Eligibility Test for Criminal Record Cleanup
Find out if you’re eligible for an order of expunction or nondisclosure of your criminal history in Texas! Complete the form below and contact us for your 100% Free Consultation now!
Expunction Eligibility
An Order of Expunction, otherwise known as record expungement and record clearing, is an order to completely destroy all records related to the criminal charge in question.
The basic requirement for an adult expunction order is to meet one of the following conditions:
- You were charged, went to trial, and found to be innocent (acquitted),
- You were convicted but later pardoned by the Governor,
- You were formally charged with a crime but the charge was dismissed, and the statute of limitations for the crime has run out,
- You were arrested but never formally charged with a crime and the waiting period prescribed by law has been satisfied.
The lengths of the waiting periods after you were arrested but never charged are based on the nature of your arrest.
- Class C misdemeanor, 180 days from the date of your arrest,
- Class A or B misdemeanor, one year from the date of your arrest,
- Felony, three years from the date of your arrest.
Nondisclosure Eligibility
An Order of Nondisclosure, otherwise known as record sealing, is an order to seal all records related to the criminal charge in question.
To be eligible for an order of nondisclosure, you must first have been placed on deferred-adjudication for the offense and completed it, receiving an order of dismissal and discharge from the court. Not all offenses qualify for an order of nondisclsoure – most notably, sex and family violence offenses. Though, eligiblity requirements have loosened from this since September of 2017.
Second, you must not have any disqualifying criminal history separate from the offense you are seeking an order of non-disclosure. There are three disqualifying categories: 19.02, 19.03, 20.04, 22.04, 22.041, 25.07, and 42.072., any offenses that require registration as a sex offender, and any category involving family violence.
In addition, you must wait a certain period of time before petitioning for an order of non-disclosure. This depends on the offense. For felonies, you may not file until the fifth anniversary of the dismissal and discharge. For misdeamenors, it is either immediate or until the second anniversary, again depending on the specific offense.
Non-Disclosure of Criminal Records
Offenses Not Eligible for Non-Disclosure
The following offenses are not eligible for non-disclosure in Texas:
- Incest
- Sexual assault
- Aggravated sexual assault
- Indecency with a child
- Burglary committed in order to commit one of the above-listed offenses
- Sexual performance by a child
- Compelling prostitution
- Aggravated kidnapping
- Promoting or possessing child pornography
- Murder
- Capital murder
- Injuring a child, elderly person or disabled person
- Abandonment or endangerment of a child
- Stalking
- Violation of a protective or magistrate’s order
- Any offense involving family violence
