Texas Law Sets Specific Waiting Periods for Expunctions and Nondisclosure Orders

If your Texas criminal case ended without a conviction, you may be wondering how quickly you can move forward with a clean slate. Record sealing and expunction can limit or eliminate public access to criminal records, but timing matters.

Texas law sets different waiting periods depending on the type of case, the outcome, and whether you’re seeking an expunction or an order of nondisclosure. Applying too early can result in denial—even if you would otherwise qualify.

⸻

Expunction: How Long Do You Have to Wait?

An expunction completely removes records of an arrest or charge from public view. Once granted, the records are destroyed or returned, and you may legally deny the arrest in most situations.

Under Texas law, the general waiting periods are:
  • 180 days for a Class C misdemeanor
  • 1 year for a Class A or B misdemeanor (as long as no felony arose from the same incident)
  • 3 years for a felony, or if a felony charge arose from the same transaction
In some cases, the waiting period can be shortened if the prosecuting attorney certifies that the records are no longer needed. Without that certification, courts must strictly enforce these timelines.

Texas courts have consistently ruled that expunction is a statutory privilege—not a right—meaning every legal requirement must be met before relief is granted.
Clear Your Record Now

Order of Nondisclosure: When Can You Apply?


An order of nondisclosure does not erase records, but it seals them from public view, including background checks run by most employers and landlords.


Waiting periods for nondisclosure depend on the offense:


Immediate Eligibility


For many misdemeanor offenses, you may apply immediately after completing deferred adjudication, as long as the case was dismissed and no disqualifying offenses apply.


Delayed Eligibility


Certain offenses require additional waiting time:


  • 2 years for misdemeanors under specific Penal Code chapters (such as assault-related or intoxication offenses)
  • 5 years for felony deferred adjudication cases

Once eligible, the court may still review factors such as rehabilitation, public safety, and criminal history before granting the request.

Clear Your Record Now

Why Timing Is Critical


Filing too early—even by a few months—can result in:


  • Automatic denial
  • Delays in sealing your record
  • Additional court costs and filing fees

Texas appellate courts have overturned expunction orders when applicants failed to meet mandatory waiting periods, reinforcing that courts have little discretion when statutory timelines are not satisfied.

Clear Your Record Now

Which Option Is Right for You?


The right path depends on:


  • The offense level
  • How the case ended
  • Whether deferred adjudication was involved
  • Your long-term goals for employment or licensing

An experienced attorney can determine which remedy you qualify for—and when you should file—to avoid costly mistakes.


If your Texas case has ended and you’re ready to move forward, Wyde & Associates can help you determine when and how to apply for record sealing or expunction.


We’ll review your eligibility, calculate the correct waiting period, and guide you through the process with confidence.


Contact Wyde & Associates today and take the next step toward a clean record.

Clear Your Record Now