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Expunction or order of nondisclosure in Texas

Can I clear my record in Texas?

Texas has two main ways to clear a record.

You have to apply

How did your case end?

Pick the one that matches. We'll show the routes Texas law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Expunction destroys records, but it is mostly limited to arrests that did not end in a conviction or court-ordered probation, plus acquittals, pardons and a few other cases. An order of nondisclosure seals a record from the public after deferred adjudication, and for some first-time misdemeanor and DWI convictions, though police, licensing agencies and some employers can still see it. Most other convictions cannot be cleared.1,2,3,4

Checked October 21, 2026 against 38 sources, starting with Texas law, then by a second reader.

What it's called
Expunction or order of nondisclosure1,2,3
Automatic clearing
No, you have to apply6,19
DUI or DWI
Sometimes29,30,31
Filing fee
Varies1,2,3
Fee waiver
Available1,2,3

Expungement

Expunction

Once an expunction order is final, the records and files may not be released, kept, shared or used for any purpose, and the person may generally deny that the arrest happened and that the order exists. If asked under oath in a criminal proceeding about the expunged arrest, the person may say only that the matter has been expunged (Tex. Code Crim. Proc. art. 55A.401). Agencies listed in the order must remove or destroy the records. News media are not covered, and private background-check companies may keep copies, so you may need to contact them yourself (TexasLawHelp). TexasLawHelp notes you may still need to disclose an expunged arrest on immigration or naturalization forms, on federal or military applications that require a security clearance, and on state license applications that require a sworn statement about your record.1,2,3,4

What it's for: Arrests that did not lead to a final conviction or court-ordered community supervision (except community supervision for a Class C misdemeanor), plus acquittals, pardons and a few other situations.

Who can use it

  • You were released, the charge did not end in a final conviction and is no longer pending, and there was no court-ordered community supervision (probation or deferred adjudication) for the offense. Community supervision for a Class C misdemeanor does not count against you (art. 55A.051).
  • No indictment or information was filed and the waiting period has passed: 180 days for a Class C misdemeanor, 1 year for a Class B or A misdemeanor, 3 years for a felony. Alternatively, the prosecutor certifies the records are not needed for any investigation or prosecution (art. 55A.052).
  • The charge was dismissed or quashed because you completed a veterans treatment court, mental health court or pretrial intervention program, or because it was filed by mistake, on false information or for a similar reason showing no probable cause, or because it was void (art. 55A.053). The veterans and mental health court routes can be used only once each.
  • The limitations period for the offense has run out, so you can no longer be prosecuted (art. 55A.054).
  • You were tried and acquitted by the trial court (art. 55A.002), or acquitted on appeal or the prosecutor recommends expunction (art. 55A.101).
  • You were convicted and later pardoned, whether or not the pardon was for actual innocence (arts. 55A.003-55A.004).
  • Other routes cover some convictions for unlawfully carrying a handgun from before September 1, 2021, and some cases of mistaken identity (arts. 55A.005-55A.006; Texas State Law Library).

What doesn't qualify

  • Arrests that led to a final conviction, except the pardon and handgun routes above.
  • Cases where you served court-ordered community supervision, including deferred adjudication, for anything other than a Class C misdemeanor (art. 55A.051).
  • An acquitted charge from the same criminal episode as another offense you were convicted of or can still be prosecuted for (art. 55A.151).
  • Arrests for contempt of court, child support or other civil matters (TexasLawHelp).
  • An arrest made on a warrant for violating the conditions of community supervision (probation) cannot be expunged (art. 55A.153).
  • If you intentionally or knowingly absconded from the jurisdiction after being released on bail, you cannot use the no-charge waiting periods or the expired-limitations route for that arrest (art. 55A.154).

