Sealing Your Records

An Expunction vs. Sealing your Record Sealing a record is often confused with an expunction. The term sealing, when relating to deferred adjudication in Texas, applies to one instance of a deferred adjudicated charge that did not result in a conviction and for which the case was dismissed. Sealing a record means that you can have the record sealed from public inspection. In Texas you have to wait 10 years after your case was dismissed for Felonies and 5 years for Misdemeanors so that you can seal your record.

After you seal your record there will still be a record that is available for private inspection by a state agency or an exempt entity. It does not mean that your record will remain sealed because your record is still available for the Texas Legislature. The danger is that during the course of a subsequent Texas session a bill can be authored to unseal everyone’s record.

An expunction is more than a sealing, an expunction means that your record is completely destroyed. Having no record would solve many of the problems that people have in finding employment and housing. Currently it is not possible to get an expunction for charges resulting in deferred adjudication.

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