When you’re trying to move past old legal troubles, a common question pops up: what felonies can be expunged in Texas? Clearing your criminal record can open doors to better jobs, housing, and a fresh start, but in Texas, options like expungement (called expunction) and record sealing (nondisclosure) have tight rules. Many convictions, especially felonies, can’t be wiped away. It’s all about limiting or erasing the visibility of your criminal records, but eligibility depends on your criminal history.
As of August 19, 2025, updates like HB 4504 make it easier for some non-conviction cases to get automatic expunctions, but serious offenses still face barriers. If you’re wondering “What convictions cannot be expunged in Texas?” or “How to seal or expunge your record in Texas?”, this guide breaks it down—keep in mind, this is general; a criminal defense lawyer should review your criminal record for specifics.
At Saputo Toufexis Criminal Defense PLLC, we help people navigate Texas criminal law on expungement and nondisclosure. Our criminal defense experience means we can assess your criminal history, file petitions, and fight for the best outcome, whether it’s getting your criminal record expunged or sealed.
Understanding Expungement and Record Sealing in Texas
Expungement in Texas means fully erasing a criminal record from all databases, like the arrest or charge never happened. You can deny it existed in most situations, though exceptions apply for certain legal process needs. Record sealing, or nondisclosure, hides criminal records from public view but keeps them accessible to criminal justice agencies, government entities, and licensing agencies for background checks.
The difference between sealed and expunged in Texas? Expunged records get destroyed completely, while sealed ones stay but aren’t open for general public disclosure. Expunction is harder to get and more thorough, perfect if there’s no final conviction. Nondisclosure is more common, especially after successfully completed deferred adjudication, and it lets you deny the criminal record in many cases, though not all.
Under Texas law, these tools help people with past arrests rebuild, but criminal justice agencies prioritize public safety, so not every criminal charge qualifies.
Common Scenarios for Eligibility
Eligibility scenarios vary based on your criminal case outcome. For expungement, you often qualify if arrested but no charges filed and the statute of limitations passed, or if the criminal case dismissed without deferred adjudication. Successfully completed a pretrial diversion program? That can lead to expunction too. Class C misdemeanor cases with successfully completed deferred adjudication might work after the waiting period.
Special cases include veterans court completers with dismissals or victims of identity theft or human trafficking—they have paths to get related criminal records expunged. But if the offense involving family violence or you had a guilty plea in the same county, it might block you. Juvenile records often seal automatically at 18 or 19 for misdemeanors if no adult convictions, but felony juvenile records need petitions.
For record sealing, it’s available after successfully completed deferred adjudication for misdemeanors and some felonies, with waiting periods like two years for higher misdemeanors or five for felonies. No other convictions during that time, excluding traffic offenses. Certain offenses like sexual assault or aggravated kidnapping aren’t eligible for nondisclosure orders.
We’ve seen many cases where people thought their criminal record clear after a dismissal, but without petitioning the proper court, it lingers. Texas DPS handles criminal history information, so checking there first is smart.
Steps to Check and Pursue Expungement or Sealing
Wondering if you’re eligible? Start by reviewing your criminal history through Texas DPS for about $15—it shows arrests, convictions, and more. A criminal defense lawyer can analyze under Texas criminal law to spot if you meet eligibility requirements, like no final conviction for expunction or successfully completed community supervision for nondisclosure.
To expunge, file a petition in the trial court where the arrest happened after the statute of limitations (180 days for Class C, one year for misdemeanors, three years for felonies). Gather proof, pay fees ($300-500), and attend hearings if the prosecutor objects. If approved, criminal justice agencies destroy the records.
For sealing, file after the waiting period in the convicting court, showing no disqualifying offenses. Fees are similar ($280-400), and the court weighs rehabilitation against public safety before granting nondisclosure orders. Notify agencies like DPS to update.
Low-income folks might get fee waivers via legal aid or resources like TexasLawHelp.org. The process for expungement or nondisclosure order can take months, but it’s worth it for a cleaner criminal record in Texas.
