Understanding Why Your Record-clearing Process May Take Longer Than Expected

If you’re seeking to clear your criminal record in Texas through expunction or an order of nondisclosure, it’s important to know that the process doesn’t always happen overnight. Various factors—including procedural steps, statutory waiting periods, and administrative processing can delay your order. Understanding these hurdles can help you plan and avoid unnecessary surprises.


Common Reasons for Delays

1. Failure to Meet Statutory Requirements

Expunction and nondisclosure are statutory privileges, not automatic rights. Courts require all legal conditions to be satisfied before granting an order.

In re Expunction of C.G., 594 S.W.3d 708: The court emphasized that an evidentiary hearing is mandatory; skipping it can invalidate the order.

Ex parte Ammons, 550 S.W.3d 235: The expunction was reversed because the statutory three-year waiting period for a felony had not elapsed.
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2. Procedural Delays by the State or Other Parties


Delays can also arise from actions or inaction by the state or other parties involved in the case.


  • State Dep’t of Pub. Safety v. Stockton, 53 S.W.3d 421: Delays in moving to trial contributed to the timeline, although the petitioner’s eligibility was ultimately affected by the nature of the dismissal.



3. Statutory Waiting Periods


For nondisclosure orders, Texas law mandates waiting periods before filing:


  • Two years for certain misdemeanors
  • Five years for felonies

Certain offenses, such as family violence or those requiring sex offender registration, cannot be sealed, which can delay or prevent the order entirely (Tex. Gov’t Code § 411.074).


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4. Administrative Processing Delays


Even after a court signs an order, administrative steps must occur:


  • Court clerks must send the order to the Crime Records Service within 15 business days (Tex. Gov’t Code § 411.075)
  • The Department of Public Safety then seals the records within 10 business days
    Failure at any stage can postpone the practical effect of the order.


Conclusion


Expunction and nondisclosure orders are powerful tools to protect your privacy and future opportunities, but delays are common. Procedural errors, waiting periods, statutory restrictions, and administrative processes can all extend the timeline. Staying informed and working with experienced legal counsel can help ensure your order is processed as quickly and efficiently as possible.


If you’re navigating the Texas record-clearing process, don’t let delays hold you back. Wyde & Associates can review your eligibility, guide you through filing, and track your case until your expunction or nondisclosure order is fully effective.


Contact Wyde & Associates today and take the first step toward a fresh start.

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