How long you have to wait

RecordWaiting period
Class C misdemeanor arrest, no charge filed180 days from the arrestOr sooner if the prosecutor certifies the records are not needed (art. 55A.052).
Class B or Class A misdemeanor arrest, no charge filed1 year from the arrestOr sooner with the prosecutor's certification (art. 55A.052).
Felony arrest (or misdemeanor arrest with a related felony), no charge filed3 years from the arrestOr sooner with the prosecutor's certification (art. 55A.052).
Charge dismissed after a veterans court, mental health court or pretrial intervention program, or for mistake, false information or a void chargeNo fixed waitAvailable regardless of whether the limitations period has run (art. 55A.053).
Charge dismissed for another reasonUntil the limitations period expires, unless another route above appliesTexasLawHelp warns that a partial expunction after a shorter wait may let prosecutors and police keep records until limitations runs (art. 55A.054; TexasLawHelp).
Acquittal at trialNoneThe trial court must enter the order within 30 days after the acquittal if you ask (after notice to the state) or the prosecutor asks with your consent (art. 55A.201).

How to apply

  1. Check eligibility with the Fresh Start tool on TexasLawHelp.org and the rules above.
  2. Gather arrest dates, the DPS incident/TRN number from your DPS criminal history, case numbers, offense dates, court names and every agency that handled the case.
  3. Fill out the petition for your situation (charges not filed, or charges dismissed or quashed) and list every agency that may have records as a respondent.
  4. If you cannot afford the fees, file a Statement of Inability to Afford Payment of Court Costs at the same time as the petition.
  5. File with the district clerk (e-file, in person or by mail if allowed) and pay the fee unless you filed the fee waiver.
  6. Schedule the hearing, file a notice of hearing and prepare the proposed order. The hearing must be at least 30 days after filing.
  7. Go to the hearing ready to explain why you qualify. Agencies may appear and object.
  8. File the signed order with the clerk and get certified copies. About six months later, check your DPS record to confirm removal (TexasLawHelp).
Where to file
The district court in the county where you were arrested or where the offense allegedly happened (TexasLawHelp). Acquittal orders come from the trial court. Some petitions can be filed in a justice court or municipal court of record (art. 55A.252; art. 102.0061).
Cost
In district court, you pay the fee the court charges to file an ex parte civil petition, plus other fees required by law. Amounts vary by county, so call the district clerk (art. 102.0061, in effect January 1, 2026; TexasLawHelp). In a justice court or municipal court of record, the fee is $100 (art. 102.0061). Since January 1, 2026, a $25 fee can apply for each agency that cannot receive the petition or hearing notice electronically, and another $25 for sending it the order (SB 1667, 2025, per the Office of Court Administration notice in the Texas Register). The fee is waived for an acquittal if you file within 30 days of it, and the district court fee is waived if you completed a veterans treatment court or mental health court program (art. 102.0061). Certified copies of the order may cost extra.
If you can't pay
You can ask to file without paying. If you have a low income, file a Statement of Inability to Afford Payment of Court Costs (form CB-CFFW-100) with your petition (TexasLawHelp).
Court hearing
Sometimes
How long it takes
The hearing is at least 30 days after filing. TexasLawHelp suggests checking your DPS criminal history about six months after the order, and some records can take up to a year to be destroyed.

Official forms

Nondisclosure

Order of nondisclosure

Criminal justice agencies may not disclose the offense to the public. You are not required to state on an application for employment, information or licensing that you were the subject of the sealed proceeding (Tex. Gov't Code § 411.0755). Law enforcement, courts and a long list of other entities can still get the record, including state licensing boards, school districts, charter and private schools, public and nonprofit hospitals and the Department of Family and Protective Services (§ 411.0765). Each order covers one offense, and news media are not affected (TexasLawHelp).18,19,20,21

What it's for: Deferred adjudication that ended in discharge and dismissal, and some first-time misdemeanor and DWI convictions.

