Clearing arrest records and sealing eligible offenses under Texas law.
Old criminal records affect employment, housing, professional licensing, and personal life long after the case itself is over. Texas law provides two main forms of relief: expunction, which orders the records destroyed, and nondisclosure, which seals the records from most public view. Understanding which one applies and how to obtain it is the practical work of clearing a record.
Chapter 55 of the Texas Code of Criminal Procedure governs expunctions. When granted, the court orders law enforcement agencies, the courts, and other entities holding records to destroy them. The arrest disappears as a matter of law and the petitioner can lawfully deny it ever occurred, with limited exceptions.
Eligibility for expunction generally requires that the arrest did not result in a conviction or court-ordered community supervision, with several specific scenarios that qualify. The most common are acquittal, dismissal without supervision, no-billed grand jury results, and certain pardoned convictions.
Arrests that resulted in dismissal are often eligible for expunction once any applicable waiting period has run. The waiting periods depend on the offense classification: 180 days for a Class C, one year for Class A or B misdemeanors, and three years for felonies. The waiting period is from the date of arrest, not from the date of dismissal.
Acquittals at trial are eligible for expunction immediately, as are most pre-trial diversion completions in counties that offer them. Pardons granted on the basis of innocence also qualify.
Nondisclosure under Chapter 411 of the Government Code seals records from public view but does not destroy them. Law enforcement agencies, certain licensing boards, and a list of other authorized entities can still access the records, but the general public, employers, and most background check services cannot.
Nondisclosure is available for certain deferred adjudication completions and for some convictions following waiting periods. The categories changed substantially in 2017 when the legislature expanded the relief for first-time low-level offenders. What is available in any given case depends on the offense, the disposition, and the criminal history.
Both expunction and nondisclosure require formal petitions filed in district court. The petitions must include specific identifying information, the disposition of the underlying case, and verification of eligibility. After filing, the court typically sets a hearing where the petitioner or counsel presents the case.
District attorneys often participate in these proceedings and may contest eligibility in close cases. State agencies that hold records may also be notified and can object. We handle the entire filing process, from eligibility analysis through hearing and entry of the order, and follow up to confirm the records are actually cleared or sealed.
An expunged or sealed record changes what shows up on background checks for most employment, housing, and licensing purposes. It can mean the difference between getting a job and not, between being approved for housing and not, between obtaining a professional license and being denied. The practical impact on daily life is often substantial.
Not every old record is eligible. Some offenses are statutorily excluded from both expunction and nondisclosure. Some require waiting periods that have not yet run. The first step is an honest eligibility analysis based on your specific records.
Talk to an attorney who handles these cases regularly. Consultation requests are reviewed personally and treated with full confidentiality.
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