Clearing a criminal record in Texas
In Texas it is called expunction or order of nondisclosure: an expunction orders agencies to return or destroy the records of an arrest, and you may then deny the arrest happened. Some misdemeanor convictions may be cleared.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in Texas?
Expunction; order of nondisclosure — An expunction orders agencies to return or destroy the records of an arrest, and you may then deny the arrest happened. An order of nondisclosure seals the record from the public, but police, courts and many licensing agencies can still see it.
Texas has 2 ways to clear a record. Each covers different records and has its own waiting period.
Expunction
Arrests that did not end in a final conviction: no charges filed, charges dismissed or quashed for listed reasons, acquittal, limitations period expired; also convictions later pardoned, pre-Sept. 1, 2021 unlawful handgun carrying convictions, and mistaken identity. Not available if you got court-ordered community supervision (including deferred adjudication) for the offense, except for a Class C misdemeanor.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Class C misdemeanor arrest, no charge filed | See the rule If no charge was filed, you can ask after at least 180 days from the arrest. | Date of arrest (180 days) |
Class A or B misdemeanor arrest, no charge filed | 1 year If no charge was filed, you can ask after at least one year from the arrest. | Date of arrest |
Felony arrest, no charge filed | 3 years If no charge was filed, you can ask after at least three years from the arrest. | Date of arrest |
Prosecutor certifies records not needed | No waiting period You do not have to wait if the prosecutor certifies the records are not needed for any investigation or prosecution. | Date of the prosecutor's certification |
Acquitted at trial | No waiting period If you were found not guilty, the court enters the order within 30 days of the acquittal at your request. | Acquittal |
Charge dismissed or quashed (listed reasons) | No waiting period You can ask right away if the charge was dismissed because you finished a veterans court, mental health court or pretrial intervention program, the charge lacked probable cause, or it was void. | Dismissal |
Charge dismissed for another reason | See the rule If the charge was dismissed for a reason not listed above, you can ask once the time limit for prosecuting the offense has run out. | End of the limitations period for the offense |
- Not eligible
- Final convictions (unless pardoned); arrests where you got court-ordered community supervision or deferred adjudication other than for a Class C misdemeanor; an acquittal when you were convicted of, or can still be charged with, another offense from the same criminal episode; arrests on a probation-violation warrant; driver's license suspension records.
- Limits
- Expunction based on finishing a veterans treatment court program, and expunction based on finishing a mental health court program, are each available only once in your life.
Law: Tex. Code Crim. Proc. ch. 55A (arts. 55A.001-55A.402)
Source: Official text
Order of Nondisclosure
Deferred adjudication that ended in discharge and dismissal (misdemeanors and most felonies), and some first-time misdemeanor convictions, including a first DWI (not if your alcohol concentration was 0.15 or more for a conviction, and not if the offense caused a collision involving another person). Felony convictions are not eligible. Also a separate order for certain human-trafficking victims.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Deferred adjudication, nonviolent misdemeanor, first offense | No waiting period The court must issue the order when it discharges you, or as soon as possible once 180 days have passed since you were placed on deferred adjudication. A $28 fee applies. | Discharge and dismissal (at least 180 days after you were placed on deferred adjudication) |
Deferred adjudication, other misdemeanor | No waiting period You can petition as soon as you are discharged. | Discharge and dismissal |
Deferred adjudication, misdemeanor under Penal Code ch. 20, 21, 22, 25, 42, 43 or 46 | 2 years You must wait two years after discharge for these misdemeanors, such as assault or weapons offenses. | Discharge and dismissal |
Deferred adjudication, felony | 5 years You must wait five years after discharge for a felony. | Discharge and dismissal |
Misdemeanor conviction with probation, first offense | See the rule You can petition once you finish probation, or two years after finishing it for misdemeanors under Penal Code ch. 20, 21, 22, 25, 42, 43 or 46. | Completion of community supervision |
Fine-only misdemeanor conviction, first offense | No waiting period You can petition once you have finished your sentence. | Completion of sentence |
Other misdemeanor conviction (jail sentence), first offense | 2 years You must wait two years after finishing your sentence. Violent or sexual offenses (other than simple assault) cannot get this order. | Completion of sentence |
First DWI, deferred adjudication | 2 years You must wait two years after discharge. | Completion of deferred adjudication and discharge |
First DWI conviction with probation | See the rule You wait two years if you used an ignition interlock for at least six months, otherwise five years. | Completion of community supervision |
First DWI conviction without probation | See the rule You wait three years if you used an ignition interlock for at least six months, otherwise five years. | Completion of sentence |
- Not eligible
- Offenses requiring sex offender registration; aggravated kidnapping; murder and capital murder; trafficking of persons; injury to a child, elderly or disabled person; abandoning or endangering a child; violating a protective order; stalking; any offense involving family violence. This applies to the offense you want sealed and to any earlier one. You are also ineligible if you were convicted of or got deferred adjudication for any new offense (other than a fine-only traffic ticket) during your sentence, supervision or waiting period. For conviction-based orders, the automatic misdemeanor deferred order and DWI orders, any earlier conviction or deferred adjudication (other than a fine-only traffic ticket) disqualifies you. A misdemeanor conviction that was violent or sexual (other than simple assault) cannot be sealed.
