How to Seal Your Criminal Record in Texas

Sealing Your Criminal Record in Texas

A primer for sealing your criminal record in Texas for both felonies and misdemeanors, written in laymen's terms.

Introduction

Sealing one's criminal record in Texas is doable, but only there are many restrictions. One is urged to discuss such a matter with a licensed and qualified criminal attorney before attempting to seal one's records. There are two methods through which sealing one's record is possible in Texas - Expunction and Non-Disclosure. Each apply to different circumstances.

Expunction

Expunction is available for either Misdemeanor or Felony in the following circumstances: Defendant was charged with a crime but the charge was subsequently dropped; Defendant was a acquitted of the charges in a Court of Law; or the Defendant was found guilty but the conviction was later overturned.

Non-Disclosure for Felonies

Non-Disclosure is available for certain Felonies ONLY if the Defendant successfully completed his/her deferred adjudication period (also known as community supervision). If the period of deferred adjudication was successfully completed, the Defendant can petition for an Order of Non-Disclosure is available for all felonies within five years from date of discharge and dismissal (i.e. successful completion of deferred adjudication).

Non-Disclosure for Misdemeanors

Non-Disclosure is available for certain Misdemeanors immediately after successful completion of deferred adjudication, except in the offenses in the next paragraph, where the wait is two years.

Misdemeanors with a Two Year Wait for Non-Disclosure

Abuse of corpse, Advertising for placement of child, Aiding suicide, Assault, Bigamy, Animal Cruelty, Deadly conduct, Flag destruction, Discharge of firearm, Disorderly conduct, Disrupting meeting/procession, Dog fighting, False alarm or report, Harassment, Harboring runaway child, Hoax bombs, Indecent exposure, Interference with emergency telephone call, Leaving a child in a vehicle, Making a firearm accessible to a child, Obstructing highway or other passageway, Possession, manufacture, transport, repair or sale of switchblade knife or knuckles, Public lewdness, Riot, Silent or abusive calls to 9-1-1 service, Terroristic threat, Unlawful carrying of handgun by license holder, Unlawful carrying weapons, Unlawful possession of firearm, Unlawful restraint, Unlawful transfer of certain weapons, Violation of protective order preventing offense caused by bias or prejudice.