An old arrest — even one where charges were dropped, where you were found not guilty, or where nothing ever came of it — can appear in background checks for years and cost you jobs, housing, and opportunities. Texas law gives eligible people the right to permanently destroy those records. Here’s how the process actually works.
Expunction vs. Order of Nondisclosure: Two Different Remedies
Texas offers two distinct forms of record relief. Understanding which one applies to your situation is the starting point for everything else.
An expunction under Chapter 55 of the Texas Code of Criminal Procedure is the more complete remedy. It requires all agencies that hold records of your arrest — police departments, the DA’s office, the courts, DPS, and the FBI — to physically destroy those records. After a successful expunction, you have the legal right to deny under oath that the arrest ever occurred. It is as if it never happened.
An order of nondisclosure under Chapter 411 of the Government Code seals records rather than destroying them. Sealed records are not visible to most private employers, landlords, or members of the public in background searches. However, law enforcement agencies and certain government licensing boards can still see them. The nondisclosure is the remedy most commonly available to people who successfully completed deferred adjudication.
The general rule: if you were arrested but not convicted — charges dismissed, case no-billed, found not guilty — you are likely eligible for expunction. If you completed deferred adjudication, you may be eligible for nondisclosure. If you were actually convicted, neither remedy is generally available in Texas.
Who Qualifies for Expunction in Texas
Texas Code of Criminal Procedure Chapter 55 provides expunction eligibility in these situations:
- You were arrested but charges were never filed (after the applicable waiting period)
- Charges were filed but later dismissed (after waiting period and without re-filing risk)
- You were acquitted at trial (no waiting period)
- Your conviction was reversed on appeal
- You were convicted but later pardoned based on innocence
- You completed deferred adjudication for a Class C misdemeanor (no fine only)
- You were a minor charged with certain alcohol-related offenses
The most important eligibility gate: convictions generally cannot be expunged in Texas. If you were found guilty or pled guilty and received a conviction — not deferred adjudication — the record cannot be expunged under current law.
Waiting Periods Before You Can File
Before filing a petition for expunction, the applicable waiting period must have elapsed from the date of arrest. During this time, the State must not have filed charges, or if charges were filed, they must have been dismissed without refiling:
Delito Menor Clase C
180 days
From arrest date; no charges filed or charges dismissed
Class A or B Misdemeanor
1 year
From arrest date; same conditions
Felony
3 years
From arrest date; charges not filed or dismissed
Acquittal at Trial
Immediate
No waiting period after a not-guilty verdict
DWI Nondisclosure
2 or 5 years
2 years without ignition interlock; 5 years with interlock requirement
Deferred Adjudication Nondisclosure
Varies
Immediately eligible for most misdemeanors; 2–5 years for felonies
The Expunction Process in Harris County: Step by Step
1.
Eligibility Analysis
Your attorney reviews your complete criminal history — including Texas DPS records and any records in other states — to identify every eligible arrest. Some people have multiple arrests, only some of which qualify. This analysis must be precise because an incomplete petition that misses agencies with records can result in partial expunction.
2.
Identify All Agencies Holding Records
The petition must name every agency with records of the arrest: the arresting law enforcement agency, the DA’s office, the court, the Texas DPS, the FBI, and any other agency that received notification of the arrest. Omitting an agency means their records survive the expunction.
3.
File the Petition in the Correct Court
The petition is filed in the court where the criminal case was prosecuted — or, if no charges were filed, in the district court of the county of arrest. In Houston, this means Harris County district courts for felonies and county courts for misdemeanors. Filing fees vary by court.
4.
Serve All Named Agencies
Every agency named in the petition must be served with notice of the hearing. This allows each agency to appear and object if they believe expunction is not warranted. In practice, most expunctions proceed without objection when eligibility is clear.
5.
Hearing Before the Judge
A judge considers whether you meet all eligibility requirements. Most uncontested expunctions in Harris County are brief. If the State objects — typically over the waiting period or refiling questions — your attorney argues your eligibility. The hearing is usually scheduled within 60–90 days of filing.
6.
Order Signed and Distributed
Once the judge signs the expunction order, it is sent to every named agency. Each agency is legally required to destroy its records within a set period. Your attorney should follow up to confirm compliance, as some agencies are slower than others.
7.
Private Background Check Databases
Private background check companies (Checkr, BeenVerified, Spokeo, etc.) are not automatically bound by the expunction order. They collect from public sources and may not update promptly. After your expunction is granted, you can contact these companies directly with a copy of the court order to request removal. Your attorney can assist with this process.
The Deferred Adjudication Trap
One of the most important — and most misunderstood — issues in Texas record relief is the status of deferred adjudication. Many people believe that successfully completing deferred adjudication means “no record.” That is not entirely true.
Under Texas law, deferred adjudication is not a conviction, and completed deferred adjudication can qualify for an order of nondisclosure. However, deferred adjudication is generally not eligible for expunction in Texas (with limited exceptions for Class C misdemeanors). The record of the arrest itself, and the fact that you entered a plea under a deferred adjudication agreement, may still be accessible in some contexts even after a nondisclosure order is granted.
More critically: for immigration purposes, deferred adjudication in Texas is often treated as a conviction under federal immigration law — regardless of state law treatment. If you are not a U.S. citizen, the immigration implications of any record-related action require a crimmigration analysis before and after any proceeding.
Texas expunction does not bind federal immigration agencies.
ICE, USCIS, and CBP are generally exempt from state expunction orders and may maintain their own records of the arrest. For immigration purposes, federal agencies can still consider an arrest — and even a completed deferred adjudication — that has been expunged or sealed under state law. Non-citizens should consult a crimmigration attorney in addition to an expunction attorney.
What a Clean Record Actually Opens Up
The practical impact of an expunction is often transformative. With a clean record, you can truthfully answer “No” to questions about arrest history on job applications — including for positions requiring security clearance, professional licenses, and government employment. Landlords conducting background checks won’t find the arrest. Universities and professional licensing boards won’t see it.
If you’ve been carrying an old arrest record for years and haven’t looked into whether it qualifies for expunction, there’s a real chance the answer is yes — and that you’ve been living with a consequence that could legally be removed.
Think You Might Qualify for Expunction?
Free eligibility analysis — no obligation. In 15 minutes we can tell you whether your record qualifies and what the process looks like.
