Read This First
- Sealing is not the same as expungement. Non-disclosure seals the record from most public disclosure but does not destroy it. Law enforcement and certain licensing boards keep access.
- The filing fee is not waived just because "free to file" language floats around online. Expect $450 in district clerk fees alone, plus certified mail and copies.
- Texas bars non-disclosure for many offenses under Gov. Code 411.074 — family violence, stalking, violations of protective orders, sex offender registration offenses, high-BAC DWI, murder, human trafficking, and more. Filing on a disqualified offense is an automatic denial.
- Non-disclosure petitions usually require a best-interest-of-justice hearing in front of the judge — unlike expunction, which is often granted on the papers.
- A denied non-disclosure can bar you from refiling for years. One mistake — wrong statute, wrong waiting period, wrong court — and you lose the remedy you were eligible for.
- Non-disclosure does not bind private background-check vendors the way expunction does. They must stop reporting it, but they do not have to purge it. You will still see it on some reports.
- Sealing vs. Expunging — Know the Difference
- What "Free" Actually Costs
- The Governing Statutes — Gov. Code Chapter 411
- The Statutory Disqualifiers Under 411.074
- The Five Non-Disclosure Pathways
- Waiting Periods by Offense Type
- Every Form You Must Draft
- The 12-Step Pro-Se Walkthrough
- The eFileTexas Nightmare (Watch This)
- The Best-Interest-of-Justice Hearing
- What "Sealed" Actually Means — and Doesn't
- 10 Mistakes That Get Non-Disclosures Denied
- DIY vs. Attorney vs. Expunction360
- Frequently Asked Questions
If you searched for "how to seal my record for free in Texas," you probably fall into one of two camps. Either you completed deferred adjudication on a misdemeanor or felony and want the record off your background checks — or you got convicted of a qualifying first-offense misdemeanor and you are trying to rebuild. Both are valid. Neither is simple.
Unlike a Texas expunction, a non-disclosure does not destroy the record. It seals it from most public and private disclosure but leaves it intact for law enforcement and a specific list of licensing boards. That means the remedy is weaker than expunction — and the procedure, counterintuitively, is often harder. Most non-disclosure petitions require a live hearing where you prove to the judge that sealing is in the best interest of justice. No attorney is going to hold your hand through that hearing unless you hire one.
This guide is the real, unvarnished, pro-se walkthrough. Every statutory pathway, every disqualifier, every form, every fee, every landmine. Read it end to end before you draft a single page.
Sealing vs. Expunging — Know the Difference Before You Start
In short: Sealing (non-disclosure under Government Code Chapter 411) and expunction (CCP Chapter 55A) are not interchangeable: expunction destroys the record and binds all served public and private agencies, while non-disclosure only seals the record from public disclosure and binds Texas criminal justice agencies. After a non-disclosure, law enforcement keeps full access, certain licensing boards retain access, and private background-check vendors must stop disclosing the record but may keep it in their database. If you qualify for expunction, file that instead -- non-disclosure is the fallback when expunction is not available, such as completed Class A/B and felony deferreds.
This is the single most important concept in Texas record relief, and half of the DIY failures we clean up come from people who did not understand it when they filed. The two remedies are not interchangeable.
| Expunction (Chapter 55A CCP) | Non-Disclosure (Gov. Code 411) | |
|---|---|---|
| What it does | Destroys the record | Seals the record from public disclosure |
| Who it binds | All agencies, public and private, that are served | Texas criminal justice agencies only |
| Eligibility | Dismissal, acquittal, no-bill, or Class C deferred | Deferred adjudication (most) or first-offense misdemeanor conviction |
| Private background-check vendors | Must purge the record | Must stop disclosing, but record can remain in database |
| Law-enforcement access after order | None — records destroyed | Full access retained |
| Licensing-board access after order | None | Some (education, healthcare, criminal justice, financial) keep access |
| Hearing required | Rarely (uncontested) | Usually (best-interest-of-justice) |
Bottom line: if you are eligible for expunction, file that instead. Non-disclosure is the fallback remedy when expunction is not available — which is usually the case for completed deferred adjudications on Class A/B misdemeanors and non-excluded felonies. If you are not sure which one applies to you, start with our expunction vs. nondisclosure guide.
