The steps
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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.
Certified copy fee: $5.00 — to certify each document, plus $1.00 a page for the copies (Travis County)
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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 form that fits your case. Each section of the law has its own form. Many cases have a waiting period, counted from the day you finish deferred adjudication, probation or your sentence. Many misdemeanors have no wait; some wait two years. A case for driving while intoxicated waits two to five years. A felony on deferred adjudication waits five years. Most felony convictions do not qualify. Check the wait for your case before you file.
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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 Petition for Nondisclosure
File the petition with the court that handled the case. You can file in person, online or by mail.
Filing fee: Varies by court — Texas law sets it at the court's fee to file a new civil case (Texas Government Code § 411.0745(b)). That is $350.00 in Travis County.
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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 it covers. Under Texas Government Code §§ 411.071 to 411.0775, the order hides those records from the public. It does not destroy them. Keep a certified copy for your own files.
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Verify the Record is Sealed
Under Texas Government Code §§ 411.071 to 411.0775, the Texas Department of Public Safety and the arresting agency seal the records the order covers. 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.
Help in Texas
- For Texas — Lawyer referral service: State Bar of Texas Lawyer Referral & Information Service
(800) 252-9690 Call from any phone - For Texas: Texas' legal aid directory →