- Limits
- Conviction-based orders and the automatic misdemeanor deferred order are only for people with no other prior conviction or deferred adjudication except fine-only traffic tickets.
Law: Tex. Gov't Code ch. 411, subch. E-1 (secs. 411.071-411.0775)
Source: Official text
When can I file? Waiting periods in Texas
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in Texas
Expunction
File a verified ex parte petition in district court in the county where you were arrested or where the offense allegedly happened (justice or municipal court of record for fine-only offenses). List every agency that may have records. The court sets a hearing at least 30 days after filing and notifies the agencies, which may object.
- Cost
- The filing fee is set by each county; ask the district clerk. The clerk charges $25 for each listed agency that cannot receive notice electronically. No fee may be charged for an expunction entered after veterans or mental health court.
- If you can't pay
- File a Statement of Inability to Afford Payment of Court Costs with the petition.
Law: Code of Criminal Procedure art. 55A.254(f); art. 55A.203(c)
Order of Nondisclosure
File a petition (in person, electronically or by mail) with the court that handled your case, using the state forms. The prosecutor gets notice and has 45 days to ask for a hearing; otherwise the judge may decide without one if the order is in the best interest of justice.
- Cost
- The civil-case filing fee for that county. For the automatic first-offense misdemeanor deferred order, a $28 clerk fee.
- If you can't pay
- File a Statement of Inability to Afford Payment of Court Costs with the petition.
Law: Gov't Code 411.0745(b); Gov't Code 411.072(c)
Court self-help
Free help in Texas
- TexasLawHelp.org (Texas Legal Services Center) - forms, clinics and legal aid finder
- Texas RioGrande Legal Aid
- Lone Star Legal Aid
- Legal Aid of NorthWest Texas
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (Texas Department of Public Safety, Crime Records Division) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for Texas.
Clearing a record in Texas by topic
Expunction in Texas
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in Texas
How long you wait for each kind of case, and a date helper.
How to file in Texas
The steps, the cost, fee waivers, the forms and court self-help.
Juvenile records in Texas
Juvenile records are sealed without an application once you are 19 if you had no felony adjudication, no pending juvenile matters, were not transferred to adult court, and have no adult felony or jailable misdemeanor conviction or pending charge. Others can apply to the juvenile court. Juvenile records cannot be expunged; they are sealed instead.
Law: Tex. Fam. Code secs. 58.253, 58.256, 58.265
Pardons in Texas
- Who decides
- The Governor, only on the written recommendation of a majority of the Board of Pardons and Paroles
- How
- Send a clemency application to the Board's Clemency Section. A full pardon is available after a conviction or after you complete deferred adjudication. A pardoned conviction can then be expunged.
Law: Tex. Const. art. IV, sec. 11; Tex. Code Crim. Proc. art. 55A.004
After your record is cleared in Texas
After expunction you may deny the arrest and the expunction order, except when asked under oath in a criminal case, where you may say only that the matter was expunged. After an order of nondisclosure you do not have to list the case on job, information or license applications, but criminal justice agencies and many state licensing agencies can still see and use it.
Law: Code Crim. Proc. art. 55A.401; Gov't Code 411.0755; Gov't Code 411.0765
Get your own record in Texas
Texas Department of Public Safety, Crime Records Division
Request a Personal Review: book a fingerprint appointment with IdentoGO (service code 11FT12, online or 1-888-467-2080). Cost is $10 for fingerprinting plus $15 for the record; DPS mails or emails the results. DPS also runs an online conviction name search for a fee.