What "Free" Actually Costs
In short: As with expunction, no Texas non-disclosure is truly free; "free" only means skipping the attorney or preparation-service fee, not the court costs. A pro-se filer without an indigency waiver should expect about $450 in district clerk filing fees plus $5 to $15 each for certified copies of the deferred and discharge orders, $8 to $12 to serve the State by certified mail, and certified copies for DPS. Budget $350 to $450 in hard costs even doing everything yourself.
Same reality check we give in our expunction DIY guide: no Texas record-relief petition is truly free. "Free" means you skip the attorney fee or the preparation-service fee. It does not mean you skip the filing fee, the certified mail, or the certified copies. Realistic minimum out-of-pocket for a pro-se non-disclosure, assuming no indigency waiver:
| Item | Typical Cost |
|---|---|
| District clerk filing fee | $450 (county-specific) |
| Certified copy of deferred adjudication order | $5–$15 |
| Certified copy of discharge/dismissal order | $5–$15 |
| Service on the State's attorney (certified mail) | $8–$12 |
| Certified copies of signed order for DPS | $5–$20 |
| Your time (20–50 hours) | Depends on your hourly value |
Budget $350–$450 in hard costs even if you do everything yourself. That is before you account for the cost of an unsuccessful hearing, a mistaken citation that forces a refile, or the consequences of walking around with an unsealed record for another six months while you redo the process.
The Governing Statutes — Texas Government Code Chapter 411
In short: Non-disclosure lives in Chapter 411, Subchapter E-1 of the Texas Government Code, and unlike expunction it is spread across multiple sections, each for a different fact pattern, so citing the wrong section is a technical denial. The five core sections are 411.072 (automatic for Class C deferreds), 411.0725 (petition-based for felony and misdemeanor deferreds), 411.0726 (automatic for certain first-offense deferreds completed on or after Sept. 1, 2017), 411.0729 (petition-based for certain first-offense misdemeanor convictions), and Section 411.074 (general eligibility limits and permanently excluded offenses). Specialized sections also exist for trafficking victims, veterans, and certain DWI dispositions.
Non-disclosure in Texas lives in Chapter 411, Subchapter E-1 of the Texas Government Code. Unlike expunction, which has a single primary statute (CCP Chapter 55A), non-disclosure is spread across multiple sections, each covering a different fact pattern. Citing the wrong section is a technical denial on its face.
Gov. Code 411.072 — Automatic non-disclosure for Class C deferred adjudications.
Gov. Code 411.0725 — Petition-based non-disclosure for felony and misdemeanor deferred adjudications.
Gov. Code 411.0726 — Automatic non-disclosure for certain first-offense deferred adjudications completed on or after Sept. 1, 2017.
Gov. Code 411.0729 — Petition-based non-disclosure for certain first-offense misdemeanor convictions.
Gov. Code 411.074 — General eligibility limits; lists offenses permanently excluded from any non-disclosure remedy.
There are also specialized sections for trafficking victims (411.0728), veterans with service-connected mental-health issues (411.0727), and certain DWI dispositions (411.0731). We cover those in the county-specific guides when they come up.
The Statutory Disqualifiers — Gov. Code 411.074
In short: Before anything else, confirm your offense is not on the permanently excluded list in Section 411.074(b), because if it is there is no petition and no hearing available. Excluded offenses include those requiring sex offender registration, aggravated kidnapping, murder and capital murder, trafficking of persons, injury to a child/elderly/disabled individual, abandoning or endangering a child, protective-order and family-violence offenses, stalking, and high-BAC (0.15 or higher) DWI. The family-violence disqualifier traps the most filers, and even an affirmative family-violence finding on the judgment -- not just a conviction -- takes non-disclosure off the table.
Before you do anything else, confirm your offense is not on the permanently excluded list. If it is, there is no petition and no hearing — non-disclosure is simply not available. Filing anyway wastes the filing fee and marks a denied petition on your record.
