What Are the Two Ways to Clear a Criminal Record in Texas?
Texas law provides two statutory remedies to remove or restrict public access to a criminal record. Expunction under Tex. Code Crim. Proc. § 55.01 permanently destroys the record and allows legal denial of the arrest. Non-disclosure under Tex. Gov't Code § 411.074 seals the record from public view but does not authorize denial. Eligibility, waiting periods, and covered offenses differ between the two. An expunction lawyer Houston determines which of these two remedies actually fits a specific case before any petition is drafted.
Expunction
Expunction is a court order under Tex. Code Crim. Proc. § 55.01. It permanently destroys an arrest record. DPS, courts, and law enforcement agencies must physically destroy their copies. After expunction, Texas law permits you to legally deny the arrest occurred.
Non-Disclosure Order
A non-disclosure order is a court order under Tex. Gov't Code § 411.074. It seals criminal records from public view. Employers, landlords, and the general public cannot access sealed records. Law enforcement agencies, public schools, healthcare employers, and childcare facilities retain access regardless of the order.
Who Qualifies for an Expunction?
Expunction eligibility is governed by Tex. Code Crim. Proc. § 55.01. The statute permits expunction after a not-guilty verdict, a charge dismissal, a pardon, or when the statute of limitations expired without an indictment. Waiting periods apply when charges are dismissed without indictment. An expunction lawyer Houston reviews every arrest for eligibility under each of these four statutory paths.
Waiting periods run from the arrest date. Class C misdemeanor: 180 days. Class A or B misdemeanor: 1 year. Felony charges: 3 years before filing.
An acquittal entitles the defendant to immediate expunction under § 55.01. No waiting period applies after a not-guilty verdict.
A full pardon from the Texas Governor or the President qualifies for expunction. The pardon must be full — not conditional.
Class C misdemeanor deferred adjudication completion qualifies for immediate expunction under Art. 45.051. DWI deferred adjudication is barred under Art. 42A.102(b), eliminating that path entirely.
Who Qualifies for a Non-Disclosure Order?
A non-disclosure order is available to defendants who completed deferred adjudication community supervision without a conviction. Tex. Gov't Code § 411.074 governs eligibility. Waiting periods begin on the date the court formally dismisses the deferred adjudication case. An expunction lawyer Houston calculates the exact waiting period that applies before filing any non-disclosure petition.
| Offense Type | Waiting Period After Discharge |
|---|---|
| Most Class A & B misdemeanors | 2 years |
| Class C misdemeanors | Immediate |
| State jail felonies & 3rd degree felonies | 5 years |
| 2nd degree felonies | 5 years |
| DWI — deferred adjudication (special rules after 2017) | 2 years (misdemeanor) / 3 years (felony) |
Permanent ineligibility for non-disclosure is established by Tex. Gov't Code § 411.074(b). Family violence findings, sex offense convictions, and certain violent felonies are permanently excluded. No waiting period or subsequent petition can restore eligibility.
What Does Herman Do to Clear Your Texas Criminal Record?
Herman Martinez handles every stage of the expunction or non-disclosure process: evaluating eligibility under § 55.01 or § 411.074, confirming all waiting periods are satisfied, drafting and filing the petition in the originating court, and serving all required agencies until the order is enforced. An expunction lawyer Houston manages every one of these steps so a client never has to navigate the court process alone.
Does Expunction Cover the Entire Arrest, or Just One Charge?
Texas expunction operates primarily on an arrest basis rather than a single-charge basis, which surprises many petitioners. Under §55.01, when an arrest results in multiple charges, all of those charges generally must independently qualify for expunction before the arrest record as a whole can be destroyed — a single surviving conviction from a multi-charge arrest can block expunction of the entire arrest, including charges that were separately dismissed. A 2011 amendment to §55.01(a-1) created limited exceptions allowing partial expunction of specific dismissed charges from a multi-charge arrest in certain circumstances, but the general rule still requires careful analysis of every charge stemming from the same arrest event, not just the one the client remembers as the "main" charge. This is why a records review has to look beyond the headline charge and pull the complete arrest history, since an old, forgotten companion charge from the same arrest can silently disqualify an otherwise clean expunction. An expunction lawyer Houston pulls the complete arrest record — not just the charge a client remembers — before filing any petition, precisely to catch these disqualifying companion charges early.
