How Can You Clear a Criminal Record in Texas?

 Posted on June 11, 2026 in Criminal Defense

A criminal record can follow you for years, showing up when you apply for a job or look for a place to live. In Texas, an arrest record stays on file with state and local agencies unless a court orders it removed or sealed. Two legal tools can help with this: an expunction or an order of nondisclosure.

If you live in Texas and want to clear an old record in 2026, our Fredericksburg, TX criminal defense attorney can walk you through your options.

What Is the Difference Between an Expunction and an Order of Nondisclosure in Texas?

An expunction destroys a record and is governed by the Texas Code of Criminal Procedure Chapter 55A. Once a court grants an expunction, the law treats the case as if it never happened, and the records are removed from state and local files.

When a court grants an expunction, it sends the order to every agency named in it, including the Texas Department of Public Safety. Those agencies must destroy, return, or seal the records, including any arrest fingerprints tied to the case.

An order of nondisclosure does not destroy the record. Instead, it hides the record from public view. Most private employers and landlords cannot see it, but police, courts, licensing agencies, and some government agencies may still have access. Orders of nondisclosure are governed by Texas Government Code Chapter 411.

Who Qualifies for an Expunction of a Texas Criminal Record?

You may qualify for an expunction if your case did not end in a conviction. Common situations include:

• Your case was dismissed under Article 55A.053.
• You were arrested but never formally charged.
• A jury or judge found you not guilty at trial, under Article 55A.002.
• You received a pardon.
• You completed deferred adjudication for a Class C misdemeanor.

The second situation, an arrest with no charges filed, is not unusual. According to the Texas Department of Public Safety, 2,538 DWI arrests in Texas in 2023 did not result in formal charges. In those cases, the arrest record can still remain on file unless a court orders it expunged.

It is important to note that each situation that qualifies for an expunction comes with its own waiting period before you can file, depending on how the case ended.

Recent Changes to Texas Expunction Law

Texas reorganized its expunction law on January 1, 2025, moving it from Chapter 55 to Chapter 55A of the Code of Criminal Procedure. For most people, eligibility did not change. What did change is the article numbering, along with a few procedural updates, including a requirement that agencies accept expunction orders sent electronically rather than only by certified mail.

If you are working from an older guide or a previously filed petition, double-check that it cites the current article numbers, such as 55A.002 or 55A.053, since outdated citations can slow down your case. Working with a good criminal defense attorney will ensure you get this information right and don’t face delays over minor details.

Who Can Get an Order of Nondisclosure for a Texas Criminal Record?

Most people can ask for a nondisclosure order if they completed a type of probation called deferred adjudication, where the court delays a final conviction while you meet certain conditions. Under Texas Government Code Chapter 411, many people who successfully complete deferred adjudication for eligible misdemeanors or felonies may qualify for an order of nondisclosure once any required waiting period has passed.

Some cases are not eligible for nondisclosure, including:

• Most family violence convictions
• Most sex crime convictions
• Cases where probation was not completed

For some nonviolent misdemeanors completed on or after September 1, 2017, the court may issue the order automatically, without a separate petition. Reviewing your plea agreement can help confirm whether you qualify.

How Long Do You Have to Wait to Clear a Criminal Record in Texas?

How long you wait depends on how your case ended and the type of offense involved. If you were arrested but never charged, Texas law generally requires a 180-day waiting period for a Class C misdemeanor, a one-year waiting period for a Class A or B misdemeanor, and a three-year waiting period for a felony before you can file for an expunction. These wait times can be shorter if the statute of limitations has already passed or if the prosecutor agrees to release the records sooner.

For a nondisclosure order, many people who complete deferred adjudication for a nonviolent misdemeanor qualify automatically through the process described earlier. Felony deferred adjudication cases usually require a five-year wait after probation ends before a person can file.

Contact a Marble Falls, TX Criminal Defense Attorney About Your Record

If you have an old arrest or conviction, our attorney at the Law Office of Russ Alan Baker, PLLC can help review your record. Attorney Baker has more than 16 years of experience handling Texas criminal cases. He also holds a Bachelor of Science in Biology, which gives him a strong grasp of the scientific evidence often involved in drug, DWI, assault, burglary, and theft cases, including DNA and fingerprint records. That background can be useful when fingerprint records become part of an expunction case.

To talk with our Fredericksburg, TX criminal record-clearing lawyer, call 325-216-2006 today.