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Clear Your Criminal Record in Texas — Expungement and Nondisclosure Explained

A prior arrest or charge does not have to follow you through every job application, housing form, and background check for the rest of your life. Texas law gives many people a real path to either destroy that record entirely or seal it from public view — and I can tell you exactly which option applies to your situation.

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Expunction vs. Nondisclosure: What Is the Difference?

These are two separate legal remedies, and the distinction matters. An expunction — also called a record expunction in Texas — results in the complete destruction of the arrest record. Once granted, you can legally deny the arrest occurred on most background checks, job applications, and housing forms. A nondisclosure order, by contrast, seals the record from public access. Employers and landlords conducting standard background checks will not see it. Law enforcement agencies and certain licensing boards, however, can still access a sealed record.

 

Knowing which remedy you qualify for depends on the outcome of your case and how it was resolved. I walk every client through that analysis before we file anything.

Who Qualifies to Clear Their Criminal Record in Texas?

Eligibility depends on what happened in your case. The four most common scenarios I see are:

 

  • Arrest without charges filed: If you were arrested but the prosecutor never filed charges, you are likely eligible for expunction. This is one of the strongest grounds available under Texas law.
  • Acquittal or dismissal: If your case went to trial and you were acquitted, or if the charges were dismissed, expunction is typically available. A dismissed case should not follow you — and Texas law says it does not have to.
  • Deferred adjudication completed: If you successfully completed deferred adjudication probation, you are not eligible for expunction, but you may qualify for an order of nondisclosure after a waiting period. This applies to most misdemeanors and many felonies.
  • Community supervision completed: In limited circumstances, completion of regular community supervision may open the door to nondisclosure for certain misdemeanor offenses.

 

Waiting periods vary based on offense type and how your case was resolved. I review each case individually because eligibility is not always obvious from the charge alone.

For relatives living outside the United States


After USCIS approves the initial petition, the case transfers to the National Visa Center and then to a U.S. embassy or consulate in the applicant's home country. Your relative attends an interview abroad and, if approved, enters the United States as a lawful permanent resident. I prepare families for what the consular interview involves and what documents are required.


The right path depends on your family member's specific situation, including whether they entered the U.S. lawfully, whether they have any prior immigration violations, and whether any bars to admissibility apply.

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Consular Processing

What Waiting Periods Apply to Expungement and Nondisclosure in Texas?

Texas law sets specific waiting periods before a petition for expunction or nondisclosure can be filed, and those timelines vary by offense type and case outcome. For many dismissed or acquitted cases, there is no mandatory waiting period — the petition can be filed immediately after the case is resolved. For deferred adjudication cases, the waiting period is typically two years for misdemeanors and five years for felonies, though some offenses carry different timelines. Certain serious offenses are not eligible for nondisclosure at all, regardless of how probation was completed.

 

Because the rules shift depending on the specific charge and outcome, I recommend scheduling a case review rather than trying to determine eligibility from general information alone. A filing error or a premature petition can delay the process or result in a denial.

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How the Expungement and Nondisclosure Process Works

Texas law sets specific waiting periods before a petition for expunction or nondisclosure can be filed, and those timelines vary by offense type and case outcome. For many dismissed or acquitted cases, there is no mandatory waiting period — the petition can be filed immediately after the case is resolved. For deferred adjudication cases, the waiting period is typically two years for misdemeanors and five years for felonies, though some offenses carry different timelines. Certain serious offenses are not eligible for nondisclosure at all, regardless of how probation was completed.

 

Because the rules shift depending on the specific charge and outcome, I recommend scheduling a case review rather than trying to determine eligibility from general information alone. A filing error or a premature petition can delay the process or result in a denial.

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Petition Preparation and Filing

I review your case records, confirm your eligibility, and prepare the petition for expunction or nondisclosure. Every agency that holds a record of the arrest — including the arresting agency, the prosecutor's office, and any court that processed the case — must be properly served. I manage that service list so nothing is missed.

Hearing and Final Order

Some petitions are granted without a hearing. Others require a brief court appearance. I represent you at the hearing if one is scheduled and work to resolve any objections from the state. Once the court signs the order, I follow up to confirm that all agencies comply and the record is properly destroyed or sealed.

Immigration Consequences and Your Criminal Record

  • Can I expunge a felony arrest in Texas?

    If the felony charge was dismissed, resulted in acquittal, or was never filed by the prosecutor, expunction may be available. A felony conviction or a felony resolved through deferred adjudication is generally not eligible for expunction, though deferred adjudication felonies may qualify for nondisclosure after a five-year waiting period, depending on the offense.

  • How do I clear my criminal record in Texas if I completed deferred adjudication?

    Completing deferred adjudication makes you eligible to apply for an order of nondisclosure, not an expunction. The waiting period is typically two years for misdemeanors and five years for felonies. Once the order is granted, the record is sealed from public background checks, though law enforcement and certain agencies can still access it.

  • Will sealing my record help me pass a background check for a job or apartment?

    In most cases, yes. Standard employment and tenant background checks run through consumer reporting agencies will not return a nondisclosed or expunged record. However, background checks for certain licensed professions, government employment, or positions requiring security clearances may still surface sealed records depending on the licensing board or agency involved.

  • If my record is expunged, can I legally say I was never arrested?

    Under Texas law, once an expunction order is granted, you may legally deny the arrest on most applications and background check forms. There are limited exceptions — certain government applications and licensing processes may still require disclosure — but for the vast majority of civilian purposes, the answer is yes.

  • I am not a U.S. citizen. Will expunging my record help my immigration case?

    Not directly. Immigration agencies, including USCIS and immigration courts, retain access to criminal records even after a Texas court has ordered them expunged or sealed. The immigration consequences of a prior arrest or charge are governed by federal immigration law, not state court orders. If you have both a criminal record and immigration concerns, I can review both together and give you an accurate picture of where you stand.
Bilingual Expungement and Record Sealing Services in Corpus Christi

Frequently Asked Questions About Expungement and Nondisclosure in Texas

This is a question I hear often from non-citizen clients, and the honest answer is important to understand before you file. Clearing your criminal record in Texas — whether through expunction or nondisclosure — does not erase the immigration history of that charge. USCIS, immigration courts, and federal immigration enforcement agencies retain access to criminal records even after a Texas court has ordered them sealed or destroyed.

 

This does not mean expungement or nondisclosure is without value for a non-citizen. Clearing a record can matter for employment, housing, and certain state licensing decisions. But it will not, on its own, resolve an immigration consequence that has already attached to a charge. If you are not a U.S. citizen and you have a prior arrest or conviction, I can evaluate both the criminal record and the immigration implications together — because I handle both areas of law and understand how they interact.

Bilingual Expungement and Record Sealing Services in Corpus Christi