Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to an arrest that led to a conviction can be expunged upon acquittal by a court of appeals. Tex. Code Crim. Proc. Ann. § 55.01(b)(1).	Records relating to an arrest can be expunged upon a pardon. Tex. Code Crim. Proc. Ann. § 55.01(a)(1)(B)(i).	Records of a driving while intoxicated offense may be shielded by an order of nondisclosure two years after the successful completion of community supervision if the person was required to use an ignition interlock device for at least six months. Tex. Gov't Code § 411.0731.	Records of a driving while intoxicated offense may be shielded by an order of nondisclosure two years after the successful completion of community supervision if the person was required to use an ignition interlock device for at least six months. Tex. Gov't Code § 411.0731.	Records of an offense of driving while intoxicated can be shielded by an order of nondisclosure three years after sentence completion if the person was required to use an ignition interlock device for at least six months. Tex. Gov't Code § 411.0736.	Records of a driving while intoxicated offense may be shielded by an order of nondisclosure five years after sentence completion if the person was not required to use an ignition interlock device for at least six months. Tex. Gov't Code § 411.0736(f)(2).	Records of a first misdemeanor punishable by a fine only may be shielded by an order of nondisclosure upon sentence completion. Tex. Gov't Code § 411.0735(d)(1).	Records of certain first misdemeanors can be shielded by an order of nondisclosure two years after sentence completion. Tex. Gov't Code § 411.0735(d)(2).	Records of certain nonviolent misdemeanors can be shielded by an order of nondisclosure upon dismissal following the successful completion of deferred adjudication community supervision, so long as the person has no other convictions and more than 180 days have passed since placement on supervision. Tex. Gov't Code § 411.072.	Records related to certain misdemeanors can be shielded by an order of nondisclosure upon dismissal following the successful completion of deferred adjudication community supervision. Tex. Gov't Code § 411.0725(e)(1).	Records of certain misdemeanors can be shielded by an order of nondisclosure two years after the dismissal following the successful completion of deferred adjudication community supervision. Tex. Gov't Code § 411.0725(e)(2).	Records of certain felonies can be shielded by an order of nondisclosure five years after dismissal following the successful completion of deferred adjudication community supervision. Tex. Gov't Code § 411.0725(e)(3).	Records relating to a case dismissed or quashed following successful completion of a pretrial intervention program can be expunged by the court immediately. Tex. Code Crim. Proc. Art. 55.01(a)(2)(A)(ii).	Records relating to a case dismissed or quashed following successful completion of a veterans treatment court program can be expunged by the court immediately. Tex. Code Crim. Proc. Art. 55.01(a)(2)(A)(ii)(a).	Records relating to a driving or boating while intoxicated case dismissed following successful completion of deferred adjudication community supervision can be shielded by an order of nondisclosure two years after dismissal and discharge. Tex. Gov't Code § 411.0726.	Records relating to a case dismissed following successful completion of deferred adjudication community supervision can be shielded by an order of nondisclosure one year after dismissal and discharge if the person committed the offense solely as a victim of human trafficking. Tex. Gov't Code § 411.0728.	Upon successful completion of the veteran's reemployment program, including deferred adjudication community supervision, all records of the offense for which the veteran was placed on community supervision can be shielded by an order of nondisclosure. Tex. Gov't Code § 411.0729.	Records relating to an arrest can be expunged upon a pardon for actual innocence. Tex. Code Crim. Proc. Ann. § 55.01(a)(1)(B)(ii).	Records of arrest containing the name of an identity theft victim as the perpetrator of a crime can be expunged of the victim's identifying information. Tex. Code Crim. Proc. Ann. § 55.01(d).	A record relating to the conduct for which charges were not filed because of a determination that no probable cause existed will be destroyed automatically following the decision by the law enforcement agency or the prosecutor to not proceed with further action against the child. Tex. Fam. Code Ann. § 58.263.
