Removing Criminal Records in Texas

Removing criminal records focuses on removing the arrest record because the record of the arrest remains even when a case is dismissed.  There is a misconception that criminal records can be removed or redacted after enough time has passed.  This is not true in Texas.

 In Texas criminal can only be removed through pardons, non-disclosure orders, and expunctions and none of them depend primarily on the passage of time.  Because pardons are extremely rare and politically motivated we focus on non-disclosure orders and expunctions.

NON-DISCLOSURE ORDERS

Many people who contact us wanting an expunction are not eligible for them but are eligible for a non-disclosure order, which is almost as good.

 A non-disclosure order seals an arrest record so that it can’t be searched and found by private entities like schools, jobs, and apartments.  See Tex Gov. Code 411.0835. For example, criminal records disappear from the Taylor County Website after an order of non-disclosure.

Most people who complete deferred adjudication community supervision become eligible for non-disclosure orders after they are discharged successfully from deferred adjudication and some amount of time passes without a subsequent arrest.  For most felonies an individual is eligible 5 years after successful completion of deferred adjudication.  See Tex. Gov. Code 411.0752.  For most misdemeanors it’s immediately after successful completion of deferred adjudication.  See Tex. Gov. Code 411.072.  Eligibility for expunctions is more limited. 

EXPUNCTIONS

Eligibility for expunctions in Texas is much more limited than Non-disclosure Orders.  An accused in Texas is eligible for an expunction if the charges resulted in a not guilty verdict, or dismissal.  See Tex. Code of Crim Pro. 55A.001 – 55A.101.  In a felony case the dismissal has to be for a lack of probable cause such as a grand jury no-bill in lieu of indictment.

 Except for not guilty verdicts and grand jury no-bills the accused has to wait for the expiration of the statute of before an expunction can be granted.  This is because the state can typically refile a dismissed case if the statute of limitations hasn’t run. 

However, more recently defendants who successfully completed a qualifying pre-trail diversion program are also qualified for expunctions. See Tex. Code of Crim. Pro. 55A.053 (a)(2)(c).  Expunctions following the successful completion of pretrial diversion are the most common expunctions at Mehaffey & Watson.

—Sam Mehaffey, Partner