How to file to clear a record in Texas

Where and how you file in Texas, the fee and the official forms.

Checked against official sources: October 25, 2026.

Short answer

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).

Main remedy
Expunction
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.
Forms
6

Filing step by step 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

Checklist: what to gather before you file

Who cannot use these remedies in Texas

  • Expunction: 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.
  • Order of Nondisclosure: 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.

Law: Tex. Code Crim. Proc. ch. 55A (arts. 55A.001-55A.402); Tex. Gov't Code ch. 411, subch. E-1 (secs. 411.071-411.0775)

What changes afterwards

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

In nearby states

  • Oklahoma: OSBI charges a $150 processing fee to expunge an arrest record, plus any fees of local law enforcement agencies; expunging the court record at OSBI is free (OSBI).
  • Louisiana: Up to $550 in total: State Police Bureau of Criminal Identification $250, sheriff $50, district attorney $50, clerk up to $200.
  • New Mexico: District court civil filing fee; e.g. $132 in the Second Judicial District Court, Bernalillo County (court instructions, rev.

Your next steps in Texas

  1. Gather your papers

    Collect your case numbers, final court papers and proof of payment. Checklist: what to gather before you file.

  2. File with the clerk

    The clerk takes the petition; the court may set a hearing.

Where to get free help in Texas

Questions about filing in Texas

What is the waiting period 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.

Is there a fee 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.

How can I see my Texas record?

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.

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