Texas expunction and nondisclosure: how Chapter 55A and §411 actually work after HB 4504

Texas has long used a two-track framework for criminal record relief that is unique among major states. The first track is expunction (note: Texas uses "expunction" rather than "expungement"), the more powerful remedy that destroys the criminal record entirely, allowing the individual to legally deny the arrest ever occurred in most contexts. The second track is nondisclosure (sealing), which hides records from public view but preserves them for law enforcement and certain licensing entities. The procedural and substantive frameworks for each track are distinct, and most cases qualify for one but not both.

The framework was overhauled in 2024 with House Bill 4504, which became effective January 1, 2025. HB 4504 repealed Chapter 55 of the Texas Code of Criminal Procedure (which had governed expunctions since the 1970s) and replaced it with a new Chapter 55A that modernized the eligibility framework, introduced automatic expunctions for certain dismissed cases and acquittals, and shortened waiting periods. The accompanying C.S.S.B. 1667, effective September 1, 2025, streamlined the administrative handling of expunction orders. These reforms make Texas's expunction framework substantially more accessible than the prior framework.

The nondisclosure framework under Texas Government Code Chapter 411, Subchapter E-1 operates separately from expunction and provides relief for cases that don't qualify for full destruction. The nondisclosure framework was substantially expanded in 2017 with HB 3016 (extending nondisclosure to certain DWI cases) and has been refined through subsequent amendments. Together, the expunction and nondisclosure frameworks cover the majority of Texas criminal record relief scenarios.

This is how each framework actually works under the post-HB 4504 structure, who qualifies, what's excluded, and the procedural path for individuals navigating either track in 2026.

Expunction under Chapter 55A

Expunction is the more powerful remedy. When granted, the underlying records are physically destroyed from court files, law enforcement databases, the Texas Department of Public Safety (DPS) Criminal History Record System, and reporting agencies' records. The individual can legally deny the arrest occurred in most contexts including employment applications, housing applications, and educational applications (limited exceptions for sworn court testimony).

Cases eligible for expunction under Chapter 55A:

Acquittals. Cases that resulted in a verdict of not guilty after trial. Under HB 4504, acquittals are eligible for automatic expunction in many circumstances without requiring the individual to file a petition.

Dismissed cases. Cases dismissed by the prosecutor or the court before final disposition. The eligibility depends on the reason for dismissal, the elapsed time, and several procedural factors.

No-bill cases. Cases where the grand jury declined to indict. These cases are typically eligible for expunction after a brief waiting period.

Completed deferred adjudication for Class C misdemeanors. Class C misdemeanors (the lowest tier of misdemeanor offenses, generally fine-only) where deferred adjudication was successfully completed are eligible for expunction.

Pardoned offenses. Cases where the Texas governor or the U.S. President has issued a pardon are generally eligible for expunction.

Acquittal on appeal. Cases reversed on appeal with an order of acquittal are eligible for expunction.

Wrongful conviction cases. Convictions later determined to be wrongful are eligible for expunction, often through specific procedural frameworks for innocence cases.

Cases NOT eligible for expunction under Chapter 55A:

Most conviction cases. Felony or misdemeanor convictions (other than Class C completed deferred adjudication) generally cannot be expunged. The conviction remains on the record unless covered by nondisclosure or other remedies.

Deferred adjudication for non-Class-C offenses. Successful completion of deferred adjudication for Class A or B misdemeanors or for felonies typically results in dismissal that doesn't qualify for expunction; these cases fall under the nondisclosure framework instead.

Cases involving certain serious offenses. Capital murder, sexual assault, aggravated kidnapping, human trafficking, and similar serious offenses remain ineligible regardless of disposition.

What HB 4504 changed

The repeal of Chapter 55 and replacement with Chapter 55A made several substantive changes:

Automatic expunction for certain cases. Under the new framework, acquittals and certain dismissed cases are eligible for automatic expunction without requiring the individual to file a petition. The court system processes these expunctions automatically when the disposition meets the statutory criteria. This is a substantial departure from the prior framework where every expunction required a petition.

Reduced waiting periods. The post-HB 4504 framework shortened waiting periods for many categories. The specific periods depend on the offense classification and the type of disposition.

Expanded eligibility for misdemeanors. More misdemeanor categories qualify for expunction under Chapter 55A than qualified under Chapter 55, particularly for non-violent dispositions and cases involving rehabilitation.

Streamlined procedure. The procedural framework was simplified to reduce technical barriers that had prevented eligible individuals from successfully pursuing expunction. Required filings, hearings, and notice requirements were modernized.

Digital processing. C.S.S.B. 1667 (effective September 1, 2025) introduced digital processing for expunction orders, reducing the time from court order to actual record destruction.