Permanently excluded offenses under 411.074(b) include:
- Offenses requiring sex offender registration under Chapter 62 CCP
- Aggravated kidnapping
- Murder and capital murder
- Trafficking of persons and continuous trafficking
- Injury to a child, elderly individual, or disabled individual
- Abandoning or endangering a child
- Violations of protective orders and bond conditions in family violence cases
- Stalking
- Any offense involving family violence (as defined in Family Code 71.004)
- DWI offenses with a BAC of 0.15 or higher (disqualified for automatic non-disclosure; petition-based may still be available under limited circumstances)
The family-violence disqualifier is the one that traps the most DIY filers. Texas Family Code 71.004 defines "family violence" broadly — it sweeps in assault, terroristic threat, and certain disorderly conduct offenses whenever the victim is a family or household member or someone in a current or past dating relationship. If there is any family-violence finding in the record (even an affirmative finding at a hearing, not just a conviction), non-disclosure is off the table.
Texas courts sometimes enter an affirmative finding of family violence on a deferred adjudication even when the offense itself is not on the excluded list. That finding alone disqualifies you from non-disclosure. Pull the original judgment and look specifically for this finding before you spend a single dollar on a filing fee.
The Five Non-Disclosure Pathways
In short: After confirming the offense is not excluded, identify which of five pathways applies. Two are automatic -- Section 411.072 for Class C deferreds and Section 411.0726 for certain qualifying first-offense deferreds completed on or after Sept. 1, 2017 -- though the automatic process often fails and may require a motion to compel. The other three are petition-based: Section 411.0725 (the workhorse for deferred adjudications), Section 411.0729 (a narrow remedy for certain first-offense misdemeanor convictions, excluding DWI and family violence), and the specialized sections for trafficking victims, veterans, and DWI that usually warrant counsel.
Once you have confirmed your offense is not statutorily excluded, identify which pathway applies. Each has its own eligibility requirements and procedure.
1. Automatic Non-Disclosure for Class C Deferred — Gov. Code 411.072
If you completed deferred adjudication on a Class C misdemeanor (non-traffic) on or after Sept. 1, 2017, and there is no intervening conviction, DPS is supposed to issue an automatic non-disclosure without any filing. In practice, the "automatic" process fails often enough that many Class C deferred completers still file a petition for a conventional order.
2. Automatic Non-Disclosure for Qualifying First-Offense Deferreds — Gov. Code 411.0726
For deferred adjudications completed on or after Sept. 1, 2017, on certain qualifying misdemeanors (not Class C, not DWI, not family-violence, not statutorily excluded under 411.074), automatic non-disclosure applies if: (a) this is your only offense, (b) no intervening convictions or deferreds, and (c) the waiting period has run. The court is supposed to issue the order automatically at the end of the waiting period. It does not always happen on time — often you still have to file a motion to compel.
3. Petition-Based Non-Disclosure for Deferred Adjudication — Gov. Code 411.0725
The workhorse section. Used when automatic non-disclosure does not apply — either because the offense does not qualify for automatic treatment, the timing is wrong, or you completed deferred before the automatic statute took effect. Requires a petition, filing fee, service on the State, and a best-interest-of-justice hearing.
4. Petition-Based Non-Disclosure for First-Offense Misdemeanor Conviction — Gov. Code 411.0729
Texas added this in 2017. For a limited list of first-offense misdemeanor convictions (not deferred — actual convictions), you may petition for non-disclosure after completing the sentence and waiting the statutory period. DWI and any family-violence offense are excluded. This is a narrow remedy — roughly 80% of DIY filers who try to use this section are not eligible and do not realize it.
5. Specialized Sections — Trafficking Victims, Veterans, DWI
Gov. Code 411.0728 (trafficking victims), 411.0727 (veterans), and 411.0731 (DWI) each carry their own procedures. These are narrow and fact-intensive. If any applies to you, retaining counsel is almost always the right call.
Five Pathways. One Right Answer.
Most DIY filers pick the wrong Gov. Code section. The consequence is a denial that can bar you from refiling for years. A free 10-minute eligibility check identifies the correct section and confirms no statutory disqualifiers.
