Informational, not legal advice. Statute citations and eligibility windows reflect research as of the “last verified” date on this page. Always confirm with a licensed attorney in your state of conviction before acting.
Texas expungement eligibility.
Texas requires you to file a petition with the court of conviction to seal your record. The eligibility, fee, and form details are below.
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Eligibility quiz
Answer 4 short questions and we'll tell you whether your Texas record qualifies — and under which statute.
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Form checklist
Printable PDF: every form, fee, and document you need to file in Texas.
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Wait periods by offense category
Years required between completion of all sentence requirements and the earliest date relief is available.
| Offense category | Wait period | Eligible after |
|---|---|---|
| Misdemeanor | 2 yr | Year 2 after sentence completion |
| Non-violent felony | 5 yr | Year 5 after sentence completion |
| Violent felony | Excluded | — |
| Sex offense | Excluded | — |
| DUI | 5 yr | Year 5 after sentence completion |
| Drug offense | 5 yr | Year 5 after sentence completion |
Wait periods are counted from the latest of: release from custody, end of probation/parole, or final restitution payment. Statute citation applies. Confirm with a licensed attorney before relying.
Compute your earliest eligible date
Enter your sentence-completion date and offense category to compute the earliest petition date.
Wait-period calculator
Tex. Gov't Code § 411.072Enter the date all sentence requirements were fully completed (release date, end of probation, or final restitution payment — whichever is latest). We'll compute the earliest date you can file.
Earliest eligible date: May 4, 2028
About 24 months remaining (wait period: 5 years).
How to file in Texas
- Pull a certified copy of your record from Texas's criminal history repository.
- Confirm restitution and fines are fully paid. Outstanding obligations block almost every petition.
- Confirm probation/parole discharge. Get a final discharge letter or a current letter from your supervising officer.
- Verify the wait period for your offense (table above) is satisfied.
- File the petition at the District Court in the county of arrest/charge for expunction (CCP Ch. 55); nondisclosure filed in the court that handled the underlying case. Filing fee: $280.
- Serve the prosecutor with notice of the petition. Most states require this before a judge will rule.
- Attend the hearing if the court schedules one. Many uncontested petitions are decided on the papers.
Recent amendments
Major statutory changes affecting record relief in Texas.
- 2017
SB 1488 / HB 3016 (Order of Nondisclosure expansion)
Created automatic nondisclosure under Gov't Code §411.072 for certain first-time misdemeanants who completed deferred adjudication.
Primary source: guides.sll.texas.gov ↗
Texas-specific carve-outs
Categories the law treats differently in this state.
DWI exclusion (limited)
Most DWI convictions historically excluded; HB 3016 added a narrow nondisclosure path for certain first-offense DWI under Gov't Code §411.0731 with a 2- or 5-year waiting period.
Source: guides.sll.texas.gov ↗
Common mistakes to avoid
Reasons Texas petitions get bounced or sealings fail to land.
- Naming all agencies that may hold the record on the petition is required — missed agencies will keep the record.
- Statute-of-limitations waiting periods on dismissed charges are commonly miscounted, leading to early petitions being denied.
Excluded categories
These categories are typically excluded from petition relief in Texas based on our research. An attorney may still see options.
Sex offenses
Excluded from automatic and petition relief in nearly every state. A few narrow carve-outs exist for older non-registerable offenses.
See state-by-state pagesViolent felonies
Generally excluded from automatic Clean Slate sealing; some states allow petition relief after long wait periods.
DUI / DWI
Treatment varies widely. Some states (e.g. Michigan, Virginia) carve out DUIs entirely; others treat them as standard misdemeanors.
Pending cases or unpaid restitution
Most states require all sentence requirements — including restitution to victims — to be fully discharged before the clock starts.
Federal convictions
Federal expungement is functionally non-existent. There is no statutory federal expungement remedy for most offenses.
Related reading
When the eligibility clock starts
Why the wait period in Texas runs from the latest of release, end of supervision, or restitution paid.
What most states leave out
Categories of offenses excluded from automatic sealing and petition relief.
Unpaid restitution as a silent block
How an open balance on the criminal docket blocks an otherwise eligible record.
Sealing and professional licensing
Why FBI-fingerprint background checks see records that consumer reports don't.
Texas form checklist
What to assemble before you file. The petition gets bounced for missing items more than any other reason — work through this list end-to-end.
- Certified copy of your record from the state repository ($15–$30).
- Final probation/parole discharge letter or current supervisor letter.
- Restitution-paid confirmation from the court ledger or DA.
- The petition form (state-specific — see court website).
- Proposed order for the judge to sign.
- Fee waiver application if income qualifies.
- Notice to the District Attorney with proof of service.
- Filing fee: $280.
Find an expungement attorney in Texas
Tell us your state and offense category and we'll match you with a vetted expungement attorney through our partner network. Most local firms offer free 15-minute consultations.
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