Nondisclosure under Chapter 411 Subchapter E-1

For cases that don't qualify for full expunction, nondisclosure under Texas Government Code Chapter 411, Subchapter E-1 provides the alternative relief. Nondisclosure seals the record from public view but doesn't destroy it. Sealed records remain accessible to law enforcement, prosecutors, courts, and certain licensing entities.

The nondisclosure framework has multiple specific sections for different circumstances:

Section 411.072: Nonviolent misdemeanors after deferred adjudication. Applies to deferred adjudication cases dismissed after September 1, 2017 where the offense wasn't a registrable sex offense, family violence offense, or similar disqualifying category. The individual must meet the basic eligibility requirements of §411.074.

Section 411.0725: Felonies and misdemeanors after deferred adjudication. Broader provision covering felony deferred adjudication and certain pre-September 2017 misdemeanor deferred adjudication cases.

Section 411.0726: DWI deferred adjudication. Specific provision for DWI cases where deferred adjudication was completed.

Section 411.0727: Veterans Treatment Court. Special provision for individuals who completed Veterans Treatment Court programs.

Section 411.0728: Trafficking victims. Special provision for individuals convicted of certain offenses (typically prostitution) committed as victims of human trafficking.

Section 411.0729: Veterans reemployment program. Special provision for veterans who completed reemployment programs.

Section 411.073: Misdemeanor convictions where probation completed. This section covers cases where the individual was actually convicted of a misdemeanor (not deferred adjudication) and successfully completed probation. The conviction itself is sealed.

Section 411.0731: DWI convictions where probation completed. Specific provision for DWI conviction cases where probation was completed. Created by HB 3016 in 2017.

Section 411.0735: Misdemeanor convictions where probation was not assigned. For misdemeanor convictions where the sentence didn't include probation (typically fine-only cases or shorter jail terms).

Section 411.0736: DWI convictions where probation was not assigned. Counterpart to §411.0731 for DWI cases where probation wasn't assigned.

The procedural framework for nondisclosure requires the individual to file a petition with the sentencing court, meet the eligibility requirements of §411.074 (the basic eligibility provisions), and demonstrate that nondisclosure serves the interests of justice. The prosecutor has the opportunity to oppose, and the court holds a hearing if there's disagreement.

§411.074: the basic eligibility requirements

Before any specific nondisclosure section applies, the individual must meet the basic eligibility requirements of §411.074:

The individual must not have any convictions or pending charges for certain disqualifying offenses, including:

Registrable sex offenses

Aggravated kidnapping

Murder, capital murder

Trafficking of persons or continuous trafficking of persons

Injury to a child or abandoning or endangering a child

Violation of certain court orders or conditions of bond in family violence, sexual assault or abuse, stalking, or trafficking cases

Repeated violation of certain court orders or conditions of bond

Stalking

Any offense involving family violence

The §411.074 requirements apply across all nondisclosure categories. Even if an individual's specific offense is otherwise eligible under one of the §411.072-§411.0736 sections, the §411.074 disqualifications must be checked first. The disqualifying convictions can include convictions from before the current case or from any jurisdiction.

The family violence exclusion is particularly broad. A judge considering a nondisclosure petition has the authority under §411.074 to deny the petition based on a finding that the offense involved family violence, even if there was no such finding at the time of the original disposition. This creates retroactive disqualification risk for cases that didn't explicitly include family violence findings but had family violence elements in the facts.

Waiting periods

The waiting periods for nondisclosure vary by section:

Deferred adjudication misdemeanor cases (§411.072): No waiting period for most non-violent offenses. The individual can typically file immediately after successful completion of deferred adjudication. For specified offenses, a 2-year waiting period applies.

Deferred adjudication felony cases (§411.0725): 5-year waiting period after successful completion of deferred adjudication.

DWI deferred adjudication (§411.0726): 2-year waiting period plus required interlock device usage.

Misdemeanor conviction cases with probation (§411.073): Waiting periods of 1-2 years depending on the offense level.

DWI conviction cases (§411.0731): Generally 2-3 years from completion of community supervision, with additional requirements for interlock device usage.

The waiting periods reflect the legislature's judgment about how much time should elapse between disposition and record sealing for different offense categories. The shorter waiting periods for deferred adjudication cases (compared to conviction cases) reflect the deferred adjudication framework's purpose of providing rehabilitation opportunities.

The procedural sequence

For individuals pursuing nondisclosure (the most common track for record relief in Texas):

Confirm eligibility. Review the specific case disposition, the offense category, the elapsed time, and the §411.074 disqualifying conviction list. Identify which specific nondisclosure section applies.

Obtain the criminal history record. Texas DPS provides criminal history reports for approximately $15. The report shows the individual's complete Texas criminal history and is needed to verify eligibility and identify potential §411.074 disqualifications.

Prepare the petition. Texas provides sample petition forms through the Office of Court Administration and various legal aid resources. The petition is filed in the court that handled the original case.

Serve the prosecuting attorney. The petition must be served on the District Attorney or County Attorney with jurisdiction over the original case. The prosecutor has 30 days to respond.