Who can use it

  • Deferred adjudication for a misdemeanor, with no prior conviction or deferred adjudication other than a fine-only traffic ticket, where the offense is not DWI/BWI or in Penal Code chapters 20, 21, 22, 25, 42, 43, 46 or 71 (§ 411.072).
  • Deferred adjudication for any other offense not excluded by § 411.074, including felonies, after discharge and dismissal (§ 411.0725). Prior convictions do not bar this route unless § 411.074 does.
  • Deferred adjudication for DWI or BWI, if you have no other conviction or deferred adjudication other than a fine-only traffic ticket (§ 411.0726).
  • A misdemeanor conviction where you completed community supervision without revocation and have no other conviction or deferred adjudication (other than a fine-only traffic ticket), excluding intoxication offenses and organized crime (§ 411.073).
  • A misdemeanor conviction with no community supervision, after you complete the sentence, if you have no other conviction or deferred adjudication (other than a fine-only traffic ticket), excluding intoxication offenses and organized crime (§ 411.0735).
  • A first DWI conviction, with or without community supervision (§§ 411.0731, 411.0736). See the DUI section.
  • Other routes cover veterans treatment court graduates (§ 411.0727), victims of human trafficking or compelling prostitution (§ 411.0728) and the veterans reemployment program (§ 411.0729).

What doesn't qualify

  • Anyone ever convicted of or placed on deferred adjudication for an offense requiring sex offender registration, aggravated kidnapping, murder, capital murder, trafficking of persons, injury to a child, elderly or disabled person, abandoning or endangering a child, violating certain protective orders or bond conditions, stalking, or any other family-violence offense (§ 411.074(b)).
  • Any offense where the court made an affirmative finding of family violence (§ 411.074(b)(2)).
  • Anyone convicted of or placed on deferred adjudication for a new offense (other than a fine-only traffic ticket) during the waiting period (§ 411.074(a)).
  • Misdemeanor convictions under § 411.0735 if the court finds the offense was violent or sexual in nature (assault under Penal Code § 22.01 is not counted for this bar).
  • DWI routes are closed if the offense caused a collision involving another person, including a passenger (§§ 411.0726, 411.0731, 411.0736).

How long you have to wait

RecordWaiting period
Deferred adjudication, first-time nonviolent misdemeanor (§ 411.072)At discharge and dismissal, or 180 days after deferred adjudication began if that is later
Deferred adjudication, misdemeanor (§ 411.0725)None after discharge and dismissal
Deferred adjudication, misdemeanor under Penal Code chapters 20, 21, 22, 25, 42, 43 or 462 years after discharge and dismissal§ 411.0725(e)
Deferred adjudication, felony5 years after discharge and dismissal§ 411.0725(e)
Misdemeanor conviction with community supervision (§ 411.073)When community supervision ends2 years after it ends for offenses in Penal Code chapters 20, 21, 22, 25, 42, 43 or 46.
Misdemeanor conviction, no community supervision, fine only (§ 411.0735)When the sentence is complete
Misdemeanor conviction, no community supervision, other misdemeanors (§ 411.0735)2 years after the sentence is complete
DWI or BWI deferred adjudication (§ 411.0726)2 years after discharge and dismissal
DWI conviction with community supervision (§ 411.0731)2 years after supervision ends if you used an ignition interlock for at least 6 months; otherwise 5 years
DWI conviction without community supervision (§ 411.0736)3 years after the sentence ends if you used an ignition interlock for at least 6 months; otherwise 5 years

