Source review: September 29, 2026. Information only, not legal advice.
Texas expunction and nondisclosure
Texas expunction can remove qualifying criminal-history entries; an order of nondisclosure instead limits public access to certain records. A dismissed charge does not by itself establish eligibility. The ground for relief, each offense arising from the arrest, whether prosecution can resume, and the applicable waiting rules need to be checked against the case file.
What is the difference between expunction and nondisclosure?
TexasLawHelp explains that expunction under Code of Criminal Procedure chapter 55A can remove entries from an adult criminal-history record. An order of nondisclosure under Government Code chapter 411 limits public disclosure but leaves access for criminal-justice agencies and specified licensing and government entities. The legal result differs, so choose the route by disposition and statute rather than by a generic word like “expungement.”
Does a dismissal mean you can file for expunction?
No. TexasLawHelp's Expunction Prep Guide says that for its full-expunction forms the limitations period must have run on all offenses leading to the arrest, subject to specific exceptions. Formal charges can pause that clock until the case is dismissed. Some crimes have different or no limitation period; a charge category and dismissal date alone cannot prove expiration. Acquittal, pardon, prosecutor-supported and pretrial-diversion routes have distinct requirements. A partial expunction after a shorter arrest-based wait can leave records with the prosecutor or law enforcement, so it is not the same as full relief.
When might nondisclosure be the route?
Some cases ending in deferred adjudication and some qualifying convictions may fit a nondisclosure provision. TexasLawHelp distinguishes an automatic order for some first-time misdemeanor deferred-adjudication cases from a petition for other categories. Offense exclusions, prior history, sentence completion and the relevant statutory section matter. Do not reuse a waiting period from a different nondisclosure section or assume that an automatic order has already been entered.
How do you prepare a Texas filing?
- Gather the arrest and charge records, the certified disposition or dismissal order and the case number. TexasLawHelp says these are needed to prepare its forms.
- Identify the statutory ground and check every offense connected with the arrest, not just the final charged offense. Seek legal help if limitations, tolling, diversion or related charges are unclear.
- Use the TexasLawHelp expunction guide or its nondisclosure guide only if the instructions cover your situation. Confirm the court, notice, local fees and any waiver with the clerk.
- After an order, check the agencies and records addressed by it. Court relief and private copies of old information are different questions.
What can RecordReset check?
The informational screener compares limited answers with rules. It cannot determine whether Texas limitations were tolled, what other offenses arose from an arrest, or whether a prosecutor can resume a case. A “may match” result needs a case-file and legal review. RecordReset's petition PDFs are held and are not ready for filing.
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.
Questions people ask
Does a dismissed Texas charge automatically qualify for expunction?
No. The charged offense, other offenses arising from the arrest, when charges were filed, whether limitations were tolled, and the statutory ground all matter. A dismissal date alone cannot establish that a limitations period has expired.
Is nondisclosure the same as expunction?
No. Expunction can remove qualifying records; nondisclosure restricts public access but authorized law enforcement, licensing, and government entities may still see them.
Can deferred adjudication be expunged in Texas?
Usually not; a narrow Class C misdemeanor exception exists. Depending on the case, an order of nondisclosure may be a separate possibility.
Where are Texas expunction forms?
TexasLawHelp has an Expunction Prep Guide with forms for certain situations and warns that those forms do not cover every expunction ground.
RecordReset is a self-help legal information service, not a law firm. A screening can only say a case may match published rules and needs review. A court or agency determines relief. RecordReset does not file cases or offer attorney review; paid enrollment and draft PDFs are paused for legal and form review.