GUIDE
Texas Expunction Under Chapter 55A: A Renter’s Starting Point
Texas expunction law is in Code of Criminal Procedure Chapter 55A. Who qualifies comes down to the facts of the case and which part of the law applies. A dismissal alone doesn't settle it.
What this guide covers
- How expunction differs from nondisclosure
- What to gather before you talk to a lawyer or clinic
- How to keep your apartment search going during a legal process
Know which result you want
Expunction and nondisclosure are different court orders. Don't pay for a service that uses “seal,” “clear” and “erase” like they mean the same thing. A good service explains the court process and exactly what it will ask the court for.
Get ready to find out if you qualify
List each arrest and case number, the court, the final outcome, key dates and any related cases. Gather the disposition and orders you already have. If documents are missing, ask the clerk of the court that handled the case how to get copies. The right office depends on the court. It isn't as simple as felony versus misdemeanor.
Ask a lawyer or clinic which part of Chapter 55A could apply and what waiting periods or time limits matter. Find out where the petition gets filed and which agencies it has to name. Filling out an online form doesn't mean you qualify.
Keep housing and legal timelines separate
Your housing deadline may come before the court rules on a petition. Keep your apartment search going with us as you get legal advice. We check each property's current criteria against your record as it stands today. Once you have an order, save it, and follow up if a report still shows something that shouldn't be on it anymore.
Start with the Texas State Law Library's expunction and nondisclosure guide, which links to the statutes and other resources. Use Local Help to find legal help near you. We help with apartment locating, but we don't file petitions or represent anyone in court.
Published by the Felon Friendly Apartment Team. This is general renter information. Each property makes its own decisions, and questions about your own case belong with a lawyer or legal aid.
Common Questions
What does an expunction do in Texas?
It clears eligible arrest records so they're no longer public. Nondisclosure is a different order. It limits who can see a record but doesn't destroy it.
Can an expunged case still show up on a tenant report?
It can. A screening company may still have old data. Save the report and your order, then use the company's official dispute process.
How do I know if I qualify?
A lawyer or legal aid clinic can look at your record and tell you which part of Chapter 55A, if any, fits. Bring your case numbers, outcomes and key dates.
Ready to Start Your Apartment Search?
Our help is free to renters. Participating communities may pay our brokerage a referral fee. Tell us what you need, and we'll check each community's criteria against your record.
More renter help
Use renter checklists and budget tools · Browse the guide library