Waiting Periods by Offense Type
In short: The non-disclosure waiting period is calculated from the date of dismissal and discharge, not the original offense date, and filing one day early is a denial. Periods are 180 days for an automatic Class C deferred under 411.072, generally none for most non-disqualified Class A/B deferreds, two years for deferreds involving family or sexual contact, five years for non-disqualified felony deferreds, and two years after completing the sentence for a first-offense misdemeanor conviction under 411.0729. Picking up a new conviction or non-traffic deferred during the period resets the clock.
The waiting period is calculated from the date of dismissal and discharge — not the date of the original offense or the date deferred adjudication began. Filing one day early is a denial.
| Offense Category | Waiting Period After Discharge |
|---|---|
| Class C misdemeanor (automatic under 411.072) | 180 days from date of discharge |
| Class A/B misdemeanor deferred (non-disqualified) | No waiting period for most |
| Misdemeanor involving family or sexual contact (deferred) | 2 years from date of discharge |
| Felony deferred adjudication (non-disqualified) | 5 years from date of discharge |
| First-offense misdemeanor conviction under 411.0729 | 2 years after completion of sentence |
A key trap: the waiting period resets if you pick up a new conviction or deferred adjudication (other than a minor traffic offense) during it. If your background in the last five years includes any new case, verify carefully that the waiting period still runs from the original discharge date.
Every Form You Must Draft
In short: The non-disclosure packet centers on a Petition for Order of Non-Disclosure that cites the correct Section 411 subsection and pleads completed supervision, the elapsed waiting period, no intervening convictions, and that sealing is in the best interest of justice. You also draft the proposed Order of Non-Disclosure (the judge signs what you write), the Civil Case Information Sheet required by TRCP 78a, a certificate of service on the State, an optional indigency Statement under TRCP 145, and a Notice of Hearing. The OCA's sample 411.0725 petition is a starting point, not a fill-in-the-blank template.
1. Petition for Order of Non-Disclosure
Your core pleading. Must identify the correct subsection of Gov. Code 411, plead that you completed community supervision, that the waiting period has run, that no intervening convictions exist, and that issuance is in the best interest of justice. Must include: full legal name, case number, offense, date of offense, date of dismissal and discharge, and the court of original jurisdiction.
2. Proposed Order of Non-Disclosure
Drafted by you. The order directs DPS to seal the record from public disclosure and directs the court clerk to notify all Texas criminal justice agencies with the record. Like expunction, the judge signs what you draft — a defective order produces defective sealing.
3. Civil Case Information Sheet
Required under TRCP 78a. The clerk will bounce the filing without it.
4. Certificate of Service on the State
Proof that you served the prosecuting DA or county attorney. Attach to the petition at filing.
5. Statement of Inability to Afford Payment of Court Costs (optional)
Same indigency waiver rules as expunction under TRCP 145. Stricter than most filers expect.
6. Notice of Hearing
When the court sets the best-interest hearing, you must notify the State in writing at least 30 days before the hearing.
The Texas Office of Court Administration publishes a sample petition under 411.0725. It is a starting point, not a fill-in-the-blanks template. Every case has facts that require custom pleading — the date of discharge, the offense's classification under 411.074, and the best-interest argument all require drafting.
The 12-Step Pro-Se Walkthrough
In short: The pro-se non-disclosure process runs from confirming the offense is not excluded and checking the judgment for a family-violence finding, through picking the correct statutory pathway, calculating the waiting period from discharge, confirming no intervening cases, drafting the petition and matching order, filing in the court of original jurisdiction, serving the State, attending the best-interest-of-justice hearing, and delivering the signed order to DPS. Pulling a current DPS criminal history before filing matters because an intervening case catches about 15 percent of filers off guard. Because private vendors are not required to purge a sealed record, you may have to dispute reappearances under the Fair Credit Reporting Act for years.
Step 1 — Confirm the offense is not statutorily excluded
Pull your deferred adjudication judgment. Check for any family-violence finding. Verify the offense is not on the 411.074(b) excluded list. If excluded, stop — non-disclosure is not available.
Step 2 — Identify the correct statutory pathway
Work through the five pathways above. Most DIY filers land on 411.0725 (petition-based for deferred). If automatic non-disclosure applies, you may not need to file anything — though in practice the "automatic" issuance fails often enough that a petition is sometimes the faster route.
