Texas Expunction & Nondisclosure: Two Paths to a Cleaner Record

Expunction is available if your arrest did not result in a conviction — for example, charges were dismissed, you were acquitted at trial, you completed a pre-trial diversion program, or the statute of limitations expired without an indictment being filed.

Expunction is also available for certain misdemeanor offenses where the defendant successfully completed deferred adjudication probation and the applicable waiting period has elapsed.

Nondisclosure (order of nondisclosure) is available for many offenses where the defendant completed deferred adjudication community supervision and has satisfied the mandatory waiting period, which ranges from immediate eligibility to five years after discharge depending on the offense.

For nondisclosure of misdemeanors completed through deferred adjudication, no waiting period applies to many offenses, while Class A and B misdemeanors require a two-year waiting period after discharge before you may petition.

Felony deferred adjudication cases require a five-year waiting period after discharge from community supervision before an order of nondisclosure may be sought.

You must not have been previously convicted of or placed on deferred adjudication for an offense that disqualifies you, including most violent offenses, family violence offenses, and sex offenses requiring registration.