Probation and your record
Dallas expunction and record sealing lawyer.
An arrest can show up on background checks for years, even when the case was dismissed. Texas offers two ways out: an expunction, which destroys the records, and an order of nondisclosure, which seals them from most employers and landlords. Which one you qualify for depends on how the case ended and how long ago. In a free consultation we review your record, tell you what is possible, and then handle the petition from filing to the final order.
Right now
If you want to clear your record.
- 01
Get your full criminal history
Request your Texas DPS criminal history and pull the court records for every case. Background checks often show arrests people forgot about or never knew were filed.
- 02
Find out exactly how each case ended
Dismissed, no-billed by a grand jury, acquitted, deferred adjudication, Class C deferred disposition, probation or conviction. Each one leads to a different path.
- 03
Check the waiting period
Some cases can be cleared right away. Others need a waiting period after the arrest or after you finish supervision, and a new offense during that time can disqualify you.
- 04
If you are not a citizen, get certified copies first
An expunction destroys the records, but immigration officers may still ask for them. Get certified copies of the court file before anything is filed.
- 05
Do not pay a website that promises to erase it
Private 'record removal' sites cannot seal or destroy government records. Only a court order can.
Key deadlines and numbers
- Where expunction law lives now
- Code of Criminal Procedure chapter 55A, since January 1, 2025Source: Tex. Code Crim. Proc. ch. 55A
- Arrest with no charge filed
- Wait 180 days (Class C), 1 year (Class B or A) or 3 years (felony) from arrest, unless the prosecutor certifies soonerSource: Tex. Code Crim. Proc. ch. 55A
- Nondisclosure after deferred adjudication
- Most misdemeanors: right after discharge. Some misdemeanors: 2 years. Felonies: 5 yearsSource: Tex. Gov't Code 411.0725
- Never eligible for nondisclosure
- Family violence findings, sex offenses that require registration, murder and other listed offensesSource: Tex. Gov't Code 411.074
- First DWI
- May qualify for nondisclosure after 2 to 5 years, shorter with 6 months of ignition interlockSource: Tex. Gov't Code 411.0726, 411.0731, 411.0736
Texas law
Expunction or nondisclosure: which one fits your case.
Expunction is the stronger remedy: agencies destroy or return their records, and you can generally deny the arrest happened. Nondisclosure keeps the records but bars most of the public, including most private employers and landlords, from seeing them. A case that ended in a conviction is usually not eligible for expunction, and some offenses cannot be sealed at all.
| How the case ended | Remedy | Waiting period | Notes |
|---|---|---|---|
| Acquitted at trial | Expunction | None | Other charges from the same arrest can affect timing |
| Arrested, no charge filed | Expunction | 180 days (Class C), 1 year (Class B or A), 3 years (felony), or when the time to file has run out | A prosecutor can certify sooner that the records are not needed |
| Charge dismissed or no-billed | Expunction in many cases | Often the same waiting periods, or none in some dismissals | Depends on why it was dismissed; dismissals after pretrial diversion usually qualify |
| Class C deferred disposition | Expunction | After you complete it | Common for fine-only cases like Class C theft or public intoxication |
| Deferred adjudication (not DWI) | Nondisclosure | None for most misdemeanors, 2 years for some, 5 years for felonies | Family violence findings and registrable sex offenses are excluded |
| Misdemeanor conviction, first offense | Nondisclosure in some cases | Up to 2 years after completing the sentence | Many offenses excluded; DWI has its own rules |
| First DWI (deferred, probation or jail only) | Nondisclosure in some cases | 2 to 5 years, depending on the outcome and interlock use | Alcohol level under 0.15 and no crash involving another person |
| Felony conviction | Usually none | Not applicable | A pardon or proof of actual innocence are rare exceptions |
What expunction does
Courts, police, DPS and other agencies must destroy or return the records, and you may deny the arrest in most settings. Expunction is usually not available if you served court-ordered probation or deferred adjudication for the charge, except in Class C cases.