Step 3 — Calculate the waiting period from discharge
Pull the exact discharge date from the court docket. Add the statutory waiting period. Filing one day early is a denial.
Step 4 — Confirm no intervening convictions or deferreds
Any new conviction or deferred adjudication (other than a qualifying traffic offense) during or after community supervision typically disqualifies. Pull a current criminal history from DPS before filing. This alone catches about 15% of DIY filers off guard.
Step 5 — Draft the Petition for Order of Non-Disclosure
Cite the specific Gov. Code section. Plead all required elements. Include a short best-interest-of-justice paragraph explaining why sealing serves justice — this is not boilerplate. Judges read it.
Step 6 — Draft the Proposed Order of Non-Disclosure
Match the petition language verbatim. The order must list the clerk's obligation to notify DPS within 15 business days of signing.
Step 7 — File the petition in the court of original jurisdiction
Non-disclosure petitions go to the same court that handled the deferred — not a new court. For Class C deferreds, that is usually a municipal or JP court; for Class A/B deferreds, a county court at law; for felony deferreds, a district court. Filing in the wrong court is a clean denial.
Step 8 — Serve the State
The prosecuting DA or county attorney gets a copy of the petition. Most counties require certified mail or e-service through the portal. Keep proof of service.
Step 9 — Wait for the State's response
The State has time to respond and may request a hearing. Best-interest-of-justice petitions under 411.0725 are almost always set for hearing as the default, even if the State does not object. Plan on a hearing.
Step 10 — Attend the best-interest-of-justice hearing
This is the single biggest procedural difference between non-disclosure and expunction. See the dedicated section below.
Step 11 — Collect and deliver the signed order to DPS
Within 15 business days of signing, the clerk forwards the order to DPS. DPS then notifies other criminal justice agencies. Pull a certified copy for your own records and confirm with DPS that the order has been processed 45 days after signing.
Step 12 — Follow up with background-check vendors
Private vendors are not bound by the non-disclosure order the way they are by an expunction. They must stop disclosing the sealed record, but they are not required to purge it from their database. When the record shows up on a background check after sealing, you dispute it under the Fair Credit Reporting Act, attaching a certified copy of the order. This is a task you will likely do periodically for years.
The eFileTexas Nightmare — Watch This Before You Start
In short: The same eFileTexas portal that handles expunctions handles non-disclosures, with the same envelope rejections, filing-code traps, and formatting pitfalls. Non-disclosure-specific traps include selecting the correct court of original jurisdiction (the portal will not warn you if you pick wrong), handling counties that require reopening the original criminal case versus opening a new civil matter, using the exact filing code (a "Petition for Order of Non-Disclosure" is not a "Motion to Seal"), and manually flagging the petition to be filed under seal where a county requires it.
The same portal that handles expunction filings handles non-disclosure petitions. Same interface, same envelope rejections, same filing-code traps. This is the walkthrough video for the eFileTexas portal — worth 10 minutes before you spend your first weekend drafting a petition.
Non-disclosure-specific e-filing traps:
- Court selection. Non-disclosures go to the court of original jurisdiction. If your deferred was in county court at law, the non-disclosure must be filed there — not district court. The portal does not warn you if you pick the wrong court.
- Case reopening vs. new filing. Some counties require you to reopen the original criminal case to file the non-disclosure petition. Others treat it as a new civil matter. The portal interface is different in each mode.
- Filing code specificity. "Petition for Order of Non-Disclosure" is not the same as "Motion to Seal." Wrong code, wrong queue, weeks of delay.
- Sealed filings. Some counties require the non-disclosure petition itself to be filed under seal so the petition does not become a public record of the underlying case. The portal does not default to sealed — you have to flag it manually.
The Best-Interest-of-Justice Hearing
In short: Under Section 411.0725 the court must affirmatively find that sealing is in the best interest of justice, and the petitioner carries the burden, so the hearing is not a rubber stamp. A typical 15-to-30-minute hearing requires evidence of rehabilitation, the specific prejudice the visible record causes (denied housing, employment, or licensing), proof of full compliance with supervision, and sometimes supporting testimony, with the State able to cross-examine. Pro-se filers lose routinely by under-preparing, and a denied best-interest petition typically triggers a 2-plus-year wait before a credible refile.
