Can You Expunge or Seal a Criminal Record in Texas?

A criminal record — even one from decades ago, or one that never resulted in a conviction — can quietly follow someone through job applications, housing searches, and professional licensing for the rest of their life. Many people don’t realize that Texas offers two distinct legal paths to address this: expunction, which destroys the record entirely, and an order of nondisclosure, which seals it from public view. Understanding which one applies, and whether either is available, depends heavily on the specifics of the underlying case.

Expunction: Erasing the Record Completely

Expunction (sometimes called expungement) is the more powerful of the two remedies. When a record is expunged, it is treated, legally, as if the arrest never happened. The person can generally deny the arrest ever occurred, including on job applications, with very limited exceptions.

Who typically qualifies for expunction in Texas:

• People who were arrested but never formally charged
• People whose charges were dismissed
• People who were acquitted at trial
• People who completed certain pretrial diversion programs
• People who were convicted but later pardoned

Importantly, expunction is generally not available if the person was convicted of the offense and completed a sentence, probation, or deferred adjudication for anything other than certain low-level Class C misdemeanors. This is one of the most common misunderstandings people have about clearing their record.

Orders of Nondisclosure: Sealing, Not Erasing

When expunction isn’t available — most commonly because the person completed deferred adjudication or, in some cases, straight probation — an order of nondisclosure may still be an option. This doesn’t erase the record, but it does seal it from public and most private background checks, meaning most employers and landlords will no longer be able to see it.

Certain entities, such as law enforcement agencies, courts, and specific licensing boards, may still be able to access sealed records even after nondisclosure is granted.

General eligibility considerations include:

• The type of offense (many violent offenses, sex offenses, and certain family violence cases are excluded entirely)
• Whether deferred adjudication or regular community supervision was successfully completed
• Required waiting periods after completing the sentence, which vary depending on the offense — some qualify immediately, others require waiting two, five, or more years
• A clean record during the required waiting period, since new arrests or convictions can disqualify someone

Why This Distinction Matters in Practice

The difference between “erased” and “sealed” has real consequences. With expunction, a person can legally state under oath that the arrest never happened, in almost all situations. With nondisclosure, the record still technically exists, and certain professional licensing applications and government positions may still require disclosure even after an order is granted.

This is why an accurate legal assessment at the outset matters so much — pursuing the wrong remedy, or assuming eligibility without confirming it, can waste time and money on a petition that a court denies.

The General Process

While specifics vary by county, most petitions for expunction or nondisclosure in Texas follow a similar structure:

1. Confirming eligibility based on the final disposition of the case and applicable waiting periods
2. Filing a formal petition with the court that handled the original case, or the county where the arrest occurred
3. Notifying relevant state and local agencies that hold the record
4. Attending a hearing, which is often uncontested if eligibility is clearly established
5. If granted, ensuring all relevant agencies actually comply with the order and remove or seal the record as required

That last step is more important than many people realize — agencies don’t always update records automatically, and following up is often necessary to make sure the order actually takes effect everywhere it needs to.

Frequently Asked Questions

How long does the expunction or nondisclosure process take in Texas? It varies by county and court docket, but the process commonly takes several months from filing to a final order, sometimes longer if there are multiple agencies involved or the case is older.

Can a felony conviction ever be sealed in Texas? Some felony convictions are eligible for nondisclosure under certain conditions, but many are excluded by statute, particularly violent offenses, and eligibility depends heavily on the specific charge and case outcome.

Does a sealed record show up on a background check for a firearm purchase or a job requiring a security clearance? Certain federal and government background checks may still have access to sealed or even expunged records in specific contexts, which is why it’s important to get a clear picture of what a given remedy will and won’t accomplish.

What happens if I was arrested for multiple charges but only some were dismissed? Texas generally requires that all charges arising from a single arrest be resolved favorably (dismissed, no-billed, or acquitted) before that arrest is eligible for expunction, with limited exceptions.

How the Law Office of John H. Nix Can Help

Determining whether a past arrest or conviction can be expunged or sealed requires a careful review of the exact charges, how the case was resolved, and how much time has passed. The Law Office of John H. Nix helps clients throughout North Texas understand their options for clearing or sealing a record and can walk you through petitions for both expunction and orders of nondisclosure. Contact our office at (903) 868-2600 to find out what options may be available to you.