There is no statutory authority to seal or expunge adult convictions, including pardoned convictions, with the limited exception of convictions of victims of human trafficking.  Courts have discretion to order sealing of some non-conviction records and expungement of others, if the person has no prior convictions and no prior expungements, unless the charges arose under a long list of crimes of violence or sexual misconduct.  Records of “withheld” cases (deferred adjudication) may be sealed if the charges are otherwise eligible, and the person has no prior convictions or expungements. Notwithstanding other eligibility requirements, a person found to have acted in lawful self-defense may have the record expunged.  A 2019 law authorized the creation of an automated process for sealing eligible non-conviction records.

Expungement results in destruction of the record, while sealing permits limited law enforcement, employment, and licensing access.  Before petitioning a court to expunge a criminal record, a person must apply to the department of law enforcement for a certificate of eligibility.  Sealing is available to victims of human trafficking if their offense or alleged offense was related to the trafficking.  Juvenile records are generally confidential except for serious offenses, and expungement is available for non-judicial records of a first-offense non-violent misdemeanor, after successful completion of diversion.  Expungement for more serious juvenile adjudications is available once the person reaches the age of 26.