How long you wait to clear a record in Texas
When you can ask to clear a record in Texas.
Checked against official sources: October 25, 2026.
Short answer
In Texas you wait a set time before you can ask. The time depends on the case.
- Main remedy
- Expunction
- Waiting periods
- 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
Texas waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Waiting periods: 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
In nearby states
- Oklahoma: Acquitted, reversed on appeal, or DNA exoneration: No waiting period, counted from the acquittal, reversal or exoneration
- Louisiana: Dismissal, acquittal, refusal to prosecute: No waiting period, counted from the end of the case
- New Mexico: Municipal ordinance violation or misdemeanor: 2 years, counted from the last date you completed a sentence for any conviction in any jurisdiction
Steps after the wait in Texas
Check your dates
Use the dates on your court papers, not your memory.
Check the other rules
Exclusions and new offenses can matter more than the wait.
File when you are ready
Once enough time has passed, see how to file. How to file.
Where to get free help in Texas
Questions about waiting periods in Texas
Which records can 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.
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.
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.