Can I expunge my own record in Texas?

Asked by: Alford Farrell  |  Last update: March 14, 2025
Score: 4.6/5 (62 votes)

You can initiate the process of seeking an expunction of your record by filing a petition with the court that originally handled your case or charge. Once you have filed the petition, the clerk will notify all of the interested parties and schedule a hearing on the petition.

How do I expunge my record in Texas myself?

Applying and Obtaining an Expunction

The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.

Can I file an expungement myself?

Yes. You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging.

Do you need a lawyer for expungement in Texas?

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

What offenses Cannot be expunged in Texas?

WHAT CASES CANNOT BE EXPUNGED IN TEXAS?
  • Murder.
  • Manslaughter.
  • Sexual Assault of a Child.
  • Aggravated Sexual Assault of a Child.
  • Continuous Sexual Abuse of Young Child or Disabled Individual.
  • Indecency with a Child.
  • An offense involving leaving the scene of a collision if resulting in the death of a person.

Do I need a lawyer to file my expungement in Texas?

32 related questions found

Does a criminal record clear after 7 years in Texas?

There is a common myth that criminal charges are automatically removed after 7 years, however, this is simply not true.

How much does it cost to get your record expunged in Texas?

In addition to filing and court fees, you should also expect to pay your attorney's fee. The average lawyer's fee for expungement cases in Texas is $1500, but some attorneys charge $3000 or more. We charge a flat fee that begins at $950 for expunction.

Will my expunged record show up on a background check in Texas?

Answer: The information is not supposed to appear on a background check; however it still may by mistake. If it does, TREC will ask you to provide a copy of the Order of Expungment or Non-disclosure and upon receipt will not consider that offense in determining a person's fitness for licensure.

How long does expungement take in Texas?

How Long Does the Expungement Process Take? The process for expunction will usually take a few months from start to finish. To begin the process for expunction of records, one must first file a petition in district court. A hearing will be set no sooner than 30 days after the petition is filed.

What is the difference between sealed and expunged in Texas?

If you wish to erase your record entirely, you must enter an order of expunction. Each process has its own procedures and eligibility rules. Sealing your criminal record means that only certain entities will be able to see your record.

What to say to a judge for expungement?

I fully take responsibility for my past mistakes and deeply regret the impact they caused on others and my life. This conviction does not reflect the person I am today, and I humbly ask the court to consider my petition for expungement based on my personal growth and the changes I have made since my conviction.

Does your criminal record clear after 7 years?

Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.

Can law enforcement see expunged records in Texas?

And, with nondisclosure, law enforcement agencies and all Texas professional licensing agencies will still see the records. Expungement, on the other hand, gets rid of your criminal record entirely. It is no longer there for anyone to find, even with a court order.

What are the benefits of expungement in Texas?

By expunging your record, you can truthfully state that you have not been arrested or convicted, thus improving your chances of obtaining employment. An expunction can also have a profound impact on your housing options.

How to expunge your record in Texas for free?

Get Help Clearing Your Record

The Texas Fair Defense Projects provides free assistance to people who qualify for expunctions or nondisclosure orders. Applicants are required to submit a DPS Criminal History Report along with their application to determine eligibility.

Can the FBI see expunged records?

Will expunged records show up on an FBI background check? It is possible. Although records that undergo expungement should not appear in most systems, the federal government's background check processes work differently.

How far back does a background check go in Texas?

The standard for employment-related background checks in Texas is seven years, except for criminal convictions, which may be reported indefinitely. The seven-year limit applies to tax liens, suits or judgments, and most credit history. Records of bankruptcies may go back as far as 10 years.

What crimes Cannot be expunged in Texas?

With limited exceptions, a person cannot get a criminal record expunged if they were convicted of a felony, one of the many consequences of a felony conviction. Most offenses that involve children, sexual assault, and violent acts such as criminal assault, are not eligible for record sealing in Texas.

How many records can you get expunged?

As a general rule, you can have two convictions expunged (one felony and one misdemeanor or two misdemeanors). Minor misdemeanors don't count when counting your convictions (charges that didn't carry any jail time). There are some limited situations where you can have more than two convictions expunged.

Can you expunge your driving record in Texas?

Even if you were convicted, you have the right to have your record expunged when you turn 17 if you were only convicted of one fine-only offense. An expunction is not automatic. To obtain an expunction, you'll need to file a petition with the court.

What is the Texas 7 year rule?

Summary. Texas' Business and Commerce Code Section 20.05 limits consumer reporting agencies (background screening companies) from reporting criminal convictions older than seven years to employers.

How do I clear my criminal record in Texas?

There are two ways to remove criminal records in Texas.
  1. Expunction: Complete removal of your criminal past from public records, including those of the police and prosecution.
  2. Non-Disclosure: A blackout of information on all your offenses from the public record beyond the accessibility of any individual.

Will a felony show up on a background check after 10 years?

Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.

Do I need a lawyer for expungement in Texas?

Do you need a lawyer to expunge your record? Nope. Most people can file and successfully process their own Texas expungement without an attorney.

What agencies can see expunged records?

Who Can See My Criminal Record after It Is Expunged?
  • Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
  • Human service agencies (social work positions, probation officer positions, counselors)
  • Department of Education (working in a public school)