Expunctions and Record Sealing Lawyer

In Houston, expunction and nondisclosure can help remove or seal eligible criminal records, protecting your employment, housing, education, and professional opportunities. Even when criminal charges are dismissed, arrest and court records may remain accessible through background checks.

Texas provides two primary remedies: expunction, which removes qualifying criminal records, and nondisclosure, which restricts public access to certain criminal history information.

Michael & Associates Criminal Defense Attorneys can review your case, determine whether you qualify, and help you pursue your best option.

Houston Expunction Lawyer

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

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

Our Houston defense team includes Charles Pelowski, a Board Certified specialist in Criminal Law and an ACS-CHAL Forensic Lawyer-Scientist, and experienced senior trial attorneys who understand the complexities of Texas criminal law.

We represent clients throughout Harris County and surrounding communities, including Pasadena, Baytown, Katy, Cypress, Spring, Humble, and Kingwood.

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 Houston?

Possibly. Texas allows certain criminal records to be expunged or sealed, 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.

These two legal remedies provide different levels of protection.

Expunction provides broader protection because it removes qualifying records rather than simply restricting access.

However, not everyone qualifies for expunction, and some criminal records cannot be sealed.

Who Qualifies for Expunction in Texas?

Under Chapter 55A of the Texas Code of Criminal Procedure, you may qualify for expunction if your arrest or criminal case meets specific statutory requirements. Potentially eligible situations include:

• 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 received a pardon or other qualifying 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 Houston resident is arrested for misdemeanor assault following an argument. After reviewing witness statements and other evidence, Harris County prosecutors dismiss the charge because they cannot establish that a crime occurred.

The individual may qualify for expunction, but an attorney must examine the dismissal, arrest history, and statutory requirements before determining eligibility.

What Criminal Charges Can Be Expunged in Houston?

Texas expunction laws apply to eligible arrest records involving a wide range of misdemeanor and felony offenses. 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
• Drug offenses: Possession of marijuana, THC, cocaine, methamphetamines, or other controlled substances 
• Assault and domestic violence: Simple assault, family violence assault, and aggravated assault
• Theft offenses: Shoplifting, misdemeanor theft, felony theft, and robbery 
• Weapons offenses: Unlawful carrying of a weapon and other firearm-related charges
• Other misdemeanors: Criminal trespass, disorderly conduct, public intoxication, and resisting arrest
• Serious felonies: Aggravated robbery, sexual assault, and even murder charges.

Example: A person arrested for felony drug possession in Harris County may qualify for expunction if the case ends in a qualifying dismissal or acquittal. However, someone convicted of misdemeanor drug possession ordinarily cannot expunge that conviction.

Multiple charges arising from the same arrest can complicate eligibility. Our Houston criminal defense attorneys can review the entire arrest and court history to determine whether expunction is available.

How Does Expunction Work in Harris 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 Houston arrests may require records to be identified across several agencies, including the Houston Police Department, Harris County Sheriff's Office, Harris County District Clerk, and Texas Department of Public Safety. Identifying the agencies that maintain records of your arrest is an important part of preparing an effective expunction petition.

In Harris County, expunction petitions are commonly filed in district courts, although jurisdiction and filing procedures depend on the circumstances of the arrest and the statutory basis for expunction. Our Houston attorneys can determine where to file the petition and identify the law enforcement agencies, courts, and other entities that must receive notice.

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 of the proceeding.

3. Court review: 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 Houston?

If you don't qualify for expunction, you may still be eligible for an order of nondisclosure.

Nondisclosure restricts public access to qualifying criminal history information without destroying the underlying records.

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

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

Example: A Houston resident receives deferred adjudication for an eligible drug possession offense, successfully completes community supervision, and has the case dismissed.

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

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.

How Long Must You Wait for Expunction or Nondisclosure in Texas?

The waiting period depends on the charge, the case outcome, and the legal remedy you're seeking.

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 waiting periods apply to certain arrests where no indictment or information was presented. They do not establish how long someone must wait after every dismissal, acquittal, or other qualifying case outcome. Different expunction provisions may apply depending on how the criminal case was resolved.

Nondisclosure Waiting Periods

There is no single waiting period for 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. 

Depending on the applicable nondisclosure statute, the offense, and the individual's criminal history, eligibility may arise at different times:

• Upon discharge and dismissal for certain qualifying deferred-adjudication cases, when no additional waiting period applies.
• After a two-year waiting period for certain misdemeanor deferred-adjudication offenses.
• After a five-year waiting period for qualifying felony deferred-adjudication offenses.
• After separate statutory waiting periods for certain qualifying DWI cases.

Certain offenses are excluded from nondisclosure entirely, and eligibility may depend on additional statutory requirements.

Our Houston attorneys can review your criminal history, determine whether you qualify for nondisclosure, and explain whether you can apply now or must wait.

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.

Expunction can provide particularly broad protection because it requires removing or destroying qualifying records.

Why Choose Michael & Associates for Houston Expunctions?

Expunction and nondisclosure require careful attention to criminal case dispositions, eligibility requirements, and court procedures. Filing before you qualify or failing to identify relevant records can create unnecessary complications.

Our attorneys regularly defend criminal cases throughout Texas, giving us firsthand experience with how dismissals, deferred dispositions, acquittals, and other outcomes affect eligibility for record clearing. We combine this criminal defense experience with personalized representation to evaluate your case, identify potential obstacles, and pursue the appropriate legal remedy.

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.
• Personalized representation with an emphasis on communication and individual attention.
• Free, confidential case reviews.

We can review your records, explain which remedies may be available, and help you pursue an expunction or nondisclosure order when you qualify.

Case Outcome: Harris County Public Intoxication Expunction Granted

A Houston client who successfully completed deferred disposition for a public intoxication charge sought to remove the associated criminal records.

Both the Houston Municipal Court and the Harris County District Attorney's Office filed responses agreeing to the expunction. Several other agencies did not respond, and the court ultimately granted the expunction.

Outcome: Expunction granted. The case was opened in August 2024 and closed in December 2025.

Helpful Expunction Resources

• 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.
• Texas Government Code Chapter 411: Includes provisions governing orders of nondisclosure.
• Harris County District Clerk: Provides information about district court records and civil court proceedings.

Talk to a Houston 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 Harris County and surrounding communities, including Pasadena, Baytown, Katy, Cypress, Spring, Humble, and Kingwood, as well as neighboring Fort Bend and Montgomery counties.

Contact Michael & Associates Criminal Defense Attorneys today for a free, confidential case review.