; §§ 25.07–25.072; § 42.072; or family-violence finding

Statutes: Tex. Gov’t Code §§ 411.0725(c), 411.074.

Immediate (no wait) when:

• Deferred adjudication misdemeanors not in Penal Code Chapters 20, 21, 22, 25, 42, 43, or 46 — § 411.0725(b)
• Misdemeanor convictions with probation not in those chapters — § 411.073(b)

Statutes: Tex. Gov’t Code §§ 411.0725(b), 411.073(b).

Dallas County focus: We handle arrests from Addison, Balch Springs, Carrollton, Cedar Hill, Cockrell Hill, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Garland, Glenn Heights, Grand Prairie, Grapevine, Highland Park, Hutchins, Irving, Lancaster, Mesquite, Richardson, Rowlett, Sachse, Seagoville, Sunnyvale, University Park, Wilmer.

Links: DA · Criminal District Courts · District Clerk · eFileTexas · DPS Crime Records