TFDP provides free legal assistance to people who are entitled to criminal record clearing under the law.
If you think you might be eligible for our record clearing services, please complete our application for criminal record clearing services here: http://bit.ly/tfdprecordshelp.
To apply, you must obtain and upload a DPS Criminal History Report, which provides an overview of all Texas arrests, and helps TFDP determine your eligibility to expunge or seal your records. Upload the DPS Criminal History Report with your application.
For more information, please see the "Frequently Asked Questions" section below.
1. What do you mean by “criminal record clearing?”
Criminal record clearing refers to the legal processes available to get criminal records sealed or destroyed after a criminal case is over (and, sometimes, after another waiting period has passed). In Texas, these processes are called nondisclosures and expunctions.
2. What’s the difference between an Order of Nondisclosure and an Order of Expunction?
An Order of Nondisclosure allows for an individual's criminal record (or part of their criminal record) to be sealed from the general public. Orders of nondisclosure do not fully erase your records, they just hide them from most of the public. This is a state process, so the federal government can still access and use your sealed criminal records against you. Furthermore, all law enforcement agencies and some other state agencies will still have access to your sealed records (the full list of agencies can be found at Texas Government Code Sec. 411.0765).
An Order of Expunction is an order to completely destroy all records related to the underlying criminal charge. Expunction orders are also a state process, so the federal government can still use your expunged case against you.
3. Who is eligible for your services?
The Texas Fair Defense Project assists applicants whose income is within 200% of the federal poverty guidelines.
Nondisclosures are generally available when you successfully complete deferred adjudication and for a first-time nonviolent misdemeanor conviction. However, there are restrictions on who is eligible for a nondisclosure that are not necessarily tied to the charge you are seeking to seal. For example, if you have ever been convicted of or gone on deferred adjudication for a charge involving family violence, you are never eligible to get a nondisclosure for that charge or for any other charge (general restrictions can be found at Texas Government Code Sec. 411.074).
Expunctions are generally available only if (1) you were arrested and never charged in court, (2) the charges against you were ultimately dismissed (without going onto formal supervision such as deferred adjudication community supervision), (3) you were acquitted/found not guilty at trial, (4) you completed a pretrial intervention or diversion program, or (5) if you have an unlawful carry of a weapon conviction. However, there are more restrictions on who is eligible for an expunction. For example, if you were charged with two felonies in one arrest cycle and you pled guilty to one but the second one was dismissed, the second one may not be eligible for an expunction because of your guilty conviction for the other charge in the “same criminal episode.”
Criminal record clearing is complicated! We will first work with you to determine if you’re eligible to clear your records in Texas before taking any additional steps.
4. What about felony convictions?
Felony convictions are not eligible for any type of criminal record clearing under current Texas law. So, if you completed a prison sentence or received regular probation (not deferred adjudication community supervision) for a felony offense in Texas, those records are not eligible for any type of record clearing services.
5. How long will this process take?
After completing our application for criminal record clearing services, someone from our office should be in touch with you within one month. From there, it depends. These cases generally take us about six months to get from an application for criminal record clearing services to a signed order of nondisclosure and/or expunction if you are eligible. Once a nondisclosure order is signed, agencies have about two months to comply with the order (see Texas Government Code Sec. 411.075). Once an expunction order is signed, agencies have up to one year to comply with the expunction order by sending the records to the district clerk’s office to destroy the records or by destroying the records themselves (see Texas Code of Criminal Procedure 55.03). Please be patient and always keep your contact information updated with us as we work through this process.
6. Sounds great! Where do I sign up and what information do you need from me?
If you think you might be eligible for our record clearing services, please complete our application for criminal record clearing services here: http://bit.ly/tfdprecordshelp.
To apply, you must obtain and upload a DPS Criminal History Report, which provides an overview of all Texas arrests, and helps TFDP determine your eligibility to expunge or seal your records. Upload the DPS Criminal History Report with your application.
To get a DPS Criminal History Report:
- Make an appointment at any IdentoGo location: bit.ly/identogo
- Bring a photo ID and $25.53 (credit card or money order). You will be fingerprinted. If you need assistance paying for your criminal history report, please contact TFDP at 512-637-5220.
- You can choose to receive your report by mail or email; either is fine. If you choose to receive your report by email / electronically, you will receive an email from IdentoGo telling you how to download your report within a few days of your appointment. NOTE: you cannot download the PDF electronic report on your cell phone and you can only download the report twice.
If you have any court documents (order of dismissal, order placing on deferred adjudication, etc.) from your criminal case, please upload those documents with your application as well.
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