In certain cases, Texas individuals are able to have their criminal record expunged (i.e. cleared), or they may petition for their record (including juvenile records) to be sealed through a nondisclosure order.
The information on this guide can help you understand the difference between an expunction and nondisclosure, who is eligible for each process, and how the process generally works. This guide also includes links to common forms used in the expunction and nondisclosure processes.
In certain cases, Texas individuals are able to have their criminal record expunged (i.e. cleared), or they may petition for their record (including juvenile records) to be sealed through a nondisclosure order.
Below you will find references to the areas of the Texas Code of Criminal Procedure, the Texas Government Code and the Texas Family Code that govern expunctions, orders of nondisclosure and the sealing of juvenile records. If you find these statutes difficult to understand, you may want to look at the “plain English” resources available in the Understanding the Law section of this page or speak to an attorney.
Chapter 55 governs the expunction of criminal records. In this chapter you will find the Texas law that outlines who is eligible for and has a right to an expunction. This chapter also outlines the procedure required when requesting an expunction.
Chapter 411 Subchapter E-1 governs nondisclosure orders. In this subchapter you will find the laws that explain who is eligible for an order of nondisclosure as well as the procedure that must be followed.
Beginning at section 58.003, this chapter of the Family Code governs the sealing of juvenile records. Section 58.203 also outlines what requirements must be met in order for certain juvenile records to be automatically restricted.
There are several legal aid organizations that may be able to help you with the process of clearing your record. You may also be able to find assistance at an upcoming legal clinic.
The Texas Fair Defense Projects provides free assistance to people who qualify for expunctions or nondisclosure orders. Applicants are required to submit a DPS Criminal History Report along with their application to determine eligibility.
The University of Texas's School of Law has a pro bono legal clinic that handles expunctions. Intake sessions are held each September and February. Please fill out their intake form for more information on this program.
This page from Texas Clean Slate Project lists upcoming local clinics that help with the expunction process and sealing other criminal records.
Because state law may not be easy to understand, below you'll find a collection of resources that help to explain the law in simple terms.
This free, anonymous, interactive tool from Georgetown University Law Center helps you determine whether or not you qualify for an expunction or nondisclosure order.
This article from Texas Law Help explains the differences between expunctions and nondisclosure orders under Texas law and explains the basic procedures for filing for both processes.
The petition to use for requesting a nondisclosure order will depend on various factors. This article explains the different types of nondisclosure orders and guides you to relevant forms and instructions.
This overview of orders of nondisclosure from the Office of Court Administration provides background information as well as a series of questions that can help you determine if you qualify for a nondisclosure order. It was last updated in February 2022 to reflect recent changes in the law.
This information page from the Texas Dept. of Public Safety explains how the agency handles expunctions and nondisclosure orders. It also provides information about the sealing of juvenile records.
UT Austin's Legal Services for Students provides a good overview of expunctions and nondisclosure orders. They explain who is eligible for either of these procedures in a manner that is easy to understand.
This brochure, published by the Texas Young Lawyers Association, explains both expunctions and non-disclosure orders in Texas. It is a great “plain English” explanation of these two procedures.
This article originally appeared in the Texas Bar Journal and is publicly available on the Texas Bar's website. It provides a great, easy-to-understand summary of expunctions and nondisclosure orders in Texas.
This booklet from the Texas Foster Youth Justice Program provides information and sample forms regarding the sealing of juvenile records.
This article from a private attorney's blog goes over the types of crimes that are eligible for the expunction process in Texas. An explanation of who qualifies for expunction and how the basic process works is also included.
If you have a library account in good standing, you can check out an OverDrive e-book title or access our remote databases. Don't have a library card? Texas residents can register for a library account from home! Learn more about how to register from home.
Below is an e-book title that may help you with your research on expunctions and non-disclosure.
This handbook by the Texas Young Lawyers Association explains what crimes can be sealed or cleared from a criminal record and how to do it.
Chapter 22 of this title covers expunctions, non-disclosure and sealing juvenile records. It includes a discussion of statutory law, general points and provides a variety of forms.
Expunctions and non-disclosures are covered in chapter 22. Topics include the right to expunction, expunction following dismissal, case law governing the expunction procedure and non-disclosure of criminal history information. It also contains forms for a motion and order of expunction.
Expunction of arrest records is covered in chapter 11. It discusses the procedure to obtain an expunction, which includes a checklist. It also includes a summary of how to petition a court for an order of nondisclosure and part III includes forms for a petition and order for expunction of records.
Below are some library resources that can provide more details about expunctions and nondisclosure. Please call us at (512) 463-1722 if you have questions about these materials.
Expunctions and nondisclosures are explained in detail in this volume from the Texas District and County Attorneys Association. Topics covered include appropriate remedies to expunctions, applying for and complying with expunction orders, identity theft expunctions, statutory silence, and petitioning for an order of nondisclosure. Included in the appendices are both expunction and nondisclosure forms.
