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Texas
Adult Criminal Record Clearance Overview
Adult criminal records for cases in which you were convicted are eligible for expungement or shielding in some situations. You must file a petition in court to start the process.
- If you were convicted of an offense and, after appeal, acquitted by a court of appeals, the record can be expunged immediately. It is up to the judge whether to grant your petition.
- If you were convicted of an offense and pardoned, the record can be expunged immediately. If you meet the criteria, the judge must grant your petition.
- If your conviction was set aside after you successfully completed community supervision, and if the crime you were convicted of happened because you were a victim of a prostitution offense, you can get an order of non-disclosure that shields your record. It is up to the judge whether to grant your petition.
- With certain exceptions, you can get an order of non-disclosure that shields the record of your driving while intoxicated case after you have completed community supervision. If an ignition interlock device was in place for six months as part of the conditions of your supervision, you must wait two years for the order of non-disclosure. If no ignition interlock device was in place, you must wait five years.
- With certain exceptions, you can get an order of non-disclosure that shields the record of your driving while intoxicated case. If you were required to use an ignition interlock device for six months as part of the sentence, you must wait three years for the order of non-disclosure. If no ignition interlock device was required, you must wait five years.
- With certain exceptions, as soon as your sentence is complete you can get an order of non-disclosure that shields the record of a first conviction for a misdemeanor that is punishable by a fine only.
- If you were convicted for the first time of a qualifying misdemeanor, you can get an order of non-disclosure that shields the record two years after you complete your sentence.
Adult criminal records for cases in which you completed a diversion or deferral program are eligible for shielding or expungement in some situations. In most instances, you must file a petition in court to start the process, and it is up to the judge whether to grant your petition.
- With certain exceptions, if your non-violent misdemeanor case was dismissed after you completed deferred adjudication community supervision, you should receive an order of non-disclosure that shields your record automatically. You are only eligible if you have no convictions, and your misdemeanor is an eligible charge. You do not have to file a petition.
- With certain exceptions, if your misdemeanor case was dismissed after you completed deferred adjudication community supervision and the charges did not qualify for automatic shielding, you can get an order of non-disclosure that shields your record two years after the dismissal.
- With certain exceptions, if your gang-related misdemeanor case was dismissed after you completed deferred adjudication community supervision, you can get an order of non-disclosure that shields your record immediately.
- With certain exceptions, if your felony case was dismissed after you completed deferred adjudication community supervision, you can get an order of non-disclosure that shields your record five years after the dismissal.
- If your case was dismissed after you completed a veterans treatment court program, your record can be expunged immediately.
- If your case was dismissed after you completed a pretrial intervention program, your record can be expunged immediately.
- With certain exceptions, if your driving or boating while intoxicated case was dismissed after you completed deferred adjudication community supervision, you can get an order of non-disclosure that shields your record two years after the dismissal.
Adult criminal records for arrests for which you were never convicted are eligible for expungement. You must file a petition in court to start the process. In most instances, if you meet the criteria the judge must grant your petition.
- If you were acquitted, the record can be expunged immediately.
- With certain exceptions, if you were arrested for a Class C misdemeanor but no charge was filed within 180 days or within the statute of limitations period, the record can be expunged. If the prosecutor certifies that the record is not needed, you can get the record expunged immediately.
- With certain exceptions, if you were arrested for a Class A or B misdemeanor but no charge was filed within one year or within the statute of limitations period, the record can be expunged. If the prosecutor certifies that the record is not needed, you can get the record expunged immediately.
- With certain exceptions, if you were arrested for a felony but no charge was filed within three years or within the statute of limitations period the record can be expunged. If the prosecutor certifies that the record is not needed, you can get the record expunged immediately.
If you were a victim of identity theft and someone used your name when committing a crime, your information can be expunged from the record immediately.
Adult Criminal Record Clearance Policies
Convictions
Records relating to convictions or deferred adjudication community supervision for certain marijuana, theft, and prostitution offenses can be shielded by an order of non-disclosure one year after sentence completion if the person committed the offense solely as a victim of an offense under Tex. Code Crim. Proc. Ann § 20A.02, 20A.03, or 43.05. Tex. Gov't Code § 411.0728.
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Records relating to an arrest that led to a conviction can be expunged upon acquittal by a court of appeals. Tex. Code Crim. Proc. Ann. § 55.01(b)(1).
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Records relating to an arrest can be expunged upon a pardon. Tex. Code Crim. Proc. Ann. § 55.01(a)(1)(B)(i).
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Records of a driving while intoxicated offense may be shielded by an order of nondisclosure two years after the successful completion of community supervision if the person was required to use an ignition interlock device for at least six months. Tex. Gov't Code § 411.0731.
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Records of a driving while intoxicated offense may be shielded by an order of nondisclosure two years after the successful completion of community supervision if the person was required to use an ignition interlock device for at least six months. Tex. Gov't Code § 411.0731.
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Records of an offense of driving while intoxicated can be shielded by an order of nondisclosure three years after sentence completion if the person was required to use an ignition interlock device for at least six months. Tex. Gov't Code § 411.0736.
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Records of a driving while intoxicated offense may be shielded by an order of nondisclosure five years after sentence completion if the person was not required to use an ignition interlock device for at least six months. Tex. Gov't Code § 411.0736(f)(2).
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Records of a first misdemeanor punishable by a fine only may be shielded by an order of nondisclosure upon sentence completion. Tex. Gov't Code § 411.0735(d)(1).
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Records of certain first misdemeanors can be shielded by an order of nondisclosure two years after sentence completion. Tex. Gov't Code § 411.0735(d)(2).
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Diversion/Deferral Program
Records relating to a case dismissed or quashed following successful completion of a pretrial intervention program can be expunged by the court immediately. Tex. Code Crim. Proc. Art. 55.01(a)(2)(A)(ii).
