"I did probation" describes two very different things in Texas, and which one you did determines how — and when — the record can be sealed. Brian Foley explains in this video.
Step 1 — Which kind of probation?
Deferred adjudication. You pleaded guilty or no contest, the judge deferred a finding of guilt, and placed you on community supervision. On successful completion the case was dismissed — no conviction. Your judgment will say "deferred adjudication."
Conviction probation. You were found guilty, sentenced to jail time, and the sentence was probated — suspended in favor of community supervision. On completion, the conviction remains. Your judgment will say "judgment of conviction" with a probated sentence.
Step 2 — Which statute?
Deferred, first offense, most misdemeanors — § 411.072 (automatic). The court seals it at discharge if you had no prior convictions or deferreds and the offense is not excluded. Many people do not realize this has already happened; a records check confirms it.
Deferred, other misdemeanors — § 411.0725 (petition). No waiting period for most; two years for offenses under Penal Code Chapters 20 (kidnapping), 21 (sexual offenses not requiring registration), 22 (assault), 25 (family offenses), 42 (disorderly conduct), 43 (public indecency), and 46 (weapons).
Conviction probation, first offense — § 411.073 (petition). Available since 2017 for a misdemeanor conviction with probation if you have never been convicted of or placed on deferred for anything else (fine-only traffic offenses excepted). Waiting period: immediate for most, two years for the Chapter 20–46 group.
Step 3 — Did you "successfully complete"?
Nondisclosure requires that you completed the supervision and received a discharge and dismissal (deferred) or discharge (conviction probation). A revocation, or an early termination that was not a discharge, changes the analysis. Fines, costs, and restitution must be paid.
The exclusions
Family-violence findings, sex offenses, and the other § 411.074 categories cannot be sealed regardless of the type of probation. A conviction for any other offense during the waiting period disqualifies you.
If you finished a misdemeanor probation in Harris County, there is a good chance the record can be sealed and a fair chance it already should have been. Call or text (713) 703-1718 and we will check.