Expunction and nondisclosure in Texas

Expunction

• Acquittals and pardons
• Dismissed cases, often after a waiting period
• Completed pretrial diversion
• Class C deferred cases

Nondisclosure

• Completed deferred adjudication for most offenses
• Waiting periods depend on the offense: none for many misdemeanors, 2 years for some, and 5 years for felonies
• Some offenses, including family violence, are not eligible

Read more: Expunction vs. nondisclosure in Texas.

How long do I have to wait to expunge a dismissed case?

If a case was dismissed or never filed, an expunction is often available after the statute of limitations expires, or earlier after waiting periods that depend on the level of the arrest: generally 180 days for a Class C, 1 year for a Class A or B, and 3 years for a felony, if no indictment or information was filed. If charges were filed and dismissed, other conditions apply. Each case should be checked against the current expunction statute.

What is automatic nondisclosure?

For certain first-time misdemeanors that end in deferred adjudication, the court must issue an order of nondisclosure without a petition when the person completes the deferred adjudication and meets the requirements (Government Code 411.072). Offenses involving family violence and some other offenses are excluded.

Can I seal a conviction?

Sometimes. A first-time misdemeanor conviction that ended in community supervision may be eligible for nondisclosure under Government Code 411.073, with a waiting period for certain offense types. Special rules allow nondisclosure for some first DWI convictions (411.0731, 411.0736). Most felony convictions cannot be sealed.

What is the process?

1. Confirm eligibility using the court records and criminal history.
2. File a petition in the correct court, with the required fees.
3. Serve or notify the agencies that hold records.
4. Attend a hearing if one is set.
5. After the order is signed, the agencies are notified to destroy or restrict the records.

What can I say after an expunction or nondisclosure?

After an expunction, you may generally deny the arrest and the existence of the expunction order, except when testifying under oath in a criminal case. After nondisclosure, you generally do not have to disclose the matter in response to questions about your criminal history, but some licensing agencies and law enforcement can still see the records.

Which offenses cannot be sealed by nondisclosure?

Offenses requiring sex offender registration, family violence offenses and several other categories are excluded (Government Code 411.074). Having certain later convictions can also bar nondisclosure.

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What should I gather?

• Court records showing the outcome, such as a dismissal order or discharge
• Your arrest date, agency and case numbers
• A copy of your criminal history, if you have one
• Proof that you completed any deferred adjudication or supervision

Where are these cases heard in Dallas County?

People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both. For eligible adult first-time felony cases, the DA's general pretrial diversion program may be an option if the referral is made before indictment or within 120 days after it.

What happens after an expunction order?

The petition must list the agencies that may have records of the arrest. After the order is signed, it is sent to those agencies, which must return the records to the court or destroy them. It is wise to check commercial background check companies afterward, since some keep old copies.

Can the State oppose a petition?

Yes. The prosecutor receives notice and can contest eligibility. In a nondisclosure under the best-interest-of-justice standard, the judge weighs the facts before granting the order.

Where is an expunction petition filed?

An ex parte petition for expunction is filed in a district court for the county where you were arrested or where the offense was alleged to have happened (Code of Criminal Procedure 55A.251). The petition must include the information listed in article 55A.253, including the agencies believed to have records of the arrest. The court sets a hearing and gives notice to those agencies (55A.254), and an agency that disagrees can appeal the order in the same way as other civil cases (55A.303).

What does a final expunction order do?

Once the order is final, the release, maintenance, dissemination or use of the expunged records for any purpose is prohibited, and you may generally deny that the arrest happened and that the order exists (Code of Criminal Procedure 55A.401). Nondisclosure works differently: the records still exist, but criminal justice agencies may not disclose them to the public, while some agencies and licensing bodies can still see them.

Are there limits on expunging part of a case?

Yes. A court may not expunge an arrest for an offense that ended in acquittal if it arose out of the same criminal episode as another offense for which you were convicted or can still be prosecuted (Code of Criminal Procedure 55A.151). An arrest made on a probation violation warrant cannot be expunged (55A.153). These rules are why it helps to review the whole arrest, not just one charge, before filing.

Can an old unlawful carry conviction be expunged?

For some people, yes. Article 55A.005 allows expunction of a conviction for unlawfully carrying a handgun under Penal Code 46.02(a) as that law read before September 1, 2021, for offenses committed before that date.

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