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Everything is bigger in Texas, including the complexity of its criminal record laws. If you have an arrest or a conviction on your record in the Lone Star State, you must navigate a strict, dual-track system to clear your name. This Texas Nondisclosure and Expunction Guide will help you understand the exact mechanisms available to protect your future from a past mistake.
Texas is famously tough on crime, but the state legislature also recognizes the importance of putting people back to work. As a result, they have built specific legal pathways that allow individuals to hide or destroy their criminal histories, provided they meet very rigid criteria.
The Two Paths: Expunction vs. Nondisclosure
If you are researching how to clear your record in Texas, you must immediately understand the difference between the state's two remedies: Expunction and an Order of Nondisclosure.
As detailed in our general guide on the differences between expungement and sealing, these two paths offer vastly different levels of protection. In Texas, you do not get to choose which path you take. The outcome of your specific criminal case dictates exactly which remedy you are legally permitted to pursue.
Texas Expunction: Complete Erasure
An Expunction in Texas is the holy grail of criminal record relief. When a Texas judge signs an Order of Expunction, they are ordering all state agencies, county clerks, and police departments to physically destroy all records of your arrest and prosecution.
You can legally deny the arrest ever occurred, and if a private background check company asks the county clerk for the record, the clerk will truthfully answer that no such record exists.
Who is eligible for an Expunction in Texas?
Because expunction is so powerful, Texas reserves it almost exclusively for people who were never convicted. You generally qualify if:
- You were arrested but charges were never formally filed.
- The charges against you were dismissed.
- You went to trial and were found "Not Guilty" (acquitted).
- You successfully completed a pretrial diversion program.
- You were pardoned by the Governor.
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Check EligibilityOrders of Nondisclosure (Record Sealing)
If you plead guilty or no contest and were convicted (or placed on deferred adjudication), you are generally barred from receiving an expunction. Instead, you must seek an Order of Nondisclosure.
A Nondisclosure order seals your record from the general public. Private employers, landlords, and nosy neighbors will not be able to see it. However, the record is not destroyed. It remains visible to law enforcement, state licensing boards (like the Texas Medical Board or the State Bar), and certain public entities (like school districts).
The Crucial Role of Deferred Adjudication
The most common path to an Order of Nondisclosure in Texas is through Deferred Adjudication.
Deferred Adjudication is a special type of probation. If you plead guilty or no contest, the judge "defers" a finding of guilt and places you on probation. If you successfully complete the probation, the judge dismisses the case.
Warning: While the case is technically "dismissed" after deferred adjudication, Texas law explicitly states that this type of dismissal does not qualify for an Expunction. You must file for an Order of Nondisclosure.
In recent years, Texas has expanded Nondisclosure laws (the "Second Chance Law") to allow sealing for certain low-level, non-violent misdemeanor convictions even if the person did not receive deferred adjudication (e.g., they served jail time or paid a fine), provided they meet specific waiting periods and have no other criminal history.
Texas Waiting Periods
The timeline for relief in Texas is strictly regulated by statute.
- Expunctions (Dismissals/Acquittals): You can often file immediately after the statute of limitations expires, or sooner if the prosecutor agrees.
- Nondisclosure (Most Misdemeanors): Generally requires a waiting period of 2 years after completing deferred adjudication or your sentence. Some minor misdemeanors have no waiting period.
- Nondisclosure (Felonies): Generally requires a waiting period of 5 years after completing deferred adjudication. (Note: True felony convictions that did not involve deferred adjudication are rarely eligible for sealing in Texas).
If your charge falls into a category of severe violence or sex offenses, you should review our guide on what felonies cannot be expunged, as Texas strictly forbids sealing or expunging these crimes.
How to File in Texas
Filing in Texas requires preparing a Petition and a proposed Order, and filing them in the District or County Court where the offense occurred.
The clerk will charge a filing fee (typically around $300-$350, though it varies by county). The court will then schedule a hearing, giving the District Attorney or the Department of Public Safety (DPS) a chance to object. If your paperwork is perfect and you clearly meet the statutory requirements, many judges will sign the order without requiring a formal hearing.
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Frequently asked questions
- What is the difference between expunction and nondisclosure in Texas?
- Texas expunction permanently erases records for arrests that didn't lead to conviction, such as dismissals and acquittals, while an order of nondisclosure seals an eligible conviction from public view but keeps it available to certain agencies.
- Can a conviction be expunged in Texas?
- Generally no. Texas expunction is limited to arrests without a conviction. If you were convicted, an order of nondisclosure is usually the path to hide the record from the public.
- Who qualifies for an order of nondisclosure in Texas?
- Eligibility depends on the offense, whether you completed deferred adjudication or probation, and any required waiting period. Some offenses, including certain violent and family-violence crimes, are excluded.
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Community Discussion & Questions
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I pleaded guilty to misdemeanor possession in Harris County (Houston) with deferred adjudication. Successfully finished probation 3 years ago and the judge issued an order of dismissal. I applied for an operations role at an oil & gas company in Midland, and Sterling flagged an arrest and guilty plea on my background check! Why is this showing up if the court dismissed the case?
