How Soon Can You Expunge a Dismissed Case in Texas?

February 26, 2026

A dismissed case still shows up on background checks — but Texas law allows you to erase it permanently if you file at the right time.

You walked out of court with your case dismissed — relief hits immediately.

Then the next job application comes. Suddenly you realize something frustrating: the arrest is still there.

In Texas, a dismissal does not remove your criminal record. Employers, landlords, and background check companies can still see it until you file for an expunction. And filing too early can cause the court to deny your petition entirely.

So the real question becomes:
When are you legally allowed to clear it? 

The answer depends on several factors and timing matters more than most people think.

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Why a Dismissed Case Does Not Automatically Disappear
Texas keeps arrest records even if you were never convicted.

That means background checks may still show:
  • The arrest
  • The charge
  • The booking information
  • The court case
The only way to permanently erase it is through an expunction, a legal process that orders every agency to destroy the records. But Texas law requires waiting periods first.


The Waiting Period Depends on the Charge Level
Your eligibility timeline is controlled by the statute of limitations. Basically the time the prosecutor had to re-file the case.

Class C Misdemeanor
  • Eligible after 180 days from the date of arrest.
Class A or B Misdemeanor
  • Eligible after 1 year from the date of arrest.
Most Felonies
  • Eligible after 3 years from the date of arrest.
If prosecutors could still legally re-file the case, the court will not grant an expunction yet.


When You May Not Have to Wait
Some dismissals qualify for immediate expunction eligibility, including:
  • Acquittal (not guilty verdict)
  • Wrong person arrested
  • Identity theft cases
  • Successful pretrial diversion programs
In these situations, you often can file right away.
Are You Eligible? Find Out Free!

Situations That Usually Do NOT Qualify

Many people are surprised to learn a dismissal alone is not enough if it involved:


  • Court-ordered probation
  • Deferred adjudication (except Class C)
  • Certain plea deals

Those cases typically qualify for nondisclosure (sealing) instead of expunction.


Why Filing Too Early Is a Big Mistake

Courts frequently deny expunction petitions simply because the waiting period was not over yet.


When denied, you must:


  • Pay filing fees again
  • Restart the process
  • Wait even longer

Correct timing is critical.


The Real Goal: Permanent Deletion

Once granted, an expunction requires:


  • Police departments
  • Courts
  • Jails
  • DPS databases
  • Background check companies

to permanently destroy the record. Afterward, Texas law allows you to legally deny the arrest occurred in almost all situations.


A dismissed case should not follow you for the rest of your life, but filing at the wrong time can delay clearing it by months or years.


Expungement.Legal, operated by Wyde & Associates, PLLC, helps Texans statewide determine eligibility and file expunctions correctly the first time. Check your eligibility today and take the first real step toward a clean record!