Potential Outcomes and Benefits
If successful, an expunged record means no trace on background checks—you can deny the criminal history fully. Sealed records hide from public but show for state agencies or licensing agencies, still helping with jobs or housing. For juvenile records, sealing protects young people, and veterans court paths expand options.
Clearing your criminal record expunged boosts opportunities, reducing stigma from old arrests. In non-conviction cases, it’s often straightforward, but even after deferred adjudication, nondisclosure provides relief. The new expungement law in Texas via HB 4504 streamlines for acquittals or no-bill cases, making automatic expunctions easier without always needing a petition.
Why does it matter? A clean slate supports reintegration while balancing public safety—expunction for no-guilt scenarios, sealing for rehabbed ones.
Challenges and Limitations
Not everything qualifies, and that’s a big hurdle. What convictions cannot be expunged in Texas? Most felonies with convictions, like capital murder, sexual assault, aggravated kidnapping, or human trafficking, stay forever. Even misdemeanors with community supervision (except Class C) can’t be expunged. Offenses like elderly individual abuse or disabled individual harm remain if convicted.
For sealing, violent crimes, sex offender registration offenses, or family violence are out. If convicted during the waiting period, your whole criminal record might stay open. Compelling prostitution or other records tied to serious crime can’t seal. Government entities access sealed files anyway for background check needs.
Texas courts deny for high-risk criminal history to protect public safety. Plus, costs add up—filing plus attorney fees ($1,000-3,000)—though waivers help low-income. Ineligible offenses involving violence mean some criminal records haunt indefinitely, no matter the rehab.
How Saputo Toufexis Criminal Defense PLLC Can Help
We’ve guided countless clients through expungement and nondisclosure in Texas, from simple Class C misdemeanor cases to complex felony reviews. We start with a thorough check of your criminal history, explaining Texas law on waiting periods and eligibility. In court, we file petitions, argue against objections, and push for granting expunctions or nondisclosure orders.
For veterans or pretrial diversion program completers, we highlight special rules. Every criminal case is unique, so we tailor strategies—whether expunging a dismissed criminal charge or sealing after deferred adjudication. Our criminal defense lawyers know the Code of Criminal Procedure inside out to minimize legal process stress and maximize privacy. Contact us for a free consultation to see if your record qualifies.
Important Facts About Texas Record Clearing
Texas criminal record sealing or expunction requires no final conviction for most expunctions, but nondisclosure works after successfully completed deferred adjudication. Statute of limitations sets waiting periods: three years for felonies. Juvenile records seal easier, but adult felony convictions rarely clear.
The Texas Department of Public Safety updates criminal history information post-approval. Certain offenses like sexual assault stay visible for sex offender registries. Resources from Texas Courts or Georgetown University Law Center affiliates offer guides, but professional help ensures success.
Public disclosure limits protect, but criminal appeals might reopen old cases—always verify with a law office.
Common Issues with Expungement and Sealing
Issues often arise from misunderstandings—like thinking a misdemeanor case auto-clears after jail time, but it doesn’t without filing. Offense involving family violence blocks many, even if dismissed. Waiting period violations, like new criminal charges, disqualify.
We’ve seen clients with same county guilty pleas denied, or human trafficking victims needing special proof. Background checks reveal unsealed records, hurting jobs. Criminal record sealing helps more than expunction, but for criminal justice agencies, it’s still there. Identity theft cases have paths, but violent crime limits options.
Even Class C successes need proper court action, or the criminal record lingers.
Taking the Next Step
If you’re asking am I eligible for expungement or nondisclosure, or what felonies can be expunged in Texas, don’t guess. Our Texas criminal defense lawyers at Saputo Toufexis can review your criminal record and guide the process.
Reach out today for a free consultation. We’ll help clear your path under Texas law.
Saputo Toufexis Criminal Defense PLLC fights for cleaner futures. Let us assist with your criminal history. Visit https://saputo.law or call 888-239-9305.