Court hearing (if required). Some courts issue nondisclosure orders without hearings if the prosecutor doesn't oppose. Other courts require hearings even on uncontested petitions. The hearing allows the petitioner to present evidence supporting nondisclosure and the prosecutor to present opposing evidence.

Court order. If granted, the court issues an order for nondisclosure. The order is transmitted to the Texas Department of Public Safety, which has 10 business days to update the DPS criminal history database.

DPS notification of other agencies. Under §411.075(b), DPS notifies all required federal agencies and the case is removed from public-facing criminal history reports.

Verification. The individual can request an updated criminal history report from DPS to verify the nondisclosure has been properly recorded.

The Foundation for Continuing Justice provides a free service to send copies of nondisclosure orders to private background check companies that may have records on file.

How Texas compares to other state frameworks

Texas's framework is procedurally distinct from comparable state systems:

Compared to Michigan's Clean Slate (Public Act 193 of 2020 with automatic set-aside): Michigan provides broader automatic relief than Texas, with up to four misdemeanors and two felonies set aside automatically after 7-year/10-year waiting periods. Texas's automatic expunction under HB 4504 covers fewer categories but Texas's nondisclosure framework covers a wider range of conviction cases through petition-based procedure.

Compared to Pennsylvania's Clean Slate: Pennsylvania has the most aggressive automatic sealing framework with shorter waiting periods (5/7/10 years). Texas's framework relies more on petition-based nondisclosure than on automatic relief.

Compared to New York's Clean Slate Act (CPL §160.57, effective November 16, 2024): New York provides automatic sealing for most felony and misdemeanor convictions after 3/8 year waiting periods. Texas's framework is more selective about which conviction cases qualify but provides true expunction (destruction) rather than just sealing for cases that qualify.

Compared to Florida's framework (FDLE Certificate of Eligibility): Florida has the most complex procedural framework, requiring FDLE certification before court petition. Texas's framework is simpler procedurally with the petition filed directly in the court that handled the case.

Compared to California's framework (1203.4 dismissal): California's framework focuses on dismissal rather than expunction/destruction, with somewhat different substantive effects. Texas's expunction framework, when it applies, provides more complete relief than California's dismissal.

The broader national trend toward automatic record relief is detailed in our state-by-state expungement framework overview. Texas's HB 4504 reforms represent meaningful modernization but the Texas framework remains relatively conservative compared to the most aggressive state programs.

Strategic considerations for individuals

For Texas residents with criminal records:

Check your current criminal history. Request a copy of your Texas criminal history through DPS (approximately $15). The report shows current status and identifies any errors. For more comprehensive records, fingerprint-based checks provide additional detail.

Identify the right track. Expunction (destruction) is preferable when available, but most conviction cases qualify only for nondisclosure (sealing). Identify which track applies to your specific disposition.

Check §411.074 disqualifications carefully. The basic eligibility requirements can disqualify otherwise eligible cases. Past convictions for family violence, sex offenses, or similar categories can prevent nondisclosure even if the specific case being considered is otherwise eligible.

Use the right petition form. Texas provides standardized forms for both expunction and nondisclosure. Using the wrong form or the wrong section of the form delays processing or results in denial. The petition specifically identifies which §411 section applies.

Allow time for processing. From filing to DPS update typically takes 3-6 months, sometimes longer depending on the court and the prosecutor's response. Plan accordingly if specific deadlines (employment applications, professional licensing, etc.) are involved.

Consider attorney representation for contested cases. Uncontested nondisclosure petitions are procedurally manageable for self-representation. Contested petitions (where the prosecutor opposes) typically benefit from counsel. Texas expunction and nondisclosure attorneys typically charge $750 to $3,000 depending on case complexity.

Verify completion. After expected processing time, request an updated criminal history report to verify the expunction or nondisclosure has been properly recorded. Errors can occur and should be corrected.

Don't assume federal effects. Texas expunction/nondisclosure provides state-level relief. Federal background checks, federal firearms rights, federal immigration consequences, and federal employment effects may continue based on the underlying record regardless of state-level action.

For employers and licensing entities in Texas, the expunction and nondisclosure frameworks create compliance obligations regarding what can be inquired about and what action can be taken based on covered records. Employers cannot inquire about expunged records in most contexts and cannot take adverse action based on sealed records for most positions. Licensing entities with statutory access to sealed records have specific procedures for evaluating those records.

The Texas framework represents a balance between record relief and continued public access to criminal history information. The post-HB 4504 framework is more consumer-friendly than the prior framework but remains more conservative than the most aggressive state programs. For individuals navigating the system in 2026, the procedural framework provides real paths to relief through both automatic expunction (for qualifying acquittals and dismissed cases) and petition-based nondisclosure (for most conviction cases). The work is in identifying the correct track, meeting the procedural requirements, and following through on the steps that each framework specifies for the relief available.