Clean Your Record
Why This Matters
An Old Arrest Can Cost You Jobs, Housing, and Licenses — Even If You Were Never Convicted
Background checks are now routine for employers, landlords, professional licensing boards, universities, and lenders. A single arrest record — even for a charge that was dismissed, reduced, or never filed — shows up on most background checks and can close doors before you ever get to explain what happened. Texas law provides two legal remedies for people burdened by old criminal records: expunction, which permanently destroys the record as if it never existed, and orders of non-disclosure, which seal the record from public view. Both require a formal court petition and an attorney who understands the eligibility requirements and filing process. The difference between qualifying and not qualifying often comes down to the specific outcome of your case, the type of offense, and whether the required waiting periods have passed. Many people who assume they can’t clear their record actually can — they just haven’t had an attorney look at it.
The Problem
Arrest records appear on public background checks regardless of conviction. Even dismissed charges haunt applications for jobs, housing, and licenses.
The Law
Texas Code of Criminal Procedure Chapter 55 (expunction) and Texas Government Code Chapter 411 (non-disclosure) create the legal pathways to relief.
The Result
A granted expunction or non-disclosure lets you legally deny the arrest in most contexts — restoring your ability to pass background checks and move forward.
Understanding Your Options
Expunction vs. Non-Disclosure — What's the Difference?
These are two distinct legal remedies with very different effects, different eligibility requirements, and different levels of protection. Understanding which one applies to your situation is the starting point of every record clearing case.
Expunction
Complete Record Destruction
Tex. Code Crim. Proc. Chapter 55
- All records physically destroyed or returned — court files, police records, DPS records, prosecutor files
- You may legally deny the arrest ever occurred in virtually all contexts
- Removed from all public and private background check databases
- Government agencies ordered to destroy their records too
- Permanent — never expires
- Typically available after: dismissals, acquittals, pardons, and certain Class C deferred adjudications
Non-Disclosure
Record Sealing
Tex. Gov't Code Chapter 411
- Records sealed from public view — not destroyed
- Private employers and landlords cannot access sealed records
- Removed from all public and private background check databases
- Certain government agencies and licensing boards can still access records
- You cannot deny the offense to licensing boards or government employers
- Typically available after: successful completion of deferred adjudication community supervision; certain first-offense DWI convictions
Texas Code of Criminal Procedure Ch. 55
Who Qualifies for Expunction or Non-Disclosure in Texas?
Eligibility depends on the outcome of your case, the type of offense, your overall criminal history, and — in many cases — how much time has passed since the disposition. Here is a plain-English guide to who qualifies for what:
| Your Situation | Expunction | Non-Disclosure |
|---|---|---|
| Case dismissed (no deferred adjudication) | ✓ YES | ✗ NO |
| Acquitted at trial (found not guilty) | ✓ YES | ✗ NO |
| Arrested — charges never filed | ✓ After waiting period | ✗ NO |
| Received a full pardon | ✓ YES | ✗ NO |
| Completed deferred adjudication — Class C misdemeanor | ✓ YES | ✓ YES |
| Completed deferred adjudication — Class A/B misdemeanor | ✗ NO | ✓ After waiting period |
| Completed deferred adjudication — Felony | ✗ NO | ✓ Some felonies — waiting period applies |
| Convicted of Class A/B misdemeanor (final conviction) | ✗ NO | ✗ NO |
| Convicted of a felony (final conviction) | ✗ NO | ✗ NO |
| First-offense DWI conviction (no injury, BAC under 0.15) | ✗ NO | ✓ Special 2017 law — waiting period applies |
| Certain sex offenses / violent offenses (any disposition) | ✗ Ineligible | ✗ Ineligible |
⚠ Disclaimer: This table is a general guide only. Eligibility depends on your complete criminal history, the specific charge, the court’s disposition, and applicable waiting periods. An attorney can review your full record and give you a definitive answer.
Disqualifying Factors
Even if your case was dismissed, you may be ineligible for expunction if you have a conviction for any offense from the same criminal episode, if the dismissal was in exchange for a plea in another case, or if a final conviction exists for a felony charged in the same indictment. These nuances matter — and they’re exactly why an attorney should review your record before you file.
Timing Requirements
Expunction Waiting Periods in Texas
For cases where no charges were filed or charges were dismissed without indictment, Texas law requires a waiting period before an expunction petition can be filed. These periods give the State time to refile if they choose — and they vary by charge level:
180 days
Class C Misdemeanor From date of arrest (if no charges filed)
1 Year
Class A or B Misdemeanor
From date of arrest (if no charges filed)
3 Years
Felony
From date of arrest (if no charges filed or indictment dismissed)
None
Acquittal at Trial
No waiting period — petition can be filed immediately
2 Years
DWI Non-Disclosure (with interlock)
After sentence completion if ignition interlock was required
5 Years
DWI Non-Disclosure (no interlock)
After sentence completion if no interlock device was required
Orange cards indicate non-disclosure waiting periods. Green cards are expunction periods. Non-disclosure waiting periods for deferred adjudication vary by offense level — contact an attorney for your specific charge.
