Expunctions and Record Sealing

In Fort Worth, expunction and nondisclosure can help remove or seal eligible criminal records, keeping past arrests and charges off routine background checks and protecting your employment, housing, education, and professional opportunities.

Your criminal case may be closed, but that doesn't mean your arrest record has disappeared. Even if your charges have been dismissed, arrest and court records may remain accessible to anyone running a background search.

Texas provides two primary ways to address this problem. Expunction requires destroying or removing qualifying records, while an order of nondisclosure restricts public access to certain criminal history information.

Your options depend on how your case ended.

Fort Worth Expunction Lawyer

Michael & Associates Criminal Defense Attorneys helps people throughout Fort Worth and Tarrant County determine whether they qualify to expunge or seal their criminal records.

Our experienced Fort Worth criminal defense attorneys review your arrest history, court records, and case disposition to identify potential eligibility issues and guide you through the legal process.

Michael & Associates has more than a dozen attorneys who focus on cases in Tarrant County and the surrounding areas. This includes the Fort Worth office’s Managing Attorney, Zach Redington, a North Texas native with 20+ years of experience, and Ryan Eady, who is a board-certified criminal law specialist with 14+ years of experience.

Our Fort Worth defense team also includes ACS-CHAL forensic lawyer-scientists, former prosecutors, and ex-local law enforcement officers who help us view your case from all angles. We understand how local prosecutors and courts handle criminal charges and how the outcome of those cases can affect eligibility for expunction or nondisclosure.

We represent clients throughout Tarrant County and surrounding areas, including Collin, Dallas, Denton, Ellis, and Rockwall counties

If a past arrest or criminal charge is affecting your future, contact Michael & Associates for a free case review.

Can You Clear Your Criminal Record in Fort Worth?

Possibly. Texas law allows certain criminal records to be expunged or sealed through an order of nondisclosure, depending on the circumstances.

Expunction may be available after an acquittal, qualifying dismissal, or other eligible disposition. People who successfully complete deferred adjudication may qualify for an order of nondisclosure instead.

Here’s a look at the key differences:

Completing deferred adjudication for a Class A or B misdemeanor or felony ordinarily does not qualify you for expunction, even when the charge is dismissed afterward. However, you may qualify for an order of nondisclosure. Certain eligible Class C misdemeanor dispositions can qualify for expunction.

Who Qualifies for Expunction in Texas?

You may qualify for expunction if:

• You were arrested but never formally charged
• Prosecutors dismissed your criminal charges under qualifying circumstances
• You were acquitted at trial
• You successfully completed a qualifying pretrial diversion program
• You completed deferred disposition for an eligible Class C misdemeanor
• You were pardoned or received other eligible post-conviction relief
• Someone else was arrested using your identity

Not every dismissal qualifies for expunction. Eligibility can depend on the reason for dismissal, applicable waiting periods, whether the statute of limitations has expired, and whether other charges arose from the same arrest.

Example: A Fort Worth resident is arrested for misdemeanor assault following an argument. After reviewing witness statements and other evidence, Tarrant County prosecutors dismiss the charge because they cannot establish that a crime occurred.

The individual may qualify for expunction, but their lawyer must review the dismissal, arrest history, and statutory requirements before determining eligibility.

What Criminal Charges Can Be Expunged in Fort Worth?

Texas law allows eligible arrest records involving many misdemeanor and felony offenses to be expunged. Even serious allegations, including aggravated robbery, sexual assault, and murder, may qualify when the case ends in an acquittal or another disposition that satisfies the statutory requirements.

However, the nature of the offense, the outcome of the case, and the circumstances of the arrest can affect eligibility.

• DWI: First-time DWI, repeat DWI, and felony intoxication offenses
• Weapons offenses: Unlawful carrying of a weapon and other firearm-related charges
• Assault and domestic violence: Simple assault, family violence assault, and aggravated assault
• Theft offenses: Shoplifting, misdemeanor theft, felony theft, and robbery
• Drug possession: Marijuana, THC, cocaine, methamphetamine, and other controlled substances
• Other misdemeanors: Criminal trespass, disorderly conduct, public intoxication, and resisting arrest

Example: You were arrested for felony drug possession in Tarrant County, but your case ended in a qualifying dismissal. You may be eligible to expunge the arrest from your record. By contrast, a misdemeanor drug possession conviction ordinarily cannot be expunged.

If you were arrested for multiple offenses at the same time, dismissal of one charge may not be enough to expunge the arrest. Texas courts consider how the charges are related and whether the records qualify for expunction under the applicable law. Our Fort Worth criminal defense attorneys can review all charges arising from your arrest to determine what records may be eligible for removal.

How Does Expunction Work in Tarrant County?

Expunction is a civil legal proceeding that allows an eligible person to petition a court to remove records associated with a qualifying arrest.

Expunction cases involving Fort Worth arrests may require identifying records maintained by several agencies, including the Fort Worth Police Department, the Tarrant County Sheriff's Office, the Tarrant County District Clerk, and the Texas Department of Public Safety.

Your petition must identify the agencies and other entities that hold records covered by the requested expunction.

The process usually involves four steps:

1. Reviewing your criminal history: Your attorney examines the arrest, criminal charges, case disposition, applicable waiting periods, and records maintained by law enforcement and court agencies.
2. Filing an expunction petition: The petition identifies the qualifying arrest and the government agencies or other entities that maintain records subject to the requested order. Your attorney prepares the necessary documentation and identifies the agencies that must receive notice.
3. Review by the court: The court reviews the petition to determine whether the statutory requirements are satisfied. A hearing may be necessary, particularly if an agency contests eligibility.
4. Issuing and enforcing the expunction order: If the court grants expunction, the agencies covered by the order must comply with its requirements for destroying, returning, or otherwise handling the qualifying records. Private background-check databases may take additional time to update, even after the court issues an expunction order.

