Texas Expunction & Nondisclosure Law Update 2026: Can You Clear Your Criminal Record?
Texas made significant changes to its expunction and order of nondisclosure laws in recent legislative sessions. If you have an old arrest or conviction on your record, you may now qualify for relief you did not qualify for before.
What Is the Difference Between Expunction and Nondisclosure?
An expunction (also called “expungement”) destroys the record of your arrest or charge. After expunction, you can legally deny the arrest occurred. A nondisclosure order seals the record so it does not appear on background checks — but it remains visible to law enforcement and some licensing agencies. Expunction is more powerful; nondisclosure is available to more people.
Who Qualifies for Expunction in Texas in 2026?
You may qualify for expunction if: (1) your case was dismissed or you were acquitted, (2) you were arrested but never charged and the statute of limitations expired, (3) you successfully completed deferred adjudication for a Class C misdemeanor, or (4) you received a pardon from the governor. Notably, most felonies and Class A/B misdemeanors where you were convicted do NOT qualify for expunction.
New Waiting Periods for Nondisclosure
Recent legislative changes have shortened waiting periods for first-time, nonviolent offenders who received deferred adjudication. For many misdemeanors, the wait is now 2 years after discharge from supervision (or immediate in some cases). For eligible felonies, the waiting period is 5 years. If you completed probation years ago, your waiting period may already have passed.
What Offenses Are Never Eligible for Sealing?
Certain offenses can never be sealed under Texas law, including: murder, family violence, sexual offenses requiring sex offender registration, stalking, trafficking, and most offenses against children. DWI convictions are also generally not eligible for nondisclosure — though there is a narrow exception for first-time DWI offenders who received deferred adjudication.
What This Means For You
A clean record can mean the difference between getting a job, housing, or a professional license — and being turned away. If you have an old arrest or case on your record, don’t assume you’re ineligible. Attorney Sara Roque offers free consultations to evaluate whether you qualify for expunction or nondisclosure under the latest Texas law.