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Records relating to a case dismissed or quashed following successful completion of a veterans treatment court program can be expunged by the court immediately. Tex. Code Crim. Proc. Art. 55.01(a)(2)(A)(ii)(a).
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Records relating to a driving or boating while intoxicated case dismissed following successful completion of deferred adjudication community supervision can be shielded by an order of nondisclosure two years after dismissal and discharge. Tex. Gov't Code § 411.0726.
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Records relating to a case dismissed following successful completion of deferred adjudication community supervision can be shielded by an order of nondisclosure one year after dismissal and discharge if the person committed the offense solely as a victim of human trafficking. Tex. Gov't Code § 411.0728.
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Upon successful completion of the veteran's reemployment program, including deferred adjudication community supervision, all records of the offense for which the veteran was placed on community supervision can be shielded by an order of nondisclosure. Tex. Gov't Code § 411.0729.
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Records of certain nonviolent misdemeanors can be shielded by an order of nondisclosure upon dismissal following the successful completion of deferred adjudication community supervision, so long as the person has no other convictions and more than 180 days have passed since placement on supervision. Tex. Gov't Code § 411.072.
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Records related to certain misdemeanors can be shielded by an order of nondisclosure upon dismissal following the successful completion of deferred adjudication community supervision. Tex. Gov't Code § 411.0725(e)(1).
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Records of certain misdemeanors can be shielded by an order of nondisclosure two years after the dismissal following the successful completion of deferred adjudication community supervision. Tex. Gov't Code § 411.0725(e)(2).
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Records of certain felonies can be shielded by an order of nondisclosure five years after dismissal following the successful completion of deferred adjudication community supervision. Tex. Gov't Code § 411.0725(e)(3).
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Factual Innocence
Records relating to an arrest can be expunged upon a pardon for actual innocence. Tex. Code Crim. Proc. Ann. § 55.01(a)(1)(B)(ii).
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Records of arrest containing the name of an identity theft victim as the perpetrator of a crime can be expunged of the victim's identifying information. Tex. Code Crim. Proc. Ann. § 55.01(d).
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Non-Conviction Arrests
Records relating to an arrest for a felony can be expunged if no charge is filed and the prosecutor certifies that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(d).
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Records relating to an arrest can be expunged immediately after an acquittal. Tex. Code Crim. Proc. Art. 55.01(a)(1)(A).
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Records relating to an arrest for a Class C misdemeanor can be expunged if no charge is filed within 180 days of arrest or within the limitations period, or upon the prosecutor's certification that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a).
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Records relating to an arrest for a Class A or B misdemeanor can be expunged if no charge is filed within one year of arrest or within the limitations period, or upon the prosecutor's certification that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(b).
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Records relating to an arrest for a felony can be expunged if no charge is filed within three years of the arrest or within the limitations period. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(c).
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Juvenile Record Clearance Overview
Below is a general overview of when juvenile records can be sealed or destroyed in Texas. Please note that the Clean Slate Clearinghouse does not provide legal advice.
Read the legal policies and statutes for detailed statutory information.
Juvenile Record Clearance Policies Overview
Most juvenile records can be sealed.
- If your case was dismissed, your record should be automatically sealed two years after your case, probation, or commitment ends. You should not have to do anything to get your record sealed.
- If you were found not guilty, your record should be automatically sealed when your case is closed. You should not have to do anything to get your record sealed.
- If you were adjudicated (found guilty) of a misdemeanor, your record should be automatically sealed two years after your case, probation, or commitment ends. You should not have to do anything to get your record sealed.
- If you were adjudicated (found guilty) of a felony, your record should be automatically sealed when you turn 19. You should not have to do anything to get your record sealed.
- If you have a juvenile record because you were a victim of human trafficking, your record can be sealed after you successfully complete a trafficked persons program. You must submit a request to the court to start the process, and it is up to the judge whether to grant your request.
- You may not be eligible for sealing if you have certain convictions or adjudications on your record or have pending criminal or juvenile charges.
Most sealed juvenile records can be destroyed.
- You may not be eligible for destruction if you have certain convictions or adjudications on your record.
Find a Lawyer
If you think you might be eligible to have your record sealed or destroyed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.
Court Forms and Resources
If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.
Juvenile Record Clearance Policies
Court Records and Law Enforcement Records
A delinquency adjudication that resulted from being a victim of human trafficking can be vacated, and the related records can be sealed, once the person completes a trafficked persons program. Tex. Fam. Code Ann. §54.04012.
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Records relating to a misdemeanor adjudication will be sealed automatically, so long as the person is 19 years old and not subject to a disqualifying event. Tex. Fam. Code Ann. §58.253(b).
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Records relating to delinquency matters not adjudicated will be sealed automatically, so long as the person is 19 years of age and is not subject to a disqualifying event. Tex. Fam. Code Ann. §58.253(b).
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Records relating to any delinquency matters where a person was referred to the juvenile probation department can be sealed upon petition, so long as the person is at least 18 years of age, at least two years have elapsed after the date of final discharge, and the person is not subject to a disqualifying event. Tex. Fam. Code Ann. § 58.256.
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Law Enforcement Records
A record relating to the conduct for which charges were not filed because of a determination that no probable cause existed will be destroyed automatically following the decision by the law enforcement agency or the prosecutor to not proceed with further action against the child. Tex. Fam. Code Ann. § 58.263.
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A record relating to a person whose most serious adjudication was a misdemeanor can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(2)(A).
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A record relating to charges that were not adjudicated can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(2)(B).
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A record relating to a person whose most serious adjudication was a felony can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(3).
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Find A Lawyer
Legal service providers located in the state.
Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.
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