Criminal Record Expunction and Non-Disclosure
In some instances, there are ways to clear your record or seal it so potential employers and others in the public cannot see it. These are called Expunctions and Non‑Disclosure Orders.
Expunction: An expunction is a court order to law enforcement agencies to purge any and all records they have of a case. This includes police departments, sheriff offices, DA’s offices, DPS and the FBI. An expunction is available if you were acquitted by a trial court (found not guilty), pardoned by the Governor, and in other limited circumstances.
Non‑Disclosure Orders: This order is available in certain cases if you were placed on deferred adjudication for an offense, you successfully completed your deferred adjudication and the case was dismissed.
For felony cases, you must wait 5 years from the date the case was dismissed before you can file a petition for non‑disclosure.
You must wait 2 years from the date the case was dismissed to file a petition for non‑disclosure for the following misdemeanor cases :
- Abuse of corpse
- Advertising for placement of child
- Aiding suicide
- Cruelty to animals
- Deadly conduct
- Destruction of flag
- Discharge of firearm
- Disorderly conduct
- Disrupting meeting or procession
- Dog fighting
- False alarm or report
- Harboring runaway child
- Hoax bombs
- Indecent exposure
- Interference with emergency telephone call
- Leaving a child in a vehicle
- Making a firearm accessible to a child.
- Obstructing highway or other passageway
- Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
- Public lewdness
- Silent or abusive calls to 911 service
- Terroristic threat
- Unlawful carrying of handgun by license holder
- Unlawful carrying weapons
- Unlawful possession of firearm
- Unlawful restraint
- Unlawful transfer of certain weapons
- Violation of protective order preventing offense caused by bias or prejudice
For all other misdemeanors you can file a petition for non disclosure as soon as the case is dismissed.
You are not eligible for a non‑disclosure order on any case if you have ever been convicted of any of the following offenses:
- Indecency with a child
- Sexual assault
- Aggravated sexual assault
- Prohibited sexual conduct (incest)
- Aggravated kidnapping
- Burglary of a habitation with intent to commit any of the above offenses
- Compelling prostitution
- Sexual performance by a child
- Possession or promotion of child pornography
- Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
- Attempt, conspiracy, or solicitation to commit any of the above offenses
- Capital murder
- Injury to a child, elderly individual, or disabled individual
- Abandoning or endangering a child
- Violation of protective order or magistrate’s order
- Any other offense involving family violence
If you are convicted of or put on deferred adjudication for a new case after your case was dismissed, you are not eligible for a non‑disclosure order.