Hi Cody! You encountered the single most common pitfall in Texas criminal jurisprudence. In Texas, successfully completing deferred adjudication dismisses the charges without a final conviction, but it does NOT grant an Expunction under Chapter 55. Your arrest, booking records, and court case remain completely visible on county court portals and DPS records until you petition for an Order of Nondisclosure under Texas Government Code § 411. Once a judge signs the nondisclosure order, commercial background screeners are legally prohibited from disclosing the record to employers!
@Cody M* Happened to me in Tarrant County (Fort Worth). Criminal defense lawyers never seem to emphasize that 'dismissal' after deferred adjudication is only halfway. ExpungePro prepared and e-filed my Petition for Nondisclosure in county court. The judge approved it in 7 weeks, DPS notified the private databases, and my next background check with Sterling came back 100% spotless. Well worth taking care of immediately.
Is it true that any criminal charge involving an affirmative finding of family violence can never be sealed in Texas, even if deferred adjudication was granted and completed?
Yes, Hector. Texas Government Code § 411.074(b) strictly disqualifies any offense involving an affirmative finding of family violence (Texas Family Code § 71.004) from receiving an Order of Nondisclosure, regardless of how long ago it occurred or how successfully probation was completed. If you want to check whether your Texas court judgment contains a disqualifying affirmative finding, take our Free 60-Second Texas Eligibility Assessment right now!
I completed 4 years of deferred adjudication for a third-degree felony credit card charge in 2024. When am I allowed to file for nondisclosure? Does the 5-year waiting period start from when I was placed on probation or when I finished?
Under Texas Government Code § 411.074, the mandatory 5-year waiting period for eligible felony deferred adjudication begins on the date of your formal discharge and dismissal (when you completed community supervision), not when you were placed on probation. Furthermore, during that 5-year statutory clock, you must maintain a completely clean record without any new convictions or deferred adjudications.
I received a first-time Class B misdemeanor DWI in Austin (Travis County) back in 2020 with no collision or injuries. I was told years ago that Texas NEVER allows DWIs to be sealed or expunged. Has that changed in 2026?
Yes, Colby! Under the Texas Second Chance Law (HB 3016 / Texas Government Code § 411.0726), individuals with a single first-offense DWI can petition for an Order of Nondisclosure if: (1) your BAC was under 0.15, (2) no collision involving another person occurred, (3) you completed probation and paid all restitution/fines, and (4) you completed the mandatory waiting period (2 years if an ignition interlock was installed for at least 6 months, or 5 years without an interlock). Once sealed, civilian employers cannot view it!
@Colby R* Can confirm 100%! I had a first offense DWI from 2019 in Collin County. Waited the 5-year period and filed my nondisclosure petition through ExpungePro. The county attorney did not contest it, and the county court at law judge signed the order. I work in corporate healthcare now and it has never popped up on my Checkr screens.
In Dallas County, I completed a Pre-Trial Intervention (PTI) diversion program for misdemeanor theft. I never entered a guilty or no-contest plea in front of a judge, and the district attorney dismissed the indictment. Do I need an Order of Nondisclosure or can I get a complete Expunction?
Because you completed Pre-Trial Intervention without entering a formal plea of guilt or nolo contendere, you qualify for a complete TEXAS EXPUNCTION under Chapter 55 of the Texas Code of Criminal Procedure! Unlike a nondisclosure, an Expunction orders the physical destruction of all arrest logs, jail fingerprint cards, and court dockets, and legally restores your right to deny the arrest ever took place under Texas law.
@Darrell P* PTI is definitely the gold standard! I completed PTI in Bexar County (San Antonio). ExpungePro drafted my Chapter 55 petition, served the Texas DPS, the Bexar County Sheriff, and the DA. The district judge entered the Expunction Order, and everything was completely incinerated from state databases. Go for the expunction!
How do private background check aggregators like Checkr, Sterling, or HireRight actually find out that a Texas judge signed an Order of Nondisclosure?
By Texas statute, once a judge signs your Order of Nondisclosure, the district or county clerk transmits a certified copy to the Texas Crime Records Service at DPS in Austin. Texas DPS is mandated to push automated electronic purge notifications to licensed commercial criminal history vendors. To ensure prompt adherence, ExpungePro also sends formal compliance notices directly to the major consumer reporting bureaus so your record disappears from pre-employment databases within 30 days!
I am taking courses for my Texas Real Estate License (TREC). If I obtain an Order of Nondisclosure for an old misdemeanor, do I still have to disclose it on my TREC application? Can state licensing agencies still see sealed records in Texas?
Excellent question, Whitney. Under Texas Government Code § 411.0765, approximately 30 state regulatory agencies (including TREC, the Texas Board of Nursing, TDLR, and the State Bar) are exempt from nondisclosure orders and receive sealed records directly from the Texas DPS repository. You must disclose it if their application questions require it. HOWEVER, attaching a signed Order of Nondisclosure proves to the commission that a judge found your rehabilitation to be in the 'best interests of justice,' which routinely expedites license fitness approvals!
@Whitney T* I went through this exact process with TREC in Houston. I got my nondisclosure granted first, then filed a Fitness Determination with TREC including my certified court order. The TREC investigator approved my eligibility in less than 4 weeks without requiring a formal hearing. Having the judge's signed order in hand made all the difference.