How it works in Texas
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Get Fingerprinted
Visit your local police or sheriff's station and have your fingerprints taken.
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Request your Record
Complete and submit your application to request an official copy of your criminal history record from the Texas Department of Public Safety.
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Review your Record
Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.
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Request Certified Documents
Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.
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Verify the Final Documents
Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.
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Prepare your Petition
Complete the petition based on the type of charge and outcome you are seeking. Under Tex. Gov't Code § 411.071 and the related sections, the waiting periods are tiered: certain arrest records require one year to pass, certain misdemeanor convictions require one year while others require two years, and certain felony convictions require five years — confirm the applicable wait for your charge class before submitting.
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Finalize your Petition
Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.
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File your Expeal Request
File the petition with the court that handled the case.
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Work with the Court
After the Texas court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.
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Receive the Court's Order
Once the judge rules, the court issues a written order either granting or denying your petition for nondisclosure. Review the order's terms carefully — they spell out exactly which records are covered and that the outcome is a sealing under Tex. Gov't Code § 411.071+ (record hidden from public view, not destroyed). Keep a certified copy for your own files.
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Verify the Record is Sealed
Under Tex. Gov't Code § 411.071 and the related sections, the Texas Department of Public Safety and the original arresting agency update or restrict access to the records covered by the order. If a background-check provider later produces an outdated report, your certified copy of the court's order is your authoritative reference. Confirm with the clerk of court and the arresting agency that their records reflect the order as well.
If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.
Official agencies
- Texas Judicial Branch's page on Orders of Nondisclosure
- Texas Legal Services Center's page on Nondisclosure Orders and Sealing Your Criminal Record
Court forms
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