Can You Clear or Seal a Criminal Record in Texas

An arrest or criminal case can continue affecting your life long after the court proceedings end. A criminal record may create problems when applying for employment, housing, professional licenses, education, or other opportunities.

Texas law provides two possible ways to address certain criminal records. These options are an expunction and an order of nondisclosure. They provide different levels of protection, and not everyone qualifies.

Understanding the difference can help you determine what options may be available in your situation.

An expunction is a legal process that removes qualifying records connected to an arrest or criminal case.

Texas law provides several possible grounds for expunction, including certain cases involving an acquittal, pardon, finding of actual innocence, dismissal, or an arrest that did not result in charges. Eligibility depends on the complete history and outcome of the case.

After a qualifying record is expunged, the person may generally deny that the arrest or case occurred, except when questioned under oath during a criminal proceeding.

If you were recently arrested and are still dealing with an active case, review what to do if your arrested before making decisions that could affect your defense.

An order of nondisclosure does not completely erase a criminal record. Instead, it restricts public access to information about a qualifying offense.

Courts, law enforcement agencies, prosecutors, certain licensing organizations, and other authorized government entities may still be able to access the sealed information. However, the record generally becomes unavailable to most members of the public and many private background searches.

Eligibility depends on factors such as the offense, the result of the case, whether deferred adjudication was completed, the person’s criminal history, and any applicable waiting period.

An expunction generally removes a qualifying arrest or case from the person’s criminal record.

An order of nondisclosure seals a qualifying record from most public access but allows certain government and authorized organizations to continue viewing it.

Expunction provides broader protection, but the eligibility requirements are more limited. A person who does not qualify for expunction may still qualify for an order of nondisclosure.

A person may qualify for an expunction in situations such as:

These are general examples. An arrest involving multiple charges, a related conviction, or an unresolved case can affect eligibility.

The classification of an offense can also influence the available options. Read Texas felony versus misdemeanor charges and what difference means for more information about Texas charge levels.

Some people who completed deferred adjudication or received certain qualifying convictions may be eligible for an order of nondisclosure.

Eligibility rules vary significantly. Certain offenses are excluded, and a person’s prior or subsequent criminal history may prevent approval. Some cases also require the person to complete a waiting period before filing.

A nondisclosure order normally applies only to the particular offense identified in the order. It does not automatically seal every offense in a person’s criminal history.

No. A dismissed case does not necessarily disappear from background checks or public records.

An arrest, booking record, court filing, or dismissed charge may remain visible unless the person completes the proper legal process and qualifies for relief.

This is why it is important not to assume that a favorable case result automatically clears the record.

Before determining eligibility, it may be necessary to collect:

Accurate records are important because using the wrong case information or filing under the wrong legal procedure can cause delays or denial.

One common mistake is assuming that every dismissed case qualifies for expunction.

Another is confusing deferred adjudication with a complete dismissal. Deferred adjudication may still appear in a criminal history and often requires a nondisclosure analysis rather than an expunction.

Other mistakes include filing before a waiting period ends, overlooking another charge connected to the arrest, or failing to identify every agency holding the records.

For more examples of decisions that can create problems after an arrest, read common mistakes people make after being arrested in Texas.

The timeline depends on the court, the type of relief requested, whether a hearing is required, and whether an agency or prosecutor challenges the request.

Even after an order is signed, courts and government agencies need time to process, seal, or remove the affected records.

Texas has several different expunction and nondisclosure provisions. Each provision has its own eligibility requirements, forms, exclusions, and waiting periods. The Texas Judicial Branch publishes different nondisclosure forms based on the particular statute that applies.

An attorney can review the complete case history, determine which procedure may apply, prepare the required documents, and address issues that could affect eligibility.

People with an active criminal case should also understand what happens before considering record clearing. Read what happens after you are charged with a crime in Texas for an overview of the court process.

A criminal record can create lasting consequences, but some people may qualify to clear or seal eligible records under Texas law.

An expunction and an order of nondisclosure are not the same. The appropriate option depends on the charge, the final result, the person’s criminal history, and other facts surrounding the case.

Reviewing your eligibility before filing can help you avoid unnecessary delays and determine the most effective path forward.

If an arrest or criminal case continues affecting your future, The Law Office of Silverio Martinez can review your situation and explain whether an expunction or order of nondisclosure may be available.

Contact our office today to discuss your record and your legal options.