Non-disclosure and expunction are distinct legal proceedings governed by separate Texas statutes. Eligibility rules, waiting periods, and offense exclusions differ between the two remedies. For detailed non-disclosure eligibility rules see the non-disclosure orders page. For DWI-specific record clearing options see the DWI expunctions page. An expunction lawyer Houston handles both non-disclosure and expunction petitions, since many clients qualify for one but not the other.
Record Clearing Questions
A DWI conviction cannot be expunged in Texas. Tex. Code Crim. Proc. Art. 42A.102(b) bars deferred adjudication for DWI, eliminating the primary non-disclosure path. A DWI charge that is dismissed or results in acquittal qualifies for full expunction. Contesting the charge from arrest — rather than accepting a plea — is the only route that preserves long-term expunction eligibility. An expunction lawyer Houston fights the underlying DWI charge specifically because deferred adjudication is barred by statute.
An expunction order binds government agencies — not private background check companies. Government agencies must destroy their records upon receiving the signed court order. Private companies that previously acquired the data may retain it. Texas law allows civil action against any entity that discloses an expunged record. Herman identifies non-compliant reporting companies and advises on enforcement steps after expunction is granted.
An expunction in Texas takes 3 to 6 months from petition filing to signed order. After filing, Herman serves notice on all required agencies. The court schedules a hearing. The judge signs the order if no objections are sustained. Agencies then have 60 days to destroy their records. Herman manages the entire process with minimal involvement required from the client.
Expunction destroys the record permanently; non-disclosure only seals it. Expunction is governed by Tex. Code Crim. Proc. § 55.01 and allows you to legally deny the arrest occurred. Non-disclosure is governed by Tex. Gov't Code § 411.074 and does not authorize denial. Expunction requires dismissal, acquittal, or pardon. Non-disclosure requires successful completion of qualifying deferred adjudication. An expunction lawyer Houston explains this distinction clearly, since many clients confuse the two remedies before their first consultation.
Texas permits expunction of felony arrests — but not felony convictions. Tex. Code Crim. Proc. § 55.01 allows expunction when the grand jury returned a no-bill, the charge was dismissed, or the defendant was acquitted. A felony conviction cannot be expunged regardless of time elapsed. Herman evaluates felony expunction eligibility at no charge during the initial consultation.
Non-disclosure after deferred adjudication is available for most offenses under Tex. Gov't Code § 411.074. The waiting period is 2 years from dismissal for most misdemeanors and 5 years for most felonies. Family violence, sex offenses, and murder are permanently excluded. Non-disclosure conceals the record from employers and the public but does not authorize denial of the arrest.
The effect on a professional license depends on the governing licensing board. Licensing agencies are government entities. They retain access to records sealed by non-disclosure orders. Expunction is the stronger remedy — most licensing boards cannot access an expunged record. Herman coordinates with licensing counsel when occupational licensing consequences are at stake. An expunction lawyer Houston recommends expunction over non-disclosure whenever licensing exposure is the primary concern.
Yes — Texas law permits denial of an expunged arrest in most contexts. A valid expunction order allows legal denial in employment, housing, and most licensing applications. Limited exceptions apply for certain federal positions and specific state licenses requiring all-arrest disclosure. Herman advises each client on which disclosure obligations survive the expunction order.
Court filing fees for expunction or non-disclosure in Texas range from $100 to $300 by county. Attorney fees depend on offense type and the number of agencies served. Herman offers flat-fee pricing — the total cost is known before work begins. Record clearing fees are consistently less than the employment and housing losses a visible record causes over time. An expunction lawyer Houston offers flat-fee pricing so clients know the full cost before any petition is filed.
Yes — out-of-state residents can clear a Texas record. Petitions are filed in the court of original jurisdiction — the county where the case was prosecuted — regardless of current residence. Former Texas residents in other states or countries are fully eligible to petition. Herman represents out-of-state clients and handles most hearings without requiring in-person appearance in Texas. An expunction lawyer Houston represents out-of-state and international clients on Texas record-clearing petitions without requiring travel back to Texas.