Letter: ask the state records office for a copy of your record
Good to know in Texas
- Texas moved its expunction law into a new Chapter 55A of the Code of Criminal Procedure on January 1, 2025, replacing former Chapter 55.
Law: H.B. 4504, 2023
- The clerk may not charge to email notice to agencies, but charges $25 for each agency that must be notified by mail.
Law: Code Crim. Proc. art. 55A.254
- Texas has no expunction for a final conviction unless it is pardoned; sealing a conviction is only possible through an order of nondisclosure for certain misdemeanors.
Changes in 2024–2026
January 1, 2025: expunction law recodified as Code of Criminal Procedure Chapter 55A. September 1, 2025: S.B. 1667 (89th Leg.) amended arts. 55A.203, 55A.253 and 55A.254, including no fees for expunctions after veterans or mental health court and district clerk lists of agency email addresses. Also September 1, 2025: H.B. 1620 (89th Leg.) added art. 55A.131 so an expunction covers related DNA records, and S.B. 958 amended the trafficking-victim nondisclosure.
Law: H.B. 4504, 88th Leg; Gov't Code 411.0728
Questions about clearing a record in Texas
What is clearing a record called in Texas?
Expunction; order of nondisclosure. An expunction orders agencies to return or destroy the records of an arrest, and you may then deny the arrest happened. An order of nondisclosure seals the record from the public, but police, courts and many licensing agencies can still see it.
Can convictions be cleared in Texas?
Expunction: Arrests that did not end in a final conviction: no charges filed, charges dismissed or quashed for listed reasons, acquittal, limitations period expired; also convictions later pardoned, pre-Sept. 1, 2021 unlawful handgun carrying convictions, and mistaken identity. Not available if you got court-ordered community supervision (including deferred adjudication) for the offense, except for a Class C misdemeanor. Order of Nondisclosure: Deferred adjudication that ended in discharge and dismissal (misdemeanors and most felonies), and some first-time misdemeanor convictions, including a first DWI (not if your alcohol concentration was 0.15 or more for a conviction, and not if the offense caused a collision involving another person). Felony convictions are not eligible. Also a separate order for certain human-trafficking victims.
How long do I have to wait in Texas?
Class C misdemeanor arrest, no charge filed: If no charge was filed, you can ask after at least 180 days from the arrest, counted from date of arrest (180 days); Class A or B misdemeanor arrest, no charge filed: 1 year, counted from date of arrest; Felony arrest, no charge filed: 3 years, counted from date of arrest; Prosecutor certifies records not needed: No waiting period, counted from date of the prosecutor's certification.
How much does it cost to clear a record in Texas?
Expunction: The filing fee is set by each county; ask the district clerk. The clerk charges $25 for each listed agency that cannot receive notice electronically. No fee may be charged for an expunction entered after veterans or mental health court. Order of Nondisclosure: The civil-case filing fee for that county. For the automatic first-offense misdemeanor deferred order, a $28 clerk fee.
Can juvenile records be cleared in Texas?
Juvenile records are sealed without an application once you are 19 if you had no felony adjudication, no pending juvenile matters, were not transferred to adult court, and have no adult felony or jailable misdemeanor conviction or pending charge. Others can apply to the juvenile court. Juvenile records cannot be expunged; they are sealed instead.
What can I say after my record is cleared in Texas?
After expunction you may deny the arrest and the expunction order, except when asked under oath in a criminal case, where you may say only that the matter was expunged. After an order of nondisclosure you do not have to list the case on job, information or license applications, but criminal justice agencies and many state licensing agencies can still see and use it.
How do I get a copy of my criminal record in Texas?
Request a Personal Review: book a fingerprint appointment with IdentoGO (service code 11FT12, online or 1-888-467-2080). Cost is $10 for fingerprinting plus $15 for the record; DPS mails or emails the results. DPS also runs an online conviction name search for a fee.
Where can I get free help in Texas?
TexasLawHelp.org (Texas Legal Services Center) - forms, clinics and legal aid finder, Texas RioGrande Legal Aid and Lone Star Legal Aid.