Expungement / Record Sealing Petition and Eligibility Memo — Texas

Expungement / Record Sealing Petition and Eligibility Memo (Texas)

Quick-Reference Summary

Part A — Eligibility Memo

I. Statutory Framework

Texas record-clearing law is bifurcated into two statutes with non-overlapping eligibility:

Expunction — Tex. Code Crim. Proc. Ch. 55A (renumbered from Ch. 55 effective January 1, 2025 by HB 4504, 88th Leg., R.S.). Art. 55A.101 establishes the right to expunction. Eligibility is narrow and tied to non-conviction outcomes. When granted, every agency holding a record (DPS, arresting agency, prosecutor, court clerk, jail, identified private database providers) must either return the records to the court or destroy them. The petitioner may thereafter legally deny that the arrest occurred (with limited exceptions in sworn proceedings under art. 55A.301).

Nondisclosure — Tex. Gov't Code Ch. 411, Subch. E-1. Provides for an "order of nondisclosure of criminal history record information" that restricts public-facing dissemination of the record by DPS and other criminal-justice agencies. Records remain visible to law enforcement, prosecutors, courts, and certain regulated employers (school districts, hospitals, banks, licensed daycare, public-safety agencies). The applicable provision depends on the disposition and offense level:

• § 411.072 — Automatic nondisclosure. First-time offenders who completed misdemeanor deferred adjudication for a non-excluded offense after September 1, 2017. The court is to issue the order without petition once DPS notifies the court of eligibility, though many counties still require a filing.
• § 411.0725 — Standard deferred adjudication nondisclosure. Felony deferred adjudication or misdemeanor deferred adjudication that does not qualify for § 411.072.
• § 411.0726 — DWI/BWI deferred adjudication nondisclosure.
• § 411.073 — Straight community supervision (probation) nondisclosure. Certain non-excluded misdemeanors where a conviction was entered but the defendant was placed on community supervision.
• § 411.0735 — Misdemeanor jail-time conviction nondisclosure. Where the defendant served jail time on a non-excluded misdemeanor.
• §§ 411.0731 / 411.0736 — DWI conviction nondisclosures.

II. Eligible vs. Ineligible Offenses

III. Waiting Period Analysis

Expunction (Ch. 55A, art. 55A.151):

• Acquittal: 30 days after the not-guilty verdict (may be expedited where the State agrees).
• Pardon: Upon issuance.
• Dismissal: Generally upon expiration of the appeal window, provided the SOL has run or the State affirmatively waives prosecution.
• No charges filed — Class C: 180 days from arrest.
• No charges filed — Class A/B misdemeanor: 1 year from arrest (matches the 2-year SOL).
• No charges filed — most felonies: 3 years from arrest. Certain felonies have longer SOLs (e.g., sexual offenses, no SOL for murder) — waiting period mirrors the SOL.

Nondisclosure (Subch. E-1):

• § 411.072 automatic (first-time misd. deferred): No waiting period — eligibility runs from discharge and dismissal of deferred adjudication.
• § 411.0725 felony deferred: 5 years from discharge and dismissal.
• § 411.0725 misd. deferred (excluded chapter — 20, 21, 22, 25, 42, 43, 46): 2 years from discharge.
• § 411.0725 misd. deferred (other): No waiting period.
• § 411.073 straight probation: Immediate for most misdemeanors; 2 years for the excluded chapters above.
• § 411.0735 misd. jail conviction: Immediate for Class C fine-only; 2 years after release for other misdemeanors.
• § 411.0731 DWI probation conviction: 2 years from sentence completion (no breath/blood alcohol of 0.15 or more, no accident involving another person).
• § 411.0736 DWI jail conviction: 3 years (no aggravators) or 5 years (with aggravators) after sentence completion.

IV. Subsequent-Conviction Bar

Across the nondisclosure provisions, the petitioner is disqualified if at any time during the waiting period, during supervision, or at the time of the original offense the petitioner was convicted of or placed on deferred adjudication for any other offense other than a fine-only traffic offense. § 411.074(a).

Certain offenses (sex-offender registration, aggravated kidnapping, offenses with an affirmative family-violence finding, and the offenses enumerated in § 411.074(b)) are permanently barred from nondisclosure regardless of waiting period or rehabilitation.

For expunction, the petitioner's other criminal history does not categorically disqualify, but if the State demonstrates that records being sought to expunge are needed in pending litigation, the court may delay or limit expunction (art. 55A.157).

