TEXAS EXPUNGEMENT ATTORNEY

An expunction(expungement) is a court order that requires agencies to delete, destroy, or return records related to an arrest/case and to remove index references. The goal is to stop the arrest from showing up in background checks and court/agency record systems.

What expunction typically covers

• Arrest records, booking/jail records, court case jacket, prosecutor file, and agency indexes
• Records held by state depositories and many agencies listed in the court’s service list
• After the order is final, you may generally deny the arrest/case, with narrow exceptions

Statutes: Tex. Code Crim. Proc. arts. 55A.051–55A.054, 55A.351–55A.353.

An Order of Nondisclosure “seals” your criminal history from most public background checks. The record is not destroyed; it is restricted from public view.

Who can still see a sealed record?

• Law enforcement and criminal justice agencies
• Certain state licensing boards and agencies (depending on the profession)

Why choose nondisclosure?

• Some cases are not eligible for expunction but may be eligible to be sealed
• It can meaningfully improve employment/housing outcomes even when expunction isn’t available

Statutes: Tex. Gov’t Code ch. 411, subch. E-1.

Many expunctions or nondisclosures take about 6–8 weeks from filing to a signed order, but timing varies by county and court.

What affects the timeline?

• How quickly the court gives a setting or reviews proposed orders
• Whether the prosecutor responds or objects
• Notice/service requirements and agency processing after the order is signed

Reference: Arts. 55A.351–55A.353 (agency duties after an order is signed).

Sometimes, yes —but a dismissal by itself doesn’t automatically guarantee expunction. Eligibility depends on why the case was dismissed and whether any statutory “bars” apply.

Common dismissal-based grounds (art. 55A.053(a)(2)(A)–(E))

• Completion of a pretrial intervention/diversion program
• Mistake of fact, false information, or other reason indicating absence of probable cause at the time of dismissal
• Charging instrument was void or other listed statutory grounds
• Released, not convicted, not pending, and no disqualifying community supervision (Class C is treated differently)

Common bars that can block expunction

• Still subject to prosecution for another offense arising from the same criminal episode
• Absconding after release on bond or certain warrant issues

Statutes: Arts. 55A.051, 55A.053(a)(2), 55A.151–55A.154.

A limited expunction(sometimes called a “partial expunction”) is still an expunction order, but it includes a narrow retention carve-out. Practically: your record can be cleared from many public-facing places, while the prosecutor and/or law enforcement may be allowed to retain limited records for limited statutory purposes.

Important: Whether limited relief is appropriate depends on the exact facts (charge, disposition language, same-transaction issues, and prosecutor position). We verify eligibility before filing.

Reference: Tex. Code Crim. Proc. art. 55A.302 (limited retention situations).

Often, yes. If no charging instrument was presented, Texas law provides waiting-period pathways. The clock generally runs from the date of arrest.

No charging instrument filed — common waiting periods (art. 55A.052(a))

• Class C: 180 days(if no felony charge arose out of the same transaction)
• Class B/A: 1 year(if no felony charge arose out of the same transaction)
• Felony (or related felony): 3 years
• Possibly earlier if the prosecutor certifies the records are not needed for investigation/prosecution

Other routes

• Limitations-based route may apply in some cases (art. 55A.054)

Common bars

• A case is still pending from the arrest, or there is a disqualifying conviction from the same transaction
• Absconding after release on bond (art. 55A.154)

Statutes: Arts. 55A.052, 55A.054, 55A.154.

Many fine-only Class C cases can be expunged depending on the disposition (dismissal, deferred disposition, no complaint filed, acquittal, or pardon). These are often filed in the justice or municipal court that handled the citation.

Common Class C paths

• Deferred disposition → dismissal → expunction
• No complaint filed + 180 days since arrest (when applicable)
• Acquittal or pardon

Helpful documents to provide

• Citation number / cause number, arrest date, arresting agency
• Dismissal paperwork or municipal “case status” letter

Statutes: Arts. 55A.051, 55A.052, 55A.252.

Some first-offender misdemeanors can qualify for an automatic nondisclosure after successful deferred adjudication, but many offenses require a petition or are excluded.

General requirements (Gov’t Code § 411.072)

• Misdemeanor; deferred adjudication completed
• First offender (fine-only traffic is treated differently)
• At least 180 days from placement on deferred

Common exclusions

• DWI/BWI(covered under separate statutes)
• Offenses in certain Penal Code chapters or where the judge finds nondisclosure is not in the interest of justice

Statute: Tex. Gov’t Code § 411.072.

DWI/BWI sealing depends heavily on (1) whether the case was deferred or a conviction, and (2) disqualifiers such as accidents, BAC, CDL, and enhancements.

Deferred DWI/BWI — § 411.0726

• First offender; discharged/dismissed; typical 2-year wait

• No accident, no CDL/CLP, no BAC ≥ 0.15, no § 49.09 enhancement

DWI conviction + probation — § 411.0731

• First-offender Class B; all fines/costs paid
• Wait 2 years with qualifying interlock conditions, otherwise 5 years

DWI conviction without probation — § 411.0736

• Certain first-offender Class B after sentence completed
• Wait 3 years with interlock, otherwise 5 years

Statutes: §§ 411.0726, 411.0731, 411.0736; global disqualifiers § 411.074.

Many misdemeanor convictions can be sealed if you qualify and there are no global disqualifiers. The waiting period (if any) depends on the offense category and whether you received probation.

Conviction + community supervision — § 411.073

• Completed probation; fines/costs paid
• Immediate for many; 2-year wait for certain Penal Code chapters

Confinement (no probation) — § 411.0735

• Fine-only: immediate; otherwise commonly 2 years

Global disqualifiers — § 411.074

• Certain serious offenses and many offenses involving family violence
• New non-traffic convictions/deferred during probation or the waiting period

Statutes: §§ 411.073, 411.0735, 411.074.

Deferred adjudication cases are commonly eligible for nondisclosure after discharge/dismissal, but the waiting period depends on the offense type and whether the offense falls into restricted categories.

Misdemeanor deferred — § 411.0725

• Deferred adjudication → discharged/dismissed
• Immediate at discharge for many; 2 years for certain Penal Code chapters
• DWI/BWI uses § 411.0726

Felony deferred — § 411.0725(c)

• Typical 5-year wait after discharge for eligible cases

Statutes: §§ 411.0725, 411.0726, 411.074.