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Last Modified on Sep 11, 2026
Expungement, also referred to as an expunction, allows your criminal record and history to be wiped clean. Any records related to your arrest, charges, court proceedings, or conviction are destroyed or blacked out, and you no longer have to disclose the incident. The question is, who qualifies for an expungement in Texas? The answer is more complicated than you might think.
Expunctions Are Limited in Texas
Unfortunately, most criminal records are not eligible for expungement in Texas. Expungement is usually limited to those who faced arrest and were charged, but were not convicted. If you were found guilty or pled guilty, you may have a harder time obtaining an expungement order. You may be able to receive an expungement if:
- The charges were dropped or were ultimately never filed, and the statute of limitations has run its course.
- You were acquitted at trial or pardoned.
- You received a deferred adjudication in a Class C misdemeanor case.
- You completed a pretrial intervention or completed a diversion program, and the State dismissed your charges.
- You made a deferred prosecution agreement, and the State dismissed your charges.
- You were convicted of Unlawful Carrying of a Weapon prior to September 1, 2021.
Even if one of these circumstances applies, you may not be eligible for expungement if your arrest involved several charges and you faced conviction for another charge, or if you fled while you were released on bail at the time.
Waiting Periods for Expungement
You must complete a waiting period in order to file for an expungement. How long you have to wait depends on the nature of the charges that were filed against you. You may have to wait:
- At least 180 days for Class C misdemeanors
- At least two years for other misdemeanors
- At least three years for felonies
If the prosecutor filed charges against you, you may have to wait until the statute of limitations for filing on the criminal offense expires before you can request an expungement.
How to Obtain an Expungement
If you believe you are eligible for an expungement, you should contact an expungement lawyer right away. Your lawyer can help you file a Petition for Expungement of Criminal Records, which requires two different forms. You may also have to provide additional proof or compelling reasons that the court should expunge the record and attend a hearing date.
Every county courthouse handles hearings differently, so ask your lawyer what to expect. If you don’t show up for the hearing date, the court may not grant your expunction order.
Alternatives to Expungement
If you don’t think you are eligible for an expungement, you may still be able to obtain a nondisclosure order. A nondisclosure order doesn’t remove your criminal record completely as an expungement order does. However, it can prevent private employers and landlords from gaining access to your criminal record. You may be able to receive a nondisclosure order under Texas Government Code 411.074 if:
- You received deferred adjudication.
- You completed community supervision for your first misdemeanor.
- You completed a jail term for your first misdemeanor.
- You did not cause any injuries during a first DWI offense and do not have other convictions or deferred adjudications
You may not be eligible to receive a nondisclosure order in certain circumstances. You may be ineligible if you:
To obtain a nondisclosure order, you must fill out the correct forms, provide certified court documents of your judgment, and pay all applicable filing fees.
Texas Expunctions Are Not Easy to Obtain
Texas does not make it easy to obtain an expunction order. There are roughly seven million people in the Lone Star State living with criminal records, but in one recent year, the state reported only 27,025 expungements. If you would like to get your case expunged, you should work with a qualified expungement attorney to improve your odds of a successful outcome.
FAQs
What Crimes Aren’t Eligible for Expungement?
Crimes that aren’t eligible for expungement include certain violent crimes and crimes of endangerment. They can include murder, aggravated kidnapping, domestic violence, human trafficking, and any criminal act that results in sex offender registration. If you’re not sure whether your criminal record could be expunged under local expungement laws, contact our team to discuss your case.
How Much Does It Cost to Expunge a Case in Texas?
How much it costs to expunge a case in Texas varies based on factors such as the complexity of your case, whether your expungement is contested, and whether you were found guilty of the charges. You can contact us to schedule a consultation if you want to find out how much it could cost to expunge your criminal record.
Does a Criminal Record Clear After Seven Years in Texas?
A criminal record does not clear after seven years in Texas. Your criminal record is permanent unless you take legal action to have it expunged, which can wipe your record clean. The 7-year rule refers to background checks, which can’t show arrests, indictments, or convictions older than this in most cases. There are, however, some exceptions to the state law, and it may be unenforceable due to conflict with federal laws.
Can a Felony Show Up on a Background Check in Texas After 10 Years?
A felony can still show up on a background check in Texas after 10 years because the state’s prohibition on reporting criminal records for more than seven years is in direct conflict with federal law, which allows convictions to be reported indefinitely. Texas also makes provisions for high-salary jobs and other circumstances, in which the state allows background checks to be conducted indefinitely.
Hire an Expungement Lawyer
If you want to get your record cleared, it’s time to hire an expungement lawyer. An expungement attorney from Harris & Harris Law Group, PLLC, can help you with this process. Even if you’re not sure whether you qualify for an expungement, it’s worth scheduling a consultation regarding your expungement case. With our 40 years of combined experience, we can help you understand your legal options and decide how to move forward.