V. Restitution and Outstanding Obligations

For expunction, all conditions of dismissal, deferred adjudication, or pretrial diversion (including restitution) must be satisfied. For nondisclosure, the petitioner must show that "all fines, costs, fees, and restitution" ordered as part of the sentence have been paid (commonly addressed in the petition; some courts require the order to recite this finding). Where the court has converted unpaid amounts to a civil judgment, payment is generally required before the order will issue.

VI. Effect of Expungement / Sealing

Expunction. Records are returned to the court or destroyed. Under art. 55A.252, the petitioner may "deny the occurrence of the arrest and the existence of the expunction order" except when questioned under oath in a criminal proceeding (in which case the petitioner may state only that the matter has been expunged). The expunged event may not be admitted into evidence except in limited proceedings under art. 55A.302.

Nondisclosure. DPS and other criminal-justice agencies must not disclose the criminal history record information to the public. The information remains available to (i) criminal-justice agencies, (ii) entities listed in Gov't Code § 411.0765 (school districts, certain hospital districts, banks, securities firms, the State Board of Education, the Department of Family and Protective Services, public-safety agencies, etc.), and (iii) the petitioner. A person whose record is sealed under Subch. E-1 is not required to disclose information related to the offense in response to most employment, housing, or licensing inquiries (§ 411.0775).

Immigration. Neither expunction nor nondisclosure eliminates a "conviction" for federal immigration purposes if the underlying disposition would otherwise qualify under INA § 101(a)(48)(A). Deferred adjudication in Texas is generally a "conviction" for immigration purposes. Non-citizens must consult immigration counsel.

Firearms. Nondisclosure does not restore firearm rights lost under federal 18 U.S.C. § 922(g) (the federal predicate conviction remains). Expunction, by contrast, generally restores rights because the conviction is treated as never having occurred under state law.

VII. Automatic-Relief Program

Texas has limited automatic relief. Under § 411.072, persons who completed deferred adjudication for a qualifying first-time misdemeanor on or after September 1, 2017 are eligible for automatic nondisclosure without filing a petition; the trial court is required to issue the order on receiving notice of eligibility from DPS, and DPS proactively notifies the court. In practice, many county clerks still require a filed motion or proposed order from the petitioner.

There is no automatic expunction program in Texas. HB 4504 (88th Leg., 2023, eff. 1/1/2025) restructured but did not auto-expunge any category.

Part B — Petition Template

Caption

In the [District / County Criminal] Court of [____________________] County, Texas
Cause No.: [________________________________]
[Original Criminal Cause No.: ________________________________]

PETITION FOR ☐ EXPUNCTION (Tex. Code Crim. Proc. Ch. 55A) ☐ ORDER OF NONDISCLOSURE (Tex. Gov't Code § [____])

I. Petitioner Information

Name: [________________________________]
Aliases / Maiden Names: [________________________________]
Date of Birth: [__/__/____]
Sex: [____] Race: [____]
Driver's License No.: [________________________________] State: [____]
Social Security No. (last 4): XXX-XX-[____]
Current Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
TX SID Number (if known): [________________________________]

II. Underlying Case Information

III. Eligibility Statement

[Select applicable subsection — strike inapplicable]

A. For expunction under Ch. 55A:

☐ Petitioner was tried for the offense and acquitted (art. 55A.101(a)(1)(A));
☐ Petitioner was pardoned (art. 55A.101(a)(1)(B)) — pardon attached;
☐ The charge was dismissed/no-billed and no court-ordered community supervision under Ch. 42A was imposed (art. 55A.101(a)(2));
☐ No indictment or information has been filed and the applicable waiting period under art. 55A.151 has expired:
☐ 180 days (Class C, no charge filed)
☐ 1 year (Class A/B, no charge filed)
☐ 3 years (felony, no charge filed)
☐ Petitioner has not been convicted of a felony in the five years preceding the date of the arrest (where required by art. 55A.101(b));
☐ The State has not opposed expunction or has consented.

B. For nondisclosure under Gov't Code § [____]:

☐ Petitioner successfully completed deferred adjudication / community supervision / sentence;
☐ Petitioner has not been convicted of or placed on deferred adjudication for any offense other than a fine-only traffic offense during the period required by § 411.074(a);
☐ The applicable waiting period under the cited section has elapsed;
☐ The offense is not excluded from nondisclosure under § 411.074(b);
☐ Issuance of the order is in the best interest of justice (§ 411.0725(d) finding, where required);
☐ All fines, costs, fees, and restitution have been paid.