Ineligible Category or Citation	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	See Tex. Gov't Code § 411.0731.	See Tex. Gov't Code § 411.0731.	Tex. Gov't Code § 411.0736.	See Tex. Gov't Code § 411.0745.	Tex. Gov't Code § 411.0735.	Tex. Gov't Code § 411.0735.	See Tex. Gov't Code § 411.072.	See Tex. Gov't Code § 411.074.	See Tex. Gov't Code § 411.074.	There is no statutory language regarding ineligible offenses.	Tex. Code Crim. Proc. Art. 55.01(a-1), (a-2).	Tex. Code Crim. Proc. Art. 55.01(a)(2)(A)(ii)(a).	Tex. Gov't Code § 411.0726(e).	This section only applies to offenses listed in Tex. Gov't Code § 411.0728(a).	No statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.
Clearance Process	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	By petition or court's own motion	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic
Waiting Periods	The petition can be filed at immediately upon acquittal.	The petition can be filed at immediately upon receipt of a pardon.	The petition can be filed two years after the completion of community supervision.	The petition can be filed five years after the completion of community supervision.	The petition can be filed three years after sentence completion.	The petition may be filed five years after sentence completion.	The petition may be filed upon sentence completion.	The petition may be filed two years after sentence completion.	The court can issue the order of nondisclosure of criminal history record information at the time the court discharges and dismisses the proceedings against the person, if the discharge and dismissal occurs on or after the 180th day after the date the court placed the person on deferred adjudication community supervision; or as soon as practicable on or after the 180th day after the date the court placed the person on deferred adjudication community supervision, if the discharge and dismissal occurred before that date. Tex. Gov't Code § 411.072(b).	The petition can be filed upon dismissal.	The petition can be filed two years after dismissal.	The petition can be filed five years after dismissal.	There is no statutory language regarding a waiting period.	There is no statutory language regarding a waiting period.	The petition can be filed two years after dismissal and discharge.	The petition can be filed one year after dismissal and discharge.	There is no statutory language regarding a waiting period.	The petition can be filed immediately upon receipt of the pardon.	The petition can be filed at any time.	The record should be destroyed immediately upon the decision not to proceed with further action against the child.
Fees	There is a mandatory fee waiver. Tex. Code Crim. Proc. Ann. § 102.006(b).	Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006.	Various fees may apply. Tex. Gov't Code § 411.0745.	Various fees may apply. Tex. Gov't Code § 411.0745.	The fees amount to at least $207, and typically about $250 in the district court, plus $28 fee for a petition for non-disclosure. See Tex. Gov't Code § 411.0745.4	Various fees may apply. Tex. Gov't Code § 411.0745.	Various fees may apply, see Tex. Gov't Code § 411.0745.	Various fees may apply, see Tex. Gov't Code § 411.0745.	Various fees may apply, see Tex. Gov't Code § 411.0745.	The fees amount to at least $207 and typically about $250 in the district court, plus $28 fee for the petition for nondisclosure. See Tex. Gov't Code § 411.0745.	Various fees may apply, see Tex. Gov't Code § 411.0745.	Various fees may apply, see Tex. Gov't Code § 411.0745.	At least $207 and typically about $250 in district court, plus $28 fee for petition for non-disclosure. See Tex. Gov't Code § 411.0745.	No fee may be charged. Tex. Code Crim. Proc. Art. 55.02 sec. 1a(a-1).	Various fees may apply, see Tex. Gov't Code § 411.0745.	Various fees may apply, see Tex. Gov't Code § 411.0745.	Various fees may apply. See Tex. Gov't Code § 411.0745.	Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006.	Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006.	There is no statutory language regarding fees.
Effect	The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03.	The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03.	The person is not required in any application for employment or licensing to state that they have been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that they have been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that they have been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that the person has been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that the person has been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that the person has been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that they have been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that they have been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that they have been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that the person has been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person may deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Art. 55.03.	The person is not required in any application for employment or licensing to state that the person has been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that the person has been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person is not required in any application for employment or licensing to state that they have been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.	The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03.	The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03.	There is no statutory language regarding the effect of destruction.
Remedy	Expunge	Expunge	Shield	Shield	Shield	Shield	Shield	Shield	Shield	Shield	Shield	Shield	Expunge	Expunge	Shield	Shield	Shield	Expunge	Expunge	Delete

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.