How to apply

  1. Find the right section with the Nondisclosure Order Prep Guide or the Fresh Start tool on TexasLawHelp.org.
  2. Wait until the waiting period for your section has passed.
  3. Fill out the petition (or, for § 411.072, the letter) and the proposed order. List every agency that may have your record. For DWI and conviction-based sections, attach certified copies of the judgment, dismissal and discharge order and your DPS criminal history.
  4. File with the clerk of the court that handled your case, and pay the fee or file a Statement of Inability to Afford Payment of Court Costs.
  5. Serve the prosecutor and file a certificate of service (not needed for § 411.072).
  6. Go to the hearing if one is set, ready to explain why sealing is in the best interest of justice.
  7. After the order is signed, follow up with DPS and ask private background-check companies to remove the record (TexasLawHelp).
Where to file
The court that placed you on deferred adjudication or imposed the sentence (Tex. Gov't Code ch. 411, subch. E-1; TexasLawHelp).
Cost
Under § 411.072 you pay a $28 fee to the clerk. Petitions under the other sections must include the fee that generally applies to filing a civil case (§ 411.0745), which varies by county. Certified copies of documents usually cost extra (TexasLawHelp).
If you can't pay
You can ask to file without paying. File a Statement of Inability to Afford Payment of Court Costs (form CB-CFFW-100) with your petition or letter (TexasLawHelp).
Court hearing
Sometimes
How long it takes
After the judge signs, the clerk sends the order to DPS and the listed agencies within 15 business days, and DPS seals the record within 10 business days (TexasLawHelp).

Official forms

Automatic clearing

Texas has no Clean Slate law and does not clear or seal records automatically. Two procedures come close but still need a request: after an acquittal, the trial court must enter an expunction order within 30 days if asked (Tex. Code Crim. Proc. art. 55A.201), and for first-time nonviolent misdemeanor deferred adjudication the court must issue a nondisclosure order once you show you qualify and pay $28 (Tex. Gov't Code § 411.072).6,19

DUI and DWI records in Texas

A DWI conviction or DWI deferred adjudication cannot be expunged, because expunction does not cover convictions or court-ordered community supervision (Tex. Code Crim. Proc. art. 55A.051). A DWI arrest that was dropped or dismissed without supervision may be expunged under the normal rules, but records of a driver's license suspension or revocation (for example, an administrative license suspension) are not expunged under Chapter 55A except as Transportation Code §§ 524.015 and 724.048 allow (art. 55A.152). A DWI can be sealed with an order of nondisclosure in three situations. Each one requires no other conviction or deferred adjudication (other than a fine-only traffic ticket), no collision involving another person (including a passenger), and a judge's finding that sealing is in the best interest of justice: (1) deferred adjudication for DWI or BWI, 2 years after discharge and dismissal (Tex. Gov't Code § 411.0726); (2) a DWI conviction with community supervision, 2 years after supervision ends if you used an ignition interlock for at least 6 months, otherwise 5 years (§ 411.0731); (3) a DWI conviction without community supervision, 3 years after the sentence ends with at least 6 months of interlock, otherwise 5 years (§ 411.0736). The two conviction routes exclude DWIs punished under Penal Code § 49.04(d), which applies when a test showed an alcohol concentration of 0.15 or more. DWI is excluded from the general misdemeanor nondisclosure sections (§§ 411.072, 411.0725, 411.073, 411.0735).10,19,29,30,31,32

Arrests and dismissed charges

Arrests that did not lead to a conviction are cleared by expunction. You qualify if no charge was filed and 180 days (Class C), 1 year (Class B or A) or 3 years (felony) have passed, if the charge was dismissed after a veterans court, mental health court or pretrial intervention program or for mistake or a void charge, if the limitations period has run, or if you were acquitted (Tex. Code Crim. Proc. arts. 55A.002, 55A.051-55A.054). Deferred adjudication is not a non-conviction for this purpose: except for Class C misdemeanors, it blocks expunction, and the route is an order of nondisclosure instead.2,4

What employers can see afterward

After an expunction you may generally deny the arrest (Tex. Code Crim. Proc. art. 55A.401). After a nondisclosure order you are not required to state the sealed offense on an application for employment, information or licensing (Tex. Gov't Code § 411.0755), but many licensing agencies, schools, hospitals and other listed entities can still get the record (§ 411.0765). Texas limits negligent-hiring lawsuits against employers that are based only on an employee's criminal conviction, with exceptions for offenses tied to the job, serious violent offenses and sexually violent offenses (Tex. Civ. Prac. & Rem. Code § 142.002). We did not find a Texas statute limiting when private employers may ask about criminal records.7,27,28,33

Free help in Texas

  • TexasLawHelp.org: clearing and sealing records

    Statewide legal-aid site with expunction and nondisclosure guides, free forms, a fee-waiver form, a legal help directory and online chat.

