What is the difference between expunction and nondisclosure in Texas?

Expunction (Tex. Code Crim. Proc. ch. 55) erases the record from public and most government databases. Nondisclosure (Tex. Gov't Code §§ 411.0725, 411.0726) seals the record from public view but leaves it visible to law enforcement and certain licensing agencies.

How long do I have to wait to file in Texas?

Acquittals and grand jury no-bills can be expunged immediately. Dismissed cases generally require the statute of limitations to have run (2 years for most misdemeanors, 3+ for many felonies). Misdemeanor deferred adjudication: typically a 2-year wait. Felony deferred adjudication: 5-year wait. First-time qualifying misdemeanor convictions: 2 years after sentence completion under §411.0726.

Can I expunge a Texas DWI?

A first-time misdemeanor DWI may qualify for nondisclosure under §411.0726 after a 5-year waiting period from sentence completion (longer than other misdemeanors). Some DWIs are excluded entirely. Speak with a Texas attorney about your specific case.

Last reviewed: 2026-05-10

Texas expungement and nondisclosure: a plain-English guide

Texas has two main mechanisms for clearing a criminal record: expunction(erasure) and an order of nondisclosure (sealing). They are governed by different statutes and apply in different situations. This guide explains which one applies to which case, and what the typical waiting period looks like.

Expunction — Tex. Code Crim. Proc. ch. 55

Expunction is the strongest form of record relief. When granted, the records are physically destroyed (or returned to the petitioner) and you can lawfully deny that the arrest ever occurred on most applications, including most employment background checks. Expunction is available primarily in the following situations:

You were acquitted at trial.
The grand jury returned a no-bill (declined to indict).
Charges were filed and then dismissed, and the statute of limitations has run.
You were arrested but charges were never filed and the statute of limitations has run.
You were pardoned for actual innocence.
Your conviction was set aside on appeal or via post-conviction relief.

Class C misdemeanor (fine-only) dismissals typically qualify with a minimal waiting period. For other dispositions, the most common path is “dismissal plus statute of limitations has run”.

Nondisclosure — Tex. Gov't Code §§ 411.0725 and 411.0726

An order of nondisclosure seals the record from the public, including most private background-check vendors and most employers. Law enforcement, prosecutors, and certain state licensing agencies (medical, legal, education, financial-services, etc.) can still see the record. Nondisclosure is available in two main scenarios.

After deferred adjudication (§411.0725)

If you successfully completed deferred adjudication, you may be eligible for an order of nondisclosure. The waiting period from successful completion is:

Most misdemeanors: 2 years (often immediately for many minor offenses).
Most felonies: 5 years.

Several offense categories are excluded under §411.074(b), including offenses requiring registration as a sex offender, family violence offenses, and certain serious violent crimes (murder, kidnapping, injury to a child or elderly).

For first-time qualifying misdemeanor convictions (§411.0726)

A subset of misdemeanor convictions can receive nondisclosure 2 years after sentence completion if you have no other Texas convictions before or since. Additional restrictions apply for DWIs (5-year wait, BAC limits).

Filing fees and process

Texas expunction filing fees range roughly $200–$400 depending on county. Travis, Harris, Dallas, Tarrant, and Bexar counties all have somewhat different procedures and fee waivers. Nondisclosure filing fees are generally lower. RecordReset can help you prepare the petition; the petition is filed by you (Standard) or by a reviewing attorney (Concierge).

What disqualifies you

Pending criminal charges in any jurisdiction.
Conviction of a registerable sex offense.
Family violence flags (most categories).
Certain violent felonies — see §411.074(b).

Common scenarios

For specific case types, see our eligibility quiz. It applies the same Texas statutes summarized here to your specific case.

Texas record-clearing law is governed primarily by Tex. Code Crim. Proc. ch. 55 (expunction) and Tex. Gov't Code §§ 411.071–.0775 (orders of nondisclosure). The information here is a summary and not a substitute for review by a licensed Texas attorney.