• An arrest for a crime that was never charged

• A criminal charge that was ultimately dismissed by the judge

• Certain qualifying misdemeanor juvenile offenses

• Conviction of a minor for certain alcohol offenses

• A conviction for failure to attend school

• Arrest, charge, or conviction on a person’s record due to identity theft by another individual who was actually arrested, charged, and convicted of the crime

• A conviction for a crime that was later acquitted by the trial court or the Criminal Court of Appeals

• A conviction for a crime that was later pardoned by the Governor of Texas or the US President

Furthermore, the court will not grant an expunction for any of the above cases to adults who have received deferred adjudication, probation, or have been convicted of a felony within five years of the arrest the person is seeking to have expunged. In addition, the court will not grant expunctions if the offense is part of a criminal transaction where the applicant has charges pending for a different crime that occurred during the same transaction. Lastly, a person cannot seek an expunction until the statute of limitations for the crime has run out.

If your case is not eligible for expunction, non-disclosure may be appropriate. An application for non-disclosure makes criminal records inaccessible to civilians. What this means is that only criminal justice professionals will have access to these records. In order to be eligible for non-disclosure, a person must wait until the statutory waiting period has passed, and he/she cannot be convicted of any additional charges during this statutory waiting period. The following offenses are NOT eligible for non-disclosure:

• Abandoning or Endangering a Child

• Aggravated Kidnapping

• Aggravated Sexual Assault

• Capital Murder

• Compelling Prostitution

• Family Violence Offenses

• Incest

• Indecency with a Child

• Injury to a Child, Elderly or Disabled Individual

• Murder

• Possession or Promotion of Child Pornography

• Sexual Assault

• Sexual Performance by a Child

• Stalking

• Unlawful Restraint, Kidnapping, or Restraint of a Child Less than 17 Years Old

• Violation of Protective Order or Magistrate’s Order