Let Us Help You Clear Your Record! We Help With Expungements and Orders of Non-Disclosure in Houston.
The short answer is yes — unless you do something about it.
In Texas, a criminal record is permanent by default. It does not automatically disappear after a set number of years. An arrest from 20 years ago will still appear on a background check today. This is true even if you were never convicted, even if charges were dropped, and even if you were found not guilty at trial.
As a former prosecutor, Lisa Shapiro Strauss has seen how a lingering arrest record affects her clients during job searches, apartment applications, professional licensing, and custody disputes. This guide explains what stays on your record, what can be done about it, and what you cannot change.
See also: What Shows Up on a Criminal Background Check in Texas — a companion guide covering what employers, landlords, and others will actually see.
What Stays on Your Record Permanently in Texas
Texas criminal records do not have an automatic expiration date. Unlike a credit report, which typically goes back only 7 to 10 years, your criminal record remains on the public record indefinitely.
This means the following will appear on a background check regardless of how long ago they occurred:
- Arrests — even if no charges were ever filed
- Convictions — misdemeanor and felony
- Deferred adjudication — even if you successfully completed probation
- Court records and case filings
The only way to remove or limit access to these records is through a court order, either an expunction or an order of non-disclosure.
What Can Be Removed Through Expungement in Texas
Expungement, formally called expunction in Texas, is the complete destruction of arrest records. If your record is expunged under Texas Code of Criminal Procedure Chapter 55A (effective January 1, 2025), it is as if the arrest never happened. You can legally deny that the arrest occurred.
Who Qualifies for Expungement in Texas?
You may be eligible if:
- You were arrested but charges were never filed
- You were acquitted (found not guilty) by a judge or jury
- Your case was dismissed for lack of probable cause, insufficient evidence, or unavailable witnesses
- A grand jury returned a ‘no bill’ — declining to indict you
- You were convicted at trial but later acquitted by the Texas Court of Criminal Appeals
- Your record resulted from identity theft
- You were pardoned based on actual innocence
Important: if your arrest resulted in a fine, incarceration, or any form of court-ordered probation, you are generally not eligible for expunction.
For a full eligibility review, contact Houston expungement attorney Lisa Shapiro Strauss.
What Can Be Sealed Through Non-Disclosure in Texas
If you do not qualify for expungement, you may still be eligible for an Order of Non-Disclosure. Non-disclosure does not destroy your records, but it seals them from public view.
After non-disclosure:
- The record is hidden from most employers, landlords, and the general public
- Certain government agencies and licensing boards can still access it
- You are generally not required to disclose the sealed record to private employers
Who Qualifies for Non-disclosure?
Non-disclosure is available to people who:
- Successfully completed deferred adjudication community supervision (probation) for eligible offenses
- Have waited the required time period after completing probation
- Have no subsequent convictions or deferred adjudications
Waiting periods vary by offense type which include immediate eligibility in some cases to five years or more for others.
Non-disclosure is not available for certain serious offenses. See the section below.
What Cannot Be Cleared From Your Record in Texas
Not all records can be expunged or sealed. Texas law prohibits expunction and non-disclosure for certain offenses, including:
- Capital murder
- Sexual assault and aggravated sexual assault
- Aggravated kidnapping
- Possession or promotion of child pornography
- Child endangerment
- Family violence offenses
- Violations of a protective order
- Most offenses requiring sex offender registration
If your arrest involved one of these offenses, expungement and non-disclosure are generally not available. An attorney can review your specific situation and advise whether any exceptions apply.
How Long Does Expungement Take in Texas?
The expungement process in Texas typically takes several months. Here is a general timeline:
- Eligibility review. Your attorney reviews your case history to confirm you qualify and identifies all agencies that must be notified.
- Petition filed. Your attorney files the expunction petition in the correct court with the required information.
- Agency notification. All involved agencies are served notice. They have an opportunity to object.
- Hearing. The court holds a hearing and, if the petition is granted, issues an expunction order.
- Record destruction. Agencies are ordered to destroy or return all records. Private background check companies may require additional steps under the Fair Credit Reporting Act.
The total timeline in Harris County is typically three to six months, though complex cases or crowded court dockets can extend this.
Frequently Asked Questions
Find Out If Your Record Qualifies for Expungement
Having a criminal record in Texas does not have to be permanent. Expungement attorney Lisa Shapiro Strauss reviews your case history and tells you exactly what options are available — whether that is expunction, non-disclosure, or both. Contact her office today for a free consultation.
