ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Texas Expunction and Non-Disclosure Orders: How to Remove Convictions From Your Criminal Record

Updated on August 18, 2014

The one legal question I get asked most often is, “How can I remove a conviction from my record?” In most cases, the person asking worried that a prior conviction would prevent them from getting a job. Others worried that they would be unable to receive much-needed state benefits such as food stamps and Medicaid.

Luckily, Texas law does provide a mechanism with which you can permanently remove information about an arrest, charge, or conviction from your records. This mechanism is called an expunction. Alternatively, if you don’t qualify for an expunction, you can seek a limitation on the accessibility of your records by requesting a non-disclosure order. The following is an overview of each of these options.

Texas Expunction

Chapter 55 of the Texas Code of Criminal Procedure governs the expunction of criminal records. Under Article 55.01, the following records are eligible for expunction:

  • Conviction for a crime that was pardoned
  • Conviction for a crime that was acquitted by a trial court or the Criminal Court of Appeals
  • An arrest for a crime that was never charged
  • A criminal charge that was dismissed (if the charge was a felony, you must wait until after the statute of limitations for that crime has passed before applying to have it expunged)
  • An arrest, charge, or conviction on an individual’s record due to identity theft by another person
  • A misdemeanor punishable by fine committed by a person under age 17
  • Most offenses committed by a minor
  • An offense committed by a minor under the Alcoholic Beverage Code
  • Conviction for failure to attend school

Limitations: If the record you are seeking to expunge is eligible, the Court will NOT grant expunction if one or more of the following situations has occur:

  • You received deferred adjudication or probation for the crime
  • You were convicted of a felony within five years of the arrest you are seeking to have expunged
  • The offense is part of a “criminal episode”

How to apply: You need an attorney to apply for expunction.The attorney will first prepare and file a Petition for Expunction with the proper court. After the petition is filed, the court will schedule a hearing and send notice to you and all the agencies that may have the record on file. If the court grants the expunction, the judge will submit an Order of Expunction to the applicable agencies who will then either delete the record from their files, or return the record to the county clerk for removal.

Texas Non-Disclosure Order

Since most convictions cannot be “expunged” (removed) from your record, Texas law provides the option of limiting the accessibility of your record by certain private parties. This is called a non-disclosure order. Under TX Government Code §411.081, a non-disclosure order is available if an individual has successfully completed deferred adjudication or probation for a crime.

Limitations: Like an expunction, you must wait until the statute of limitations for the crime has passed before applying for a non-disclosure order. Furthermore, you must not be convicted of any offenses during the waiting period. Convictions for certain serious crimes such as domestic violence, sex offenses, and murder are not eligible for non-disclosure.

How to apply: You will need an attorney to apply for an Order of Non-Disclosure. The attorney will file a petition with the court that originally heard the case. The court will hold a hearing during which the judge has discretion to either approve or deny your request.


The information in this article is for general information purposes only. Nothing on this or associated pages, comments, answers, or other communications should be taken as legal advice. The information provided is not intended to create, and viewing of this information does not constitute, an attorney-client relationship.

© 2012 Bahin Ameri


    0 of 8192 characters used
    Post Comment

    • profile image


      6 years ago

      Good info to have I can perhaps help some of my clients with this information.

    • Blawger profile imageAUTHOR

      Bahin Ameri 

      6 years ago from California

      Thanks for voting!

    • teaches12345 profile image

      Dianna Mendez 

      6 years ago

      Thankfully, this is not an area of concern for me, but it is good information. I didn't know that you could have this done. I know this will be of great use to many people. Voted up!


    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at:

    Show Details
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the or domains, for performance and efficiency reasons. (Privacy Policy)
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)