Can You Seal Your Criminal Record in Fort Worth?

If you don't qualify for expunction, you may still be eligible to seal your criminal record through an order of nondisclosure.

Nondisclosure restricts public access to qualifying criminal history information without destroying the underlying records. It's often referred to as record sealing.

Sealing the record can prevent many private employers, landlords, and members of the public from accessing the information through ordinary criminal background checks. However, law enforcement, certain government agencies, and authorized professional licensing entities may still access sealed records.

It can be particularly useful for people who successfully completed deferred adjudication and received a discharge and dismissal.

Example: You received deferred adjudication for an eligible drug possession offense in Tarrant County, successfully completed your community supervision, and had your case dismissed.

Depending on the offense and other eligibility requirements, you may qualify for an order of nondisclosure.

Texas nondisclosure laws are addressed in Government Code Chapter 411, Subchapter E-1.

The Texas Judicial Branch also provides official forms and instructions for people seeking orders of nondisclosure.

How Long Do You Have to Wait for Expunction or Nondisclosure in Texas?

The waiting period depends on the charge, case outcome, and whether you're seeking expunction or nondisclosure.

Expunction Waiting Periods

For certain arrests where no indictment or information was presented, Texas Code of Criminal Procedure Article 55A.052 establishes the following minimum waiting periods.

Eligibility also depends on the statute's additional requirements, including whether criminal charges remain pending and whether the arrest is otherwise eligible for expunction.

These periods are measured from the date of arrest and apply only when the relevant statutory requirements are met. They do not establish how long someone must wait after every dismissal, acquittal, or other qualifying case outcome.

Nondisclosure Waiting Periods

There isn't one single waiting period that applies to all nondisclosure cases.

Certain misdemeanor deferred-adjudication cases may qualify for nondisclosure without a separate petition under Texas Government Code §411.072. Other eligible cases require the individual to petition the court.

For certain eligible misdemeanor cases under Texas Government Code § 411.072, an order of nondisclosure may be issued after discharge and dismissal, provided at least 180 days have passed since deferred adjudication began. Other offenses may require longer waiting periods or a separate petition.

• Certain misdemeanor deferred adjudication offenses: After a two-year waiting period 
• Qualifying felony deferred-adjudication offenses: After a five-year waiting period 
• Certain qualifying DWI cases have separate statutory waiting periods.

For certain eligible misdemeanor cases under Texas Government Code § 411.072, an order of nondisclosure may be issued after discharge and dismissal, provided at least 180 days have passed since deferred adjudication began. Other offenses may require longer waiting periods or a separate petition.

What Are the Benefits of Expunction or Nondisclosure?

A past arrest can create problems long after a criminal case has ended. Employers, landlords, licensing agencies, and other organizations may consider criminal history when making important decisions.

Clearing or sealing eligible records can help protect your opportunities.

• Employment: Reduce the likelihood that a past arrest or dismissed charge appears during routine employment background checks.
• Housing: Limit the criminal history information available to prospective landlords and property management companies.
• Education: Help protect opportunities involving college admissions, educational programs, and other applications that involve criminal history questions.
• Professional licensing: Address potential licensing barriers, although some regulatory agencies retain access to records covered by nondisclosure orders.

Why Choose Michael & Associates for Fort Worth Expunctions?

Expunction and nondisclosure require careful attention to criminal case dispositions, eligibility requirements, and court procedures. Filing too early or leaving agencies out of your petition can delay the process.

Our attorneys regularly defend criminal cases throughout Texas, including Fort Worth and Tarrant County. That experience helps us evaluate how dismissals, acquittals, deferred dispositions, and other outcomes affect eligibility for expunction or nondisclosure. We combine this knowledge with personalized representation and direct communication throughout the process.

Our firm also offers:

• More than 500 years of combined legal experience.
• A team of more than 45 senior trial attorneys.
• Experience handling misdemeanor and felony criminal cases throughout Texas, including Fort Worth and Tarrant County.
• Direct communication with your legal team, including the ability to text your lawyer, and individual attention to your case.
• Free, confidential case reviews.

Helpful Expunction Resources

• Texas Government Code Chapter 411: Includes provisions governing orders of nondisclosure.
• Texas State Law Library Expunctions and Nondisclosure Orders: Explains Texas record-clearing laws, eligibility requirements, and available resources.
• Texas Code of Criminal Procedure Chapter 55A: The primary Texas statute governing expunction.
• Tarrant County District Clerk: Provides information about district court records and civil court proceedings in Tarrant County.

Talk to a Fort Worth Expunction Lawyer About Clearing Your Record

Your criminal case may be over, but the record of your arrest could still affect your employment, housing, professional licensing, and future opportunities.

Michael & Associates Criminal Defense Attorneys can review your criminal history, determine whether you qualify for expunction or nondisclosure, and help you pursue the appropriate legal remedy.

We represent clients throughout Fort Worth and Tarrant County, including Arlington, Bedford, Benbrook, Burleson, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, Mansfield, North Richland Hills, and Southlake, as well as neighboring counties.

Contact Michael & Associates Criminal Defense Attorneys today for a free, confidential case review. Our team is available 24/7 to discuss your situation and help you take the next step toward clearing your criminal record.