IV. Statement of Grounds for Relief

1. Petitioner satisfies each statutory prong identified in Part III.
2. [Expunction:] No factual or legal basis exists for the State to oppose expunction; the records sought are not needed in any pending criminal litigation.
3. [Nondisclosure:] Granting the order is in the best interest of justice in light of: [employment, housing, education, family, treatment completion, length of time without further criminal contact].
4. The relief requested serves the rehabilitative purpose of Texas record-clearing law and removes barriers to lawful reintegration.

V. Service of Notice — Agencies with Records

Petitioner identifies the following agencies with records subject to this petition (each must be served):

VI. Requested Relief

WHEREFORE, Petitioner requests that the Court:

☐ ENTER AN ORDER OF EXPUNCTION pursuant to Tex. Code Crim. Proc. Ch. 55A directing every agency listed in Part V to (i) return all records and files concerning the arrest to the Court, or (ii) destroy such records, and to obliterate all index references;
☐ ENTER AN ORDER OF NONDISCLOSURE pursuant to Tex. Gov't Code § [____] directing the Texas Department of Public Safety and every agency listed in Part V to seal the criminal history record information described herein and prohibiting its release except as authorized by Subch. E-1;
☐ Direct the District Clerk to transmit certified copies of this Order to each agency listed in Part V;
☐ Grant such other and further relief to which Petitioner may be justly entitled.

Signature Block and Verification

THE STATE OF TEXAS
COUNTY OF [____________________]

Before me, the undersigned authority, on this day personally appeared [PETITIONER NAME], who, being by me duly sworn, on oath deposed and said that the statements contained in the foregoing petition are true and correct based on his/her personal knowledge.

[________________________________]
Petitioner

SWORN TO AND SUBSCRIBED before me on [__/__/____].

[________________________________]
Notary Public, State of Texas

Submitted by:

[________________________________]
Attorney for Petitioner
Texas State Bar No.: [____]
[Firm Name, Address, Telephone, Email]

Part C — Filing Checklist

☐ DPS criminal history record (Computerized Criminal History) obtained — confirms arrest date, agencies, disposition
☐ Certified copy of disposition (judgment, order of dismissal, order of deferred adjudication, discharge/dismissal order) obtained
☐ Correct statutory provision identified (Ch. 55A vs. specific Gov't Code §)
☐ Waiting period calculated from correct trigger date and verified against statutory text
☐ § 411.074 exclusion check — confirmed offense is not categorically barred from nondisclosure
☐ Subsequent-conviction check — confirmed no disqualifying convictions or deferred adjudications during eligibility period
☐ Restitution / fines / costs paid in full OR balance addressed in petition
☐ Petition filed in correct court (district court of county of arrest for expunction; court of original jurisdiction for nondisclosure)
☐ Filing fee paid (approx. $250–$350 expunction; ~$28 nondisclosure court cost)
☐ Citation issued for all respondent agencies in Part V; 30-day answer period observed (expunction)
☐ Hearing date calendared (mandatory hearing for expunction unless State waives)
☐ Proposed Order prepared listing every agency, address, and TRN/SID
☐ Post-grant: Certified copy of Order delivered to DPS Crime Records Service (Expunction Section or Nondisclosure Section)
☐ Post-grant: Copies delivered to each agency in Part V; retain proof of delivery
☐ Post-grant: Petitioner notifies private background-check vendors and disputes any continued reporting (15 U.S.C. § 1681i)

Sources and References

• Texas Code of Criminal Procedure Ch. 55A — https://statutes.capitol.texas.gov/?link=CR
• Texas Government Code Ch. 411, Subch. E-1 — https://statutes.capitol.texas.gov/?link=GV
• HB 4504 (88th Leg., R.S., 2023) — Ch. 55 → Ch. 55A recodification — https://capitol.texas.gov/billlookup/text.aspx?LegSess=88R&Bill=HB4504
• Texas Department of Public Safety, Expunction / Nondisclosure — https://www.dps.texas.gov/section/crime-records/expunctions-and-nondisclosures
• Texas Office of Court Administration, Nondisclosure forms — https://www.txcourts.gov/oca/
• Texas Young Lawyers Association, Expunction Manual — https://www.texasbar.com
• DPS Form L-2 (Personal Record Review) — https://www.dps.texas.gov/section/crime-records/criminal-history-search