Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	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.	A record relating to a person whose most serious adjudication was a misdemeanor can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(2)(A).	A record relating to charges that were not adjudicated can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(2)(B).	A record relating to a person whose most serious adjudication was a felony can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(3).	Records relating to an arrest can be expunged immediately after an acquittal. Tex. Code Crim. Proc. Art. 55.01(a)(1)(A).	Records relating to an arrest for a Class C misdemeanor can be expunged if no charge is filed within 180 days of arrest or within the limitations period, or upon the prosecutor's certification that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a).	Records relating to an arrest for a Class A or B misdemeanor can be expunged if no charge is filed within one year of arrest or within the limitations period, or upon the prosecutor's certification that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(b).	Records relating to an arrest for a felony can be expunged if no charge is filed within three years of the arrest or within the limitations period. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(c).	Records relating to an arrest for a felony can be expunged if no charge is filed and the prosecutor certifies that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(d).	Records relating to an arrest, investigation, and detention can be expunged by the court upon acquittal, dismissal, expiration of the limitations period, or prosecutorial decision not to file charges, so long as 30 days have passed since the arrest among other conditions. Utah Code Ann. § 77-40a-302.	Records relating to certain driving-related misdemeanors and controlled substance felonies can be expunged by the court 10 years after sentence completion. Utah Code Ann. § 77-40-105(4)(c)(i).	Records relating to a Class A misdemeanor or felony drug possession offense can be expunged by the court five years after sentence completion. Utah Code Ann. § 77-40-105(3)(c)(iii).
Ineligible Category or Citation	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.	There is 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.	Arrests for violating probation or absconding from bail are ineligible for expungement. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a).	An arrest for violating probation or absconding from bail cannot be expunged. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a).	An arrest for violating probation or absconding from bail is ineligible for expungement. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a).	An arrest for violating probation or absconding from bail is ineligible for expungement. Tex. Code Crim. Proc. Ann. § 55.01.	See Utah Code Ann. §77-40a-302(2) for ineligibility.	See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2).	See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2).
Clearance Process	Petition-based	Petition-based	By petition or court's own motion	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based
Waiting Periods	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.	The application can be made if the person is at least 21.	The application can be made if the person is at least 21.	The application can be made if the person is at least 31 years of age.	The petition can be filed immediately upon acquittal.	The petition can be filed 180 days after arrest.	The petition can be filed one year after the arrest.	The petition can be filed three years after the arrest.	The petition can be filed at any time upon the prosecutor's certification.	The person may apply for a certificate of eligibility for expungement 30 days after the arrest. The Bureau of Criminal Identification shall issue a certificate of eligibility on an expedited basis to a person who is acquitted on all charges.	The petition can be filed 10 years after the conviction or release from incarceration, parole, or probation, whichever occurred last.	The petition can be filed five years after conviction or release from incarceration, parole, or probation, whichever occurred last.
Fees	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.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	Various fees may apply, see Tex. Code Crim. Proc. Art. 102.006.	Various fees may apply, see Tex. Code Crim. Proc. Ann. §§ 102.006, 103.02101.	Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006.	Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006.	Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006.	The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304.	There is no statutory language regarding fees.	The fee for filing a petition for expungement is $135. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form.
Effect	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.	For information about which records can be destroyed if the record contains information about more than one person referred to a juvenile probation department, see Tex. Fam. Code Ann. § 58.263(c). For further information about the effect of destruction, see Tex. Fam. Code Ann. §§ 58.263(d)-(h).	For information about which records can be destroyed if the record contains information about more than one person referred to a juvenile probation department, see Tex. Fam. Code Ann. § 58.263(c). For further information about the effect of destruction, see Tex. Fam. Code Ann. §§ 58.263(d)-(h).	For information about which records can be destroyed if the record contains information about more than one person referred to a juvenile probation department, see Tex. Fam. Code Ann. § 58.263(c). For further information about the effect of destruction, see Tex. Fam. Code Ann. §§ 58.263(d)-(h).	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. Art. 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 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 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 respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401(2).	The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401.	The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108.
Remedy	Shield	Expunge	Expunge	Shield	Shield	Shield	Expunge	Expunge	Delete	Delete	Delete	Delete	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge

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.