In Texas, a felony conviction generally stays on your criminal record permanently unless you qualify for limited relief such as expungement or an order of nondisclosure. Expungement is typically only available if your case was dismissed, you were acquitted, or you received a pardon. Most felony convictions cannot be fully removed, but certain records may be sealed in specific circumstances. A Houston criminal defense attorney can review your case and determine whether you are eligible to clear or restrict access to your record.
Can You Remove a Felony from Your Record?
While felony convictions typically remain permanent, Texas law offers two legal options to limit or remove a conviction from public view: expungement and order of nondisclosure. Eligibility is limited and varies depending on the circumstances.
1. Expungement
Expungement is the legal process that completely erases a criminal conviction from your record, as though the offense never occurred. However, in Texas, expungement is only available in limited situations, such as:
- Acquittal: If you were acquitted of the crime
- Dismissal: If your charges were dismissed or you completed deferred adjudication, and the case was dismissed
- Pardon: If you received a pardon for the crime
Most felony convictions, particularly those where you were convicted and served time, are not eligible for expungement. Even when eligible, the process can be lengthy and requires filing a petition with the court and obtaining a judge’s approval. Expungement in Texas is governed by a statute that outlines eligibility, petition procedures, and court approval.
2. Order of Nondisclosure
An order of nondisclosure does not erase a conviction but limits access to your criminal record. This prevents most people, including employers and landlords, from seeing the conviction. You may be eligible for an order of nondisclosure if:
- You have completed deferred adjudication probation
- You have no other convictions during your probation period
- Your crime is eligible for nondisclosure (certain offenses, such as violent crimes, sexual offenses, or those involving children, are excluded)
Orders of nondisclosure are authorized under Texas Government Code §411.074, which defines eligibility, exceptions, and the agencies that may access sealed records. Expungement or an order of nondisclosure limits access to your felony record, and a Houston criminal defense attorney can ensure proper filing and improve your chances of approval.
Expungement and Nondisclosure Timelines
Waiting periods for expungement or an order of nondisclosure vary depending on the outcome of your case. If you were acquitted, received a dismissal, or obtained a pardon, you may petition for expungement once the case is finalized. For an order of nondisclosure, you usually must wait until after completing deferred adjudication and meeting all legal requirements before filing. Key points to consider:
- Expungement can often be requested immediately after acquittal, dismissal, or pardon.
- An order of nondisclosure typically requires a waiting period, often 5 years after deferred adjudication.
- Certain crimes, like violent offenses or sexual crimes, may be ineligible.
- Consulting a Houston Assault Lawyer is recommended to confirm eligibility.
Felony Background Checks in Texas
Felony convictions often appear on criminal background checks conducted by employers, landlords, and licensing agencies. Even after completing your sentence, the record can remain visible unless it has been expunged or sealed. An order of nondisclosure limits public access, but certain government agencies and regulated employers may still be able to see sealed records. Consider the following:
- Felonies can impact job applications, housing, and professional licenses.
- Nondisclosure protects privacy for most private employers and landlords.
- Government and regulated positions (e.g., law enforcement, education) may still access your record.
- Understanding how your record shows up is crucial before applying for work or housing.
Steps to Clear or Seal a Felony Record
The process for clearing or sealing a felony record starts with determining whether you qualify for expungement or an order of nondisclosure. This requires reviewing the outcome of your case, the type of offense, and verifying that all sentencing requirements have been completed. If eligible, the next steps include:
- Filing a Petition: Submit a formal petition to the court that handled your case, including all required documentation.
- Court Review: A judge may schedule a hearing to evaluate your request.
- Court Order: If approved, the court directs agencies to destroy or seal your records.
- Legal Guidance: A Houston criminal defense attorney can help ensure your petition is properly prepared and that deadlines are met.
Protecting Your Record with Legal Help
In Texas, a felony conviction remains on your record for life unless legal action is taken. Expungement is available in limited cases, while an order of nondisclosure is a more common option to restrict access to your record. Both processes have strict eligibility requirements, and not all crimes qualify.
If you have a felony on your record and want to explore your options, it is essential to consult Juan L. Guerra, Jr. & Associates, PLLC. They can assess your eligibility, guide you through the process, and help maximize your chances of a successful outcome.