  • Fresh Start eligibility tool

    Free, anonymous interactive tool (Texas Fresh Start), developed by Georgetown University Law Center students and linked from TexasLawHelp.org's expunction guide, that helps you see whether expunction or nondisclosure may fit your case. It shows no last-updated date and its page title carries a May 6, 2020 label, so confirm what it tells you with the court or a legal aid office.

  • Texas State Law Library: Expunctions and Nondisclosure guide

    State law library research guide with links to sample forms and legal aid organizations.

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.34,35,36
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.37,38

This page explains Texas's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Texas?" https://secondchanceindex.com/record-clearing/texas, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. Tex. Code Crim. Proc. ch. 55A (arts. 55A.001-55A.451)
  2. I need to clear an arrest from my record (expunction)TexasLawHelp.org
  3. Tex. Code Crim. Proc. art. 55A.051 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  4. Tex. Code Crim. Proc. art. 55A.052 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  5. Tex. Code Crim. Proc. art. 55A.053 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  6. Tex. Code Crim. Proc. art. 55A.201 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  7. Tex. Code Crim. Proc. art. 55A.401 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  8. Tex. Code Crim. Proc. art. 55A.004, Pardon for Reason Other than Actual Innocence (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  9. Tex. Code Crim. Proc. art. 55A.101, Appellate Court Acquittal or Recommendation of Attorney Representing State (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  10. Tex. Code Crim. Proc. art. 55A.152, Driver's License Suspension or Revocation (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  11. Tex. Code Crim. Proc. art. 55A.153, Arrest for Violation of Community Supervision (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  12. Tex. Code Crim. Proc. art. 55A.154, Certain Persons Absconding After Arrest (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  13. Tex. Code Crim. Proc. art. 102.0061 (republished statute text, current as of January 1, 2026)FindLaw, republishing the Texas Legislature's text
  14. Texas Register, In Addition: Office of Court Administration notice on expunction fees (SB 1667 and HB 16)Texas Secretary of State
  15. Texas Judiciary Legislative Update, 89th LegislatureTexas Judicial Council
  16. Bill analysis, HB 4504 (88R): nonsubstantive revision of the Code of Criminal Procedure, effective January 1, 2025Texas Legislature Online
  17. Legal FAQs: Expunctions and Nondisclosure OrdersTexas State Law Library
  18. Tex. Gov't Code ch. 411, subch. E-1 (§§ 411.071 and following)
  19. How to Ask for a Nondisclosure Order (Seal Your Criminal Record)TexasLawHelp.org
  20. Nondisclosure Orders and Sealing Your Criminal Record in TexasTexasLawHelp.org
  21. Tex. Gov't Code § 411.072 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  22. Tex. Gov't Code § 411.0725 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  23. Tex. Gov't Code § 411.073 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  24. Tex. Gov't Code § 411.0735 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  25. Tex. Gov't Code § 411.074 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  26. Tex. Gov't Code § 411.0745 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  27. Tex. Gov't Code § 411.0755 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  28. Tex. Gov't Code § 411.0765 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  29. Tex. Gov't Code § 411.0726 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  30. Tex. Gov't Code § 411.0731 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  31. Tex. Gov't Code § 411.0736 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  32. Tex. Penal Code § 49.04 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  33. Tex. Civ. Prac. & Rem. Code § 142.002 (republished statute text)Texas.Public.Law, republishing the Texas Legislature's text
  34. List of consumer reporting companiesConsumer Financial Protection Bureau
  35. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  36. Employer Background Checks and Your RightsFederal Trade Commission
  37. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  38. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)