Under 411.0725, the court must find that issuance of the non-disclosure order is in the best interest of justice. That is not a rubber stamp. The petitioner has the burden, and the judge expects a presentation — not just a proposed order.
A typical best-interest hearing runs 15–30 minutes. The petitioner presents:
- Evidence of rehabilitation — employment, education, community involvement
- Evidence of the specific prejudice caused by the continued public visibility of the record — denied housing, denied employment, denied licensing
- Evidence of full compliance with all conditions of community supervision
- Testimony, sometimes from family members, employers, or counselors
The State may cross-examine. Judges routinely deny best-interest petitions when the presentation is thin — a pro-se filer who shows up without exhibits, without a prepared narrative, and without articulating the specific harm caused by the record is at high risk of denial. A denied best-interest petition typically triggers a waiting period of 2+ years before a refile is credible.
DIY filers almost always under-prepare. They treat the hearing like a formality and show up with no exhibits, no witnesses, and no narrative. The judge is looking for a reason to say yes — but you have to give it to them. A hearing is not the place to explain that "my life is hard without this sealed." It is the place to produce W-2s, letters from employers, certificates from programs, and a clear narrative of how sealing will unlock a specific next step.
Don't Walk Into the Hearing Alone.
The best-interest hearing is where DIY non-disclosures go to die. We prep the petition, identify the right statute, file cleanly, and build the hearing presentation — exhibits, declarations, the whole packet. Flat fee. Money-back guarantee.
What "Sealed" Actually Means — and Doesn't
In short: After the judge signs, the clerk forwards the order to DPS within 15 business days, DPS flags the record as non-disclosed within about 45 to 90 days and notifies other Texas criminal justice agencies, and private vendors that subscribe to the updated feed stop reporting it within roughly 90 to 180 days. Crucially, a non-disclosure does not erase the record, does not bind law enforcement, prosecutors, or courts, and does not bind the licensing boards listed in Section 411.0765 -- including the educator certification board, the Medical Board, and the Board of Nursing. It also does not reach federal records or force private vendors to purge their databases.
Assume the judge signs the order. What actually happens next?
Within 15 business days
The court clerk forwards a copy of the order to DPS.
Within 45–90 days
DPS updates its criminal-history system to flag the record as non-disclosed. DPS then notifies other Texas criminal justice agencies — prosecutors, police departments, jails — to apply the same restriction.
Within 90–180 days
Private background-check vendors that subscribe to DPS's updated data feed pick up the sealing and stop reporting the record. Vendors that pulled the record before sealing may continue to display it until they refresh — usually 30–90 more days.
What the order does not do
- It does not erase the record. The record still exists in DPS and court files; it is flagged as non-disclosed.
- It does not bind law enforcement, prosecutors, or the courts. They retain full access.
- It does not bind certain licensing boards — specifically boards listed in Gov. Code 411.0765, including the State Board for Educator Certification, the Texas Medical Board, the Texas Board of Nursing, the Texas Department of Family and Protective Services, and several others. These boards can still see the record in background checks.
- It does not erase federal records. FBI, ICE, DEA, and other federal agencies keep their copies.
- It does not require private vendors to purge. They must stop disclosing but can retain the record in their database.
Meaning: a non-disclosure helps enormously with general employment, housing, and civic life — but does not help at all if you are applying for a teaching credential, a nursing license, or a federal security clearance. Know what you are buying.
10 Mistakes That Get Non-Disclosures Denied
In short: Common pro-se errors include filing on a statutorily excluded offense, missing a family-violence finding on the judgment, citing the wrong Section 411 subsection, filing before the discharge-based waiting period runs, having an intervening conviction or deferred, filing in the wrong court, and putting on a weak best-interest showing without exhibits or a narrative. Failing to serve the State voids the petition under 411.0725, and a proposed order that does not mirror the petition gives agencies an excuse not to apply the seal. Assuming an automatic non-disclosure will post without follow-up is also a trap, since 411.072 and 411.0726 often require a motion to compel.