Source: Tex. Code Crim. Proc. ch. 55AWhat nondisclosure does, and who still sees it
The records stay, but courts and agencies cannot release them to the public. Police, prosecutors and many licensing agencies, such as those for nurses, teachers, insurance and law enforcement, can still see them.
Source: Tex. Gov't Code 411.0765Stay clean during the waiting period
For most nondisclosure orders, a new conviction or deferred adjudication during the waiting period, other than a fine-only traffic offense, makes you ineligible.
Source: Tex. Gov't Code 411.074Some first-time misdemeanors seal without a petition
For certain first-time, nonviolent misdemeanors that end in deferred adjudication, the judge issues the nondisclosure order once you finish, without a separate petition. You still need to make sure it was entered.
Source: Tex. Gov't Code 411.072How we work
How we clear your record.
Mr. Estrada reviews your history and decides which remedy fits each case. Our team prepares and files the paperwork with him and keeps you updated in English or Spanish.
01
Map the whole record
We pull your DPS history and the court files for every arrest, then sort each case into expunction, nondisclosure or not eligible yet.
02
Name every agency
An expunction petition has to list every agency that may hold records, from the arresting police department to the jail, the clerk and DPS. Missing one means records survive, so we list them all.
03
Answer objections and handle the hearing
Prosecutors can oppose a petition. We respond to their objections and handle the hearing, and we tell you ahead of time whether you need to be there.
04
Follow the order through
After the judge signs, the order goes to each agency. We follow up so the records are actually destroyed or sealed, and we check that private background companies update their files.
05
Protect the record while a case is still open
If your case is pending, we look for ways it can end that keep clearing it possible, such as pretrial diversion instead of deferred adjudication.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”What a cleared record does and does not fix.
- Immigration
- Expunction and nondisclosure generally do not erase a plea or conviction for immigration purposes, and immigration forms ask about arrests anyway. Get certified copies before filing and talk to immigration counsel.
- Jobs and apartments
- After an expunction, you can generally deny the arrest on job and housing applications. After nondisclosure, you can generally leave the sealed case off most applications, with exceptions for certain licenses and government jobs.
- Gun rights and a License to Carry
- Clearing a dismissed case can help with a License to Carry application, but DPS, which issues the license, can still see sealed records. A conviction that bars gun possession is not fixed by nondisclosure.
Dallas and Odessa
Clearing records in Dallas County and Ector County.
In Dallas County, petitions are filed with the clerk and heard in a district court, often the court that handled the case. Arrests by Dallas police, the Dallas County Sheriff, DART police or a suburban department each create records that must be listed. In Odessa, petitions are filed with the Ector County district clerk. We clear records for cases in both counties and across North and West Texas, from our offices in Oak Cliff and Odessa.
FAQ
Questions people ask.
Can I get an arrest removed from my record in Texas?
Often, if the case did not end in a conviction. Dismissed cases, no-charge arrests and acquittals can usually be expunged after any waiting period. Deferred adjudication can often be sealed through nondisclosure.
What is the difference between expunction and nondisclosure?
Expunction destroys the records as if the arrest never happened. Nondisclosure seals them from the public, but police, prosecutors and some licensing agencies can still see them. Expunction is harder to qualify for and stronger.
Can a DWI be sealed in Texas?
A first DWI may qualify for nondisclosure if the alcohol level was under 0.15 and no one else was involved in a crash, after a waiting period that is shorter if you used an ignition interlock for six months. A DWI conviction cannot be expunged.
Can a family violence case be sealed?
Not if the court made a family violence finding, even after deferred adjudication. A family violence charge that was dismissed may still be eligible for expunction.
Will clearing my record help with immigration?
Usually not by itself. Immigration authorities can still count a plea, and you must still disclose arrests on immigration forms. It can help with jobs and housing. Talk to immigration counsel and get certified copies before you file.
How long does it take, and what does it cost?
Most petitions take a few months from filing to the final order, depending on the court and whether the prosecutor objects. Court filing fees are separate from the legal fee. The consultation is free, and we discuss the fee and payment options up front.
Related situations
- Felonies and misdemeanors
- Probation violations
- DWI
- Theft and shoplifting
- Juvenile defense
- Immigration consequences of a charge
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.