Expunction and Orders of Nondisclosure in Texas: Clearing Criminal Records
Texas law provides two distinct statutory mechanisms for limiting public access to criminal records: expunction and orders of nondisclosure. Each operates under separate chapters of the Texas Code of Criminal Procedure and the Texas Government Code, applies to different categories of cases, and produces different legal effects. Understanding which remedy applies — and whether eligibility requirements are met — requires close attention to the specific offense charged, the case outcome, the waiting period elapsed, and prior criminal history. This page covers both mechanisms, their procedural frameworks, common eligibility scenarios, and the boundaries separating one from the other.
Definition and Scope
Expunction is governed by Chapter 55 of the Texas Code of Criminal Procedure. A granted expunction order requires every governmental entity holding records of the arrest — including law enforcement agencies, courts, and the Texas Department of Public Safety (DPS) — to physically destroy or return those records. Once expunged, the person is legally permitted to deny the arrest occurred in most contexts, including on job applications.
Orders of Nondisclosure are governed by Chapter 411, Subchapter E-1 of the Texas Government Code. Rather than destroying records, a nondisclosure order prohibits criminal justice agencies from disclosing the record to the general public. Law enforcement agencies and certain licensing bodies retain access; private background check companies do not.
Key distinction: Expunction eliminates the record; nondisclosure seals it from public view but preserves it for authorized agencies. As explained in the Texas criminal case lifecycle, both remedies operate at the post-adjudication stage and neither retroactively changes the legal outcome of the underlying case.
Scope and coverage limitations: This page addresses Texas state law only. Federal criminal records, records held exclusively by federal agencies, and arrests or convictions under federal statutes fall outside the reach of both Chapter 55 and Chapter 411 of Texas law. Records in other states are not covered by Texas court orders. This page does not address juvenile records, which are governed by a separate framework described at Texas Juvenile Justice System.
How It Works
Expunction Process (Chapter 55, Texas Code of Criminal Procedure)
- Determine eligibility. The petitioner must identify the specific statutory basis — acquittal, dismissal with prejudice, no-bill by grand jury, completion of deferred adjudication for a Class C misdemeanor, or other qualifying outcome under Tex. Code Crim. Proc. § 55.01.
- File a petition. The petition is filed in the district court of the county where the arrest occurred (Texas District Courts Explained). The petition must identify each agency holding records.
- Serve all respondents. Every named agency must receive notice and has the opportunity to object.
- Attend the hearing. The court conducts a hearing; the burden rests on the petitioner to establish eligibility.
- Receive and execute the order. If granted, the court issues an expunction order. Each named agency must comply within the timeframe specified — typically 60 days for DPS under § 55.03.
Nondisclosure Process (Chapter 411, Texas Government Code)
- Confirm deferred adjudication completion. The standard pathway requires the applicant to have successfully completed deferred adjudication community supervision and received a discharge and dismissal under Tex. Code Crim. Proc. Art. 42A.
- Wait the applicable waiting period. Felonies require a 5-year waiting period after discharge; most misdemeanors require 2 years; certain misdemeanors (including those listed in § 411.074) require no waiting period.
- File a petition in the convicting court. Under the 2015 amendments to Chapter 411 (H.B. 3016, 84th Legislature), automatic nondisclosure became available for a first-time Class B or higher misdemeanor with straight probation, subject to conditions.
- Court review and order issuance. The court determines whether the order is in the interest of justice. DPS then restricts access on its public-facing systems.
The Texas Rules of Criminal Procedure and the administrative role of DPS in maintaining and restricting records are central to both processes. Procedural context within the broader Texas legal framework is covered at How the Texas Legal System Works.
Common Scenarios
Scenario 1 — Acquittal at trial: A defendant acquitted of a felony charge is immediately eligible to petition for expunction under § 55.01(a)(1). No waiting period applies.
Scenario 2 — Charge dismissed without prejudice: Dismissal without prejudice does not automatically qualify. The petitioner must wait until the statute of limitations expires for the charged offense before filing. Limitations periods vary by offense class under Texas Statute of Limitations Reference.
Scenario 3 — Completed deferred adjudication, felony: A person who completed deferred adjudication for a felony and received a discharge and dismissal is not eligible for expunction (with narrow exceptions) but may petition for an order of nondisclosure after the 5-year waiting period under § 411.0725, provided the offense is not on the categorical exclusion list.
Scenario 4 — Completed deferred adjudication, Class A misdemeanor assault: Even with a completed deferred adjudication, assaultive offenses under Title 5 of the Texas Penal Code are excluded from nondisclosure eligibility under § 411.074(b)(2). Neither remedy is available in this scenario.
Scenario 5 — Arrest with no charges filed: If a person was arrested but the prosecutor declined to file charges, the person may petition for expunction once the limitations period for the potential offense has run, or earlier if the prosecutor certifies no charges will be filed.
Relevant terminology used in these scenarios is catalogued at Texas Legal System Terminology and Definitions.
Decision Boundaries
The chart below summarizes the primary classification boundaries between the two remedies.
| Factor | Expunction | Order of Nondisclosure |
|---|---|---|
| Governing statute | Tex. Code Crim. Proc. Ch. 55 | Tex. Gov't Code Ch. 411, Sub. E-1 |
| Effect on records | Destruction / return | Restricted from public disclosure |
| Eligible case outcomes | Acquittal, dismissal, no-bill, Class C deferred | Deferred adjudication discharge (most offenses) |
| Conviction eligibility | Generally no | No — conviction bars both pathways |
| Mandatory waiting period | Varies by dismissal type; none for acquittal | 0–5 years depending on offense class |
| Access retained by | No agency (post-order) | Law enforcement, licensing boards |
Offenses categorically excluded from nondisclosure under § 411.074(b) include: offenses requiring sex offender registration, capital murder, murder, trafficking of persons, continuous sexual abuse of a child, and family violence offenses. The Regulatory Context for the Texas Legal System page provides additional background on how DPS administers exclusion lists and criminal history databases.
Conviction bars both pathways. A finding of guilt — whether after trial or by guilty plea resulting in a conviction, as opposed to deferred adjudication — forecloses expunction and nondisclosure in virtually all circumstances. This distinction between deferred adjudication and conviction is addressed in the broader framework overview at Texas Court Records and Public Access.
Multiple charges on a single arrest. If an arrest involved multiple charges and only one was dismissed while another resulted in conviction, the conviction ordinarily blocks expunction of any charge from that arrest, per the "subject of the same criminal episode" limitation in § 55.01(c).
Federal background check implications. An expunction order issued by a Texas district court does not bind federal agencies. The FBI's Interstate Identification Index and records held by federal courts under separate federal jurisdiction remain outside the scope of a Texas expunction order, as noted in the overview of Texas State vs. Federal Jurisdiction.
The complete resource landscape for individuals researching these procedures — including DPS forms, court filing fee schedules, and legal aid contacts — is indexed at /index.
References
- Texas Code of Criminal Procedure, Chapter 55 — Expunction of Criminal Records — Texas Legislature Online
- Texas Government Code, Chapter 411, Subchapter E-1 — Orders of Nondisclosure — Texas Legislature Online
- Texas Department of Public Safety — Criminal History — DPS Crime Records Service
- Texas Office of Court Administration — Forms and Resources — Texas Judicial Branch
- Texas Code of Criminal Procedure, Article 42A — Community Supervision — Texas Legislature Online
- H.B. 3016, 84th Texas Legislature (2015) — Texas Legislature Online