2017 Texas Law · HB 3016
DWI Non-Disclosure — Texas's 2017 Law and What It Means for You
Prior to 2017, a DWI conviction in Texas could never be sealed or expunged — it was a permanent public record regardless of whether it was a first offense with no injuries. Texas House Bill 3016, which took effect in September 2017, changed that for a narrow category of first-offense DWI convictions.
Who Qualifies for DWI Non-Disclosure Under HB 3016
You may be eligible if all of the following are true:
- It was a first DWI conviction (no prior DWI or related convictions)
- No accident involving another person occurred
- Your BAC at time of testing was below 0.15%
- You were not convicted of any other offense during the same criminal episode
- You have successfully completed all terms of your sentence
- The required waiting period has passed (2 years if an ignition interlock was required; 5 years if not)
- You have not been convicted of or placed on deferred adjudication for any other offense (excluding minor traffic violations) during the waiting period
A DWI non-disclosure does not erase the conviction — it seals it from public view. Private employers and landlords conducting standard background checks will not see it. However, certain licensing boards (medical, legal, nursing, education, law enforcement) and government employers can still access sealed records. This is still enormously valuable for most people — but understanding its limits matters before you file.
The Filing Process
How the Texas Expunction Process Works — Step by Step
01
Eligibility Review
Your attorney reviews your complete criminal history — including all charges, dispositions, and dates — to determine whether you qualify for expunction, non-disclosure, or both, and which charges are eligible. This step prevents wasted filings and identifies cases where eligibility is closer than expected.
02
Gather Case Records
Your attorney obtains certified copies of your charge and disposition from the court, your arrest record from the Texas DPS, and any relevant case documentation. Accuracy in the petition is critical — errors in cause numbers, arrest dates, or charge descriptions can result in denial or incomplete destruction of records.
03
Draft and File the Petition
The expunction or non-disclosure petition is filed in the court where the charge was prosecuted — for Harris County cases, this is typically the applicable Harris County Criminal Court at Law or District Court. The petition must list every agency that has records related to the arrest, which can include local police, the sheriff’s office, DPS, DA’s office, TDCJ, and others.
04
Notice to Agencies
All listed agencies are served with notice of the petition and given an opportunity to respond or object. Most agencies do not object to clearly eligible petitions. The court sets a hearing date, typically 30–60 days after filing.
05
Court Hearing
At the hearing, the judge reviews the petition, considers any objections, and — if eligibility is established — grants the order. Many expunction hearings are brief and unopposed. Your attorney appears on your behalf in most cases; your presence may not be required.
06
Agencies Destroy Records
Once the order is signed, all listed agencies have 60 days to destroy or return records as directed. Your attorney follows up to confirm compliance. Private background check companies — which are not automatically notified — may require separate notification and a copy of the order to update their databases.
07
You Are Legally Clear
Once complete, you may legally deny the arrest occurred in most contexts — on job applications, housing applications, and in conversation. There are narrow exceptions: if you are applying for a position with a law enforcement agency, if the licensing board specifically asks about expunged records, or in a criminal proceeding where the expunction is relevant.
Real-World Impact
What Expunction or Non-Disclosure Actually Changes
The practical benefits of clearing your record depend on the remedy — but both can dramatically improve your prospects in the following areas:
Employment
Most private employers run background checks. An expunged record is legally off limits — employers cannot see it, and you cannot be denied employment because of it. A non-disclosure seals it from commercial background check companies, though government employers and some licensing boards can still access it. Texas Labor Code § 52.031 prohibits employers from asking about or considering expunged records.
Professional Licensing
Professional licenses in Texas — nursing, medicine, law, real estate, teaching, cosmetology, and many others — require background checks and disclosure of criminal history. A non-disclosure does not fully protect you from licensing boards, which can still access sealed records. An expunction, however, fully removes the record from the licensing board’s view. If you hold or are seeking a professional license, the difference between these two remedies is critically important.
Housing
Landlords routinely use commercial background check services that access public criminal records. Both expunctions and non-disclosures effectively remove your record from these commercial databases once processed, significantly improving your ability to rent housing in Houston.
Education
Universities, graduate schools, and financial aid applications often ask about criminal history. An expunged record allows you to honestly answer “no” — and the record will not appear on background checks run by admissions offices. A non-disclosure offers more limited protection depending on the school’s policies and the nature of the inquiry.
