Expungement in Texas

Expungement in Texas is a legal process through which individuals to seek erasure of an event from their criminal records.
Background.
Texas expungement law allows expungement (referred to as "expunction" Texas statutes) of criminal records which did not lead to a finding of guilt, certain class C misdemeanors when the defendant successfully completed deferred adjudication, successful completion of deferred prosecution agreements. If the defendant was found guilty, pleaded guilty, or pleaded no contest, they will not be eligible for expungement; however, it may be eligible for non-disclosure (more commonly referred to as record sealing) in the circumstances outlined below.
The Texas Young Lawyers Association and State Bar of Texas provide an informational packet about expungement as a service to the public.
Juvenile offenses.
Juvenile offenses potentially eligible for expungement include "misdemeanor[s] punishable by fine committed prior to the age of 17, [offenses] committed by [minors] under the Alcoholic Beverage Code and [convictions] for Failure to Attend School" under the Education Code. Disqualifying factors can include multiple convictions and insufficient age.
Release, dissemination, and admissibility.
The release, dissemination or use of expunged records by any agency is prohibited. Unless being questioned under oath, the defendant may deny the occurrence of the arrest and expungement order.<ref name='Shlosberg 2011/2012'> </ref> If questioned under oath, the witness may only respond the matter was expunged.
Legislation.
The 76th Texas Legislature rejected a bill that would have expanded access to expungement. The 78th Texas Legislature failed to gain consensus for HB-384, which would have granted automatic expungement in the cases of acquittal, pardoning, or upon dropping of charges. The 82nd Texas Legislature's passing of HB-351 and SB-462 reformed the expungement code to include relief for those convicted but later determined to be innocent.
Alternative remedies.
Those ineligible for expungement may still seek an Order of Nondisclosure under some circumstances.
Texas Record Sealing (also known as Orders of Nondisclosure).
Petitioning the court for an Order of NonDisclosure is often the best option for those that are not eligible for an expungement/expunction in Texas, and typically used in situations where a sentence of deferred adjudication was imposed by the court. With some exception, expungements are typically intended for situations where there was no finding of guilt. In other words, expungements are for when you've been found not guilty, your charges have been dismissed, your conviction was overturned on appeal, or you were arrested but never charged. The exceptions to this general rule are for when you've successfully completed deferred prosecution, or when you've successfully completed deferred adjudication for a Class C Misdemeanor.
An Order of Non-Disclosure does not completely eradicate your record like an Order for Expunction, but seals and generally removes it from the public domain. Your record may be visible to certain government agencies listed below, but it will be removed from the public domain and not appear in most background checks. After Tex. Gov't Code Section 411.0765 was amended in 2017, Texas law specifically allows for the disclosure of sealed records to most criminal justice agencies and these noncriminal justices agencies:
Record Sealing is often available in the following circumstances, upon meeting specific requirements:
The most common situations for record sealing are for those sentenced to deferred adjudication for misdemeanors or felonies. Many misdemeanors can be sealed immediately, while others have a two-year waiting period. For felonies, there is a five-year waiting period after successful completion of the sentence, and you cannot be convicted of any new crimes during that period. In 2017, major changes were made to Texas law relating to deferred adjudication, permitting the sealing of certain first-time DWI convictions if specific requirements were satisfied. Previously, DWI convictions were prohibited by statute from being sealed.
The following charges are never eligible for a non-disclosure: