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.

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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.

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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.

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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:

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⚠ 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:

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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.

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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.

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The Filing Process How the Texas Expunction Process Works — Step by Step

01 Eligibility Review

1–3 days: 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

1–2 weeks: 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

1–2 weeks: 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

30–60 days: 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

1 day: 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

60 days after order: 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

Permanent: 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.

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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.