Immigration
For non-citizens, criminal records — even arrests without conviction — can affect visa status, green card applications, naturalization, and deportation proceedings. Federal immigration agencies (USCIS, ICE) are not bound by Texas expunction orders and may retain their own records. If immigration is a concern, speak to both a criminal defense attorney and an immigration attorney before proceeding.
One thing to know: Private background check companies update their databases on their own schedule — often slowly. After your expunction is granted, your attorney can send the order directly to major background check companies to accelerate removal. This extra step matters if you are actively job hunting.
Frequently Asked Questions
Texas Expunction & Record Sealing — Answered
An expunction under Texas Code of Criminal Procedure Chapter 55 is the stronger remedy — it results in the complete physical destruction of all records relating to the arrest. Once granted, you may legally deny the arrest ever occurred in virtually all contexts, and government agencies must destroy their records. A non-disclosure order under Texas Government Code Chapter 411 seals records from public view but does not destroy them. Private employers and landlords can no longer see them, but certain government agencies and professional licensing boards retain access. Expunction is available primarily after dismissals and acquittals; non-disclosure is the remedy for most deferred adjudication completions and certain DWI convictions.
Yes — a dismissed charge is one of the primary situations that qualifies for expunction in Texas. However, eligibility is not automatic. Disqualifying factors include: having a conviction from the same criminal episode as the dismissed charge, the dismissal being conditioned on a plea in another case, or having a prior felony conviction within five years of the arrest. If your case was dismissed outright with no strings attached and you have no disqualifying history, you are likely eligible. A waiting period may apply if the dismissal occurred before the statute of limitations expired on the charge.
A DWI conviction cannot be fully expunged in Texas. However, two paths to relief exist. First, if your DWI was dismissed or you were acquitted, you qualify for a full expunction — the conviction never occurred. Second, Texas's 2017 HB 3016 created a non-disclosure option for qualifying first-offense DWI convictions — those with no accident, a BAC under 0.15%, and no prior DWI history. After a waiting period of 2 years (if an ignition interlock was required) or 5 years (if not), eligible defendants can petition to seal the conviction from public background checks. This sealing — while not a full expunction — can be enormously valuable for employment and housing.
The court process typically takes 3 to 6 months from filing the petition to the judge signing the order — though Harris County courts can sometimes move faster when petitions are correctly prepared. After the order is granted, agencies have 60 days to destroy records. Private background check databases may take additional time to update, which is why your attorney should proactively notify major reporting companies with a copy of the order. In total, most clients see their record effectively cleared within 6 to 9 months of retaining an attorney.
Generally, no. Once an expunction is granted in Texas, you may legally deny the arrest occurred — on job applications, housing applications, and in most other contexts. Texas Labor Code § 52.031 prohibits employers from requiring disclosure of expunged records and from taking adverse action based on them. There are narrow exceptions: certain government and law enforcement positions may ask specifically about expunged records, and some licensing boards have disclosure requirements that extend to sealed or expunged matters. Your attorney can advise you on exactly what you can and cannot say based on your specific expunction order.
For non-citizens, this question requires special care. Federal immigration agencies — USCIS, ICE, and CBP — are not bound by Texas state expunction orders and are generally exempt from the obligation to destroy their records. Federal immigration records may persist even after a Texas expunction is granted. For immigration purposes, the underlying facts of the arrest may still be considered regardless of the expunction. If you are not a U.S. citizen, you should consult both a Texas criminal defense attorney and a licensed immigration attorney before making decisions about your record. The stakes are too high to rely on a state-level remedy alone.
Final convictions for most Class A and B misdemeanors and all felonies cannot be expunged in Texas, and most are also ineligible for non-disclosure. Certain categories of offenses are explicitly excluded from non-disclosure even after deferred adjudication: family violence offenses, most sex offenses requiring sex offender registration, aggravated kidnapping, murder, capital murder, trafficking of persons, and injury to a child. Additionally, if you have any other criminal conviction on your record, it may disqualify you from non-disclosure even for an otherwise eligible offense. A complete record review by an attorney is the only way to know definitively what relief is available to you.
Attorney fees for a Texas expunction typically range from $750 to $2,000 depending on the complexity of the case, the number of charges being expunged, and the county where the petition is filed. Court filing fees in Harris County add additional cost. Non-disclosure petitions are generally in a similar range. Some attorneys offer flat-fee expunction services. The cost of an expunction should be weighed against the long-term financial impact of carrying a criminal record — lost job opportunities, higher insurance rates, and housing barriers that can cost tens of thousands of dollars over a lifetime.