- Filing on a statutorily excluded offense. The filer reads a blog post, misses 411.074(b), and files on a family-violence case. Automatic denial.
- Missing a family-violence finding on the judgment. The offense itself is not excluded, but the judge entered a family-violence affirmative finding at sentencing. Read the judgment carefully.
- Wrong statutory section. Citing 411.0726 (automatic) when your case falls under 411.0725 (petition-based), or vice versa. Technical denial.
- Filing before the waiting period runs. Counted from discharge date, not offense date. One day early is a denial.
- Intervening conviction or deferred during or after supervision. Automatic disqualifier and most DIY filers do not pull their current criminal history before filing.
- Filing in the wrong court. Must be court of original jurisdiction. County court, district court, or municipal court — depending on the original offense level.
- Weak best-interest-of-justice showing. The hearing is won with exhibits and a narrative, not with a recitation of the statute. Unprepared filers lose routinely.
- Not serving the State. Gov. Code 411.0725 requires service on the State. No service, no valid petition.
- Proposed order does not mirror the petition. Any gap between what you pled and what the order directs creates an enforcement ambiguity the agencies use as an excuse not to apply the seal.
- Assuming the automatic non-disclosure will happen without follow-up. The automatic sections (411.072 and 411.0726) rely on DPS and the clerk doing their jobs on time. They often do not. If the sealing does not post within 90 days, you will need to file a motion to compel.
DIY vs. Attorney vs. Expunction360
In short: DIY costs only the $450 filing fee but demands 40 to 80 hours, requires you to research 411.074 and pick the pathway yourself, and carries a high denial risk -- especially because you face the best-interest hearing alone. A traditional Texas attorney charges $1,500 to $4,000 plus filing fee and appears at the hearing, while Expunction360 charges a flat fraction of that, prepares the hearing packet for you to present, and backs it with a money-back guarantee; Harris County adds a second $450 fee. This is the one area the firm says a full-service attorney may be worth the extra cost in contested best-interest cases.
| Pro Se (DIY) | Texas Attorney | Expunction360 | |
|---|---|---|---|
| Filing fee | $450 | $450 | $0 |
| Professional fee | $0 | $1,500–$4,000 | Flat, fraction of attorney cost |
| Your time commitment | 40–80 hours | ~2 hours (intake + hearing) | ~30 minutes (intake call) |
| Eligibility screening | Your research on 411.074 | Handled | Handled |
| Statutory pathway selection | Your call | Handled | Handled |
| Best-interest hearing prep | You alone | Attorney appears | We prepare the packet; you present |
| Risk of denial | High | Low | Low (money-back guarantee) |
| Follow-up with DPS | You | Handled | Handled |
Disclaimer: Filings in Harris County include an additional $450 filing fee.
Non-disclosure is the one area where we tell people honestly that a full-service attorney may be worth the extra cost compared to our flat-fee model — specifically in contested best-interest cases. For uncontested and automatic cases, our service is the best value in Texas. Call us and we will tell you which category you fall in.
Texas House Bill 4504 (88th Legislature, 2023, effective January 1, 2025) was a non-substantive recodification of much of the Texas Code of Criminal Procedure. For expunctions, it relocated the rules from old Chapter 55 to new Chapter 55A and renumbered the relevant articles. The substantive eligibility rules and waiting periods were largely preserved — but every petition filed after January 1, 2025 should cite the new Chapter 55A numbering, and outdated templates that still cite Chapter 55 are a common reason for clerk rejection in Texas courts.
Will an Expunction Remove a Case From Google Search Results?
In short: No -- not directly -- because a Chapter 55A expunction order is aimed at government agencies, not at Google, news sites, or private background-check vendors, so it does not by itself command any online listing to be deleted. In practice the listings almost always fade: once DPS, the arresting agency, the clerk, and other respondents destroy their copies, the third-party data brokers that scraped them lose their source and decay over weeks and months, and many remove an entry when sent a certified copy of the signed order. Companies like Checkr, HireRight, and Sterling must keep reasonable accuracy procedures under the federal Fair Credit Reporting Act, the legal basis for demanding removal once a record is expunged.
