Expungement Legal Code

Parameters For Deferred-Adjudication Nondisclosure Orders

The plea must have been guilty or no contest. (If you entered a plea of not guilty and were acquitted in trial, you would be eligible for an expunction rather than an order of nondisclosure.)

Excluded offenses:
• murder
• aggravated kidnapping
• injury to a child/elderly person
• abandonment/endangerment of a child
• violation of a protective order
• stalking
• sex offenses
• family violence

2. The following misdemeanors have a two year waiting period:
• Kidnapping/Unlawful Restraint
• Assaults (family violence cases are excluded)
• Offenses Against the Family that are not otherwise excluded
• Cases prosecuted under Texas Penal Code Chapter 42
• Weapons Offenses under Texas Penal Code Chapter 46

3. All non-excluded felonies have a five-year waiting period.

4. For “waiting period offenses,” the defendant may not have been convicted or received deferred adjudication for a new offense (other than a fine-only traffic offense) during the waiting period.

5. Even where no statutory preclusion exists, the state may oppose any petition for nondisclosure based on the “best interest of justice.”

Governmental agencies (police, prosecutors, etc.) and quasi governmental entities will still have access to the records of your deferred. For any profession licensed by the State of Texas (teaching, nursing, etc.) the licensing board for that profession will still have access to records of your deferred. But take heart, criminal cases that have been disposed of with a successfully completed term of deferred adjudication probation are now considered by the State of Texas for the granting of a full pardon. Please see below for information regarding pardons.

Article 55.01. Right To Expunction

  1. A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
    1. the person is tried for the offense for which the person was arrested and is:
      1. acquitted by the trial court, except as provided by Subsection (c); or
      2. convicted and subsequently:
        1. pardoned for a reason other than that described by Subparagraph (ii); or
        2. pardoned or otherwise granted relief on the basis of actual innocence with respect to that offense, if the applicable pardon or court order clearly indicates on its face that the pardon or order was granted or rendered on the basis of the person’s actual innocence; or
    2. the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Article 42.12 for the offense, unless the offense is a Class C misdemeanor, provided that:
      1. regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired, an indictment or information charging the person with the commission of a misdemeanor offense based on the person’s arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested:
        1. has not been presented against the person at any time following the arrest, and:
          1. at least 180 days have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class C misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;
          2. at least one year has elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class B or A misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;
          3. at least three years have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a felony or if there was a felony charge arising out of the same transaction for which the person was arrested; or
          4. the attorney representing the state certifies that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution, including an investigation or prosecution of another person; or
        2. if presented at any time following the arrest, was dismissed or quashed, and the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial i