TEXAS
How to Clear Your Criminal Record
in Texas
A free, plain English guide to expunction and nondisclosure under Texas law — who qualifies, how to file, and what it means for your gun rights.
What You Need to Know First
New law effective January 1, 2025: Texas replaced Chapter 55 with the new Chapter 55A under House Bill 4504. This expanded eligibility and introduced automatic expunction for certain dismissed cases and acquittals. If you were previously told you didn't qualify, it may be worth checking again under the new law.
Texas has two completely different forms of record relief — expunction and nondisclosure. They are not the same thing and they don't apply to the same situations. Understanding which one applies to you is the first step.
Expunction
THE STRONGER OPTION
Completely destroys your arrest records. It is as if the arrest never happened. You can legally deny it ever occurred. Available mainly for arrests that did not result in conviction — dismissed charges, acquittals, and certain pardons.
Order of Nondisclosure
THE MORE ACCESSIBLE OPTION
Seals your record from public view but does not destroy it. Law enforcement and certain agencies can still see it. Available for many people who completed deferred adjudication or certain convictions with probation.
Expunction — Who Qualifies
Expunction in Texas is primarily available when your arrest did not result in a conviction. Here are the main situations that qualify:
ELIGIBLE FOR EXPUNCTION
- Acquitted at trial — Not Guilty verdict
- Case dismissed — no probation or deferred adjudication
- No charges filed — after waiting period expires
- Pretrial diversion completed
- Convicted and later pardoned
- Convicted and later found actually innocent
- Mistaken identity arrests
NOT ELIGIBLE FOR EXPUNCTION
- Felony convictions (unless pardoned)
- Misdemeanor convictions
- Deferred adjudication cases
- Cases dismissed after probation
- Currently charged with a criminal offense
- Arrests arising from a probation violation warrant
Expunction Waiting Periods
Acquittal or pretrial diversion completed
Immediately
Class C misdemeanor — no charges filed
180 days
Class A or B misdemeanor — no charges filed
1 year
Felony — dismissed, no charges filed
3 years
Order of Nondisclosure — Who Qualifies
If you completed deferred adjudication or certain probated sentences, you may qualify for an Order of Nondisclosure — which seals your record from public background checks. Eligibility depends on your specific offense and whether you meet the waiting period.
Texas has many different nondisclosure pathways under Government Code §§ 411.072–411.0736 depending on your offense type, whether you had deferred adjudication or a conviction, and whether a DWI was involved. The Texas Law Help Fresh Start app at texaslawhelp.org can help you identify which pathway applies to you.
POTENTIALLY ELIGIBLE
- Deferred adjudication — nonviolent misdemeanors (automatic after 180 days)
- Deferred adjudication — felonies (after 2 or 5 year waiting period)
- First DWI conviction — deferred adjudication (after 2 years)
- Certain misdemeanor convictions with probation
- Veterans Treatment Court completions
- Trafficking victims
NEVER ELIGIBLE FOR NONDISCLOSURE
- Sex offenses requiring registration
- Murder or capital murder
- Aggravated kidnapping
- Any offense involving family violence
- Stalking
- Trafficking of persons
Gun Rights — What Texans Need to Know
If you hunt or own firearms, read this carefully.
In Texas, a felony conviction means you cannot possess a firearm under Texas Penal Code § 46.04 — which also means no hunting license and no time in the field. This is one of the most significant consequences of a felony record for Texans.
The 5-year rule: Texas law does allow felons to possess a firearm at their home only, after 5 years have passed since completing their sentence including parole and probation. But this does not restore full gun rights or allow hunting.
Expunction can help: If your case was dismissed or you were acquitted and you obtain an expunction, your record is treated as if the arrest never happened — which means your gun rights are restored. This is the most complete remedy available.
Nondisclosure does not restore gun rights: Sealing your record does not lift the federal firearms prohibition for felony convictions. Federal law is stricter than state law and does not recognize record sealing as restoring gun rights.
Governor's Pardon: A full pardon from the Governor of Texas is one of the few ways to restore firearm rights after a felony conviction. The process goes through the Texas Board of Pardons and Paroles and is lengthy but possible. Contact the Board at tdcj.texas.gov/bpp.
Important: Federal gun law (18 U.S.C. § 922) is separate from Texas law and is often stricter. Always consult a licensed Texas attorney before purchasing or possessing a firearm after any criminal conviction.
How to File — Step by Step
1
Get Your Criminal History
Request a copy of your Texas criminal history from the Department of Public Safety. This confirms exactly what is on your record. Apply at
dps.texas.gov.
2
Determine Which Process Applies
Use the Texas Law Help Fresh Start app at
texaslawhelp.org to determine whether you qualify for expunction or nondisclosure — and which specific form to use. Texas has many different nondisclosure pathways and picking the wrong form can delay your case.