The honest answer is no — not directly — but in practice the listings almost always fade. A Texas expunction order is directed at government agencies. Under Code of Criminal Procedure Chapter 55A, the court orders the Texas Department of Public Safety, the arresting agency, the district clerk, and every other named respondent to destroy or return their records. That order does not, by itself, command Google, a news site, or a private background-check vendor to delete anything.
Here is what actually happens. Most criminal records that surface in a Google search are republished by third-party data brokers and mugshot sites that originally scraped them from public court and jail databases. Once the underlying agencies destroy their copies under the expunction order, those third-party feeds lose their source. Over the following weeks and months the listings typically decay, and many vendors will remove an entry outright when you send them a certified copy of the signed expunction order. Major background-check companies such as Checkr, HireRight, and Sterling must maintain reasonable procedures for accuracy under the federal Fair Credit Reporting Act — the legal basis for demanding removal once a record is expunged.
So an expunction is still the most powerful tool for cleaning up an online criminal record; it simply reaches search engines indirectly. See if your record qualifies with a free review — Expunction360 serves every required agency and gives you certified copies of the order to send to any site still showing the case.
Frequently Asked Questions
Expunction (Chapter 55A CCP) destroys the record — agencies are required to physically purge files. Non-disclosure (Gov. Code 411) seals the record from most public and private disclosure but does not destroy it. Law enforcement, prosecutors, and certain licensing boards (education, healthcare, criminal justice) retain access. Non-disclosure is the weaker of the two remedies and is typically the fallback when expunction is not available.
You cannot avoid the district clerk's filing fee ($450) unless you qualify as indigent under Texas Rule of Civil Procedure 145. "Free" means you skip the attorney or preparation fee by drafting and filing the petition yourself. Certified mail to the State's attorney and certified copies of the signed order add another $50–$150 in out-of-pocket costs.
Under Gov. Code 411.074(b), non-disclosure is not available for offenses requiring sex offender registration, aggravated kidnapping, murder, capital murder, trafficking of persons, injury to a child/elderly/disabled, abandoning or endangering a child, any family violence offense or protective-order violation, stalking, and certain DWI offenses with BAC of 0.15 or higher. Always check 411.074 before drafting.
Often, yes — unlike expunction. Petition-based non-disclosures under 411.0725 typically require a best-interest-of-justice hearing where the petitioner must show why sealing serves justice. Automatic non-disclosures under 411.072 and 411.0726 do not require a petition or hearing at all if the conditions are met.
For certain qualifying offenses with no intervening conviction, Texas law now provides automatic non-disclosure — the court or DPS seals the record without a petition. The two main pathways are Gov. Code 411.072 (automatic Class C deferred) and 411.0726 (automatic non-disclosure for certain first-offense deferreds completed after Sept. 1, 2017). Eligibility is narrow and requires fact-checking.
It should not, after DPS and private vendors update their data. But during the 90–180 day lag, stale reports sometimes show the record. If that happens, dispute the report under the Fair Credit Reporting Act with a certified copy of the non-disclosure order. Most vendors correct it within 30 days of dispute.
Yes. Under Gov. Code 411.0765, licensing boards for education (SBEC), healthcare (Medical Board, Board of Nursing, Board of Pharmacy), criminal justice (TCOLE), and certain financial sectors retain access to sealed records. If you are applying for a license in any of these areas, a non-disclosure will not hide the record from the licensing authority.
Best case, 4–6 months from filing to DPS update. Typical pro-se timelines run 7–12 months after accounting for portal rejections, hearing delays, and post-signing DPS lag. A denied best-interest hearing often pushes total resolution past 18 months.
Each Texas county has its own procedural quirks — which court handles petitions, whether the petition reopens the original case or opens a new civil matter, whether best-interest hearings are set as the default. We maintain county-specific guides, including Dallas County, for the largest metros. The full list is on our landing page.
One Shot. Do It Right.
A denied non-disclosure under 411.0725 can cost you 2+ years before a viable refile. We handle the petition, the hearing prep, the DPS follow-up, and confirmation with background-check vendors. Flat fee. Money-back guarantee if the court denies a properly prepared petition.