State Law Summary
The Texas Second Chance Non-Disclosure/Sealing Gap
The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.
Primary Sources: Texas Gov. Code Chap. 411 (2017) | Sec. 411.072 | 411.0725 | 411.073 | 411.0731 | 411.0735 | 411.074 (all 2017) | Art. 55.01(2019)
Secondary Sources: University of Texas Guide(2019) | Texas CCRC (7/4/2020) | App
Summary of the Law
- Order of Non-Disclosure(OND)/Sealing available for any misdemeanor punishable by fine only and misdemeanor carrying a sentence of incarceration, if clean after date of sentencing, with no waiting-period for fine-only offenses, and for incarceration-offenses after 2-year waiting-period starting from completion of sentence (Sec. 411.0735).
- OND/Sealing available for first-time DUI offense, if clean after imposition of original sentence after 3-5 year waiting-period from completion of sentence (Sec. 411.0736).
- Felonies: None that we are modeling (see section 6 “Unmodeled” for technically-eligible categories)
- Not Eligible: Ineligible if:court determines that the offense that was violent or sexual in nature (411.0735(c-1)), DUI (Sections 49.04, 49.05, 49.06, 49.065), requiring registration as a sex offender (Section 62.001(5)), aggravated kidnapping (section 20.04 ), homicide (sections 19.02 , 19.03 ), human trafficking (Section 20A.02 , 20A.03 ), child/elder abuse (Sections 22.04, 22.041 ), family violence (sections 25.07 , 25.072 , 71.004 ), or stalking ( Section 42.072 ).
- Lifetime or Other Limits:Sealing not available for a person previously convicted/placed on deferred adjudication for a different offense. (411.073(b)(2); 411.0731(b)(2); 411.0735(b)(2); 411.0736(b)(2)).
- LFO Payment Required for Sentence Completion: Yes, for misdemeanor convictions (411.0735(b)) and DUI convictions (411.0736(b)).
- Other Unmodeled Criteria or Details:
- OND/Sealing for Misdemeanors sentenced to deferred adjudication community supervision (Sec 411.072(1)(d)), misdemeanor sentenced to community supervision,(Sec. 411.073/Listed chapters under 411.073(d)(2)), certain felonies given deferred adjudication community supervision (Sec 411.0725), and Expunction for Class C Misdemeanors sentenced to community supervision (Article 55.01(a)(2)).
- Expunction if arrested and charges dropped, acquitted, or pardoned after waiting-period (all from date of arrest) of 180 days for Class C misdemeanor if no additional felony charge brought/arose from same transaction, 1 year for Class B or A misdemeanor if no felony charge brought/arose from same transaction, or 3 years if charge was a felony or if felony charge brought/arose from same transaction. (Art. 55.01(a)).