3
Download the Correct Forms
Official forms are available from the Office of Court Administration at
txcourts.gov. Make sure you use the form that matches your specific situation.
4
File Your Petition
File in the court that handled your original case — either a district court, justice court, or municipal court depending on your offense. Pay the filing fee or request a fee waiver. Find your court at
txcourts.gov.
5
Notify the State
For expunctions, the court clerk serves notice to all agencies listed in your petition. For nondisclosures, you must serve the prosecuting attorney. Any agency has the right to appear and object at a hearing.
6
Attend a Hearing if Required
Some petitions are granted without a hearing. Others — particularly felony nondisclosures — require a hearing where the judge must find the order is in the best interest of justice. Come prepared with evidence of rehabilitation.
7
After the Order Is Granted
For expunctions, agencies must destroy or return the records. For nondisclosures, the Texas DPS seals the record from public view. After an expunction, you can legally deny the arrest ever occurred.
Helpful Resources
FREE LEGAL HELP
Texas Fair Defense Project
Free expunction and nondisclosure assistance for qualifying Texans — requires DPS criminal history report
texasfairdefense.org →
FREE LEGAL HELP
Texas Law Help
Free guides, forms, and the Fresh Start eligibility tool for expunctions and nondisclosures
texaslawhelp.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
GUN RIGHTS & PARDONS
Texas Board of Pardons and Paroles
Apply for a Governor's Pardon or Restoration of Firearm Rights through the Board
tdcj.texas.gov/bpp →
COURT LOCATIONS
Texas Courts
Find your district court, justice court, or municipal court by county
txcourts.gov →
Frequently Asked Questions
What's the difference between expunction and nondisclosure in Texas? +
Expunction completely destroys your arrest records — it is as if the arrest never happened and you can legally deny it occurred. Nondisclosure seals your record from public view but does not destroy it. Law enforcement and certain agencies can still see a nondisclosed record. Expunction is the stronger remedy but is only available in limited situations like dismissed charges and acquittals.
Can a felony conviction be expunged in Texas? +
Generally no — Texas expunction is not available for felony convictions unless you were later pardoned or found actually innocent. However, if your felony charge was dismissed or you were acquitted, the arrest record can be expunged. Many people with felony deferred adjudication may qualify for a nondisclosure order instead.
Can I hunt again after expunction or nondisclosure? +
If you obtain a true expunction — meaning your arrest never resulted in a conviction and the records are destroyed — your gun rights are generally restored and you can legally hunt. However, if you have a felony conviction on your record, neither nondisclosure nor expunction of a separate arrest restores your firearm rights for that conviction. A Governor's Pardon is the most direct route to restoring full gun rights after a felony conviction in Texas.
Does Texas have automatic expunction? +
Yes — under the new Chapter 55A effective January 1, 2025, certain acquittals and dismissed cases are eligible for automatic or streamlined expunction. Courts must enter an expunction order for acquittals as early as 30 days after the verdict. Many dismissed cases also qualify without a full hearing if the petitioner meets the requirements.
How long does the process take in Texas? +
It varies by county and court. Expunctions typically take 2 to 4 months from filing to completion. Nondisclosures may take 4 to 6 months, particularly if a hearing is required. After the order is granted, agencies have time to update their records — follow up with DPS if your record is still showing after several months.
Do I need an attorney? +
For simple misdemeanor nondisclosures and some expunctions, the Texas Law Help forms and Fresh Start tool make it possible to file on your own. For felony cases, complex situations, or anything involving gun rights, working with an experienced Texas criminal defense attorney is strongly recommended. Texas Fair Defense Project offers free help for those who qualify.
After Your Record Is Cleared
In Texas, after a successful expunction you can legally deny the arrest ever occurred — it is treated as if it never happened. After a nondisclosure order, your record is sealed from public view but law enforcement and certain agencies can still access it.
✓
Employment
After expunction, you can legally answer "no" when asked about arrests or charges on most job applications. After nondisclosure, most private employers will not see the record but certain government positions and jobs requiring security clearances may still have access.
✓
Hunting and Gun Rights
If your arrest was expunged — meaning it was dismissed or you were acquitted and never convicted — your gun rights are generally intact and you can legally hunt. If you have a felony conviction, neither expunction of a separate arrest nor a nondisclosure order restores your firearm rights for that conviction. A Governor's Pardon is the most direct route. See the gun rights section above for full details.
✓
Professional Licensing
Texas has expanded licensing protections in recent years. Many licensing boards cannot automatically deny applicants based on a criminal record and must consider the nature of the offense and time elapsed. After expunction or nondisclosure, your position with licensing boards is generally stronger.
✓
Background Check Databases
After expunction, agencies must destroy or return records. After nondisclosure, DPS seals the record. Some third-party databases take time to update. Keep a certified copy of your expunction or nondisclosure order and use it to dispute any records that still appear.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.
