If you’ve ever been arrested in Texas—even if you weren’t convicted—there’s a good chance that your record is still out there, visible to employers, landlords, and licensing boards. And that lingering stain can create roadblocks for years. But here’s the good news: expungement Texas law allows certain individuals to completely erase qualifying arrests or charges from their record. That’s right—erased, not just sealed.
This article explores expungement Texas law in plain, easy-to-understand language. We’ll dig into who qualifies, how the process works, and why it could be a game-changer if you’re looking for a fresh start. Along the way, we’ll share real-life stories and break down complex legal rules into relatable advice. Whether you’re facing the consequences of an old mistake or helping a loved one get back on track, this is your guide to understanding expungement under Texas law.
What Is Expungement Under Texas Law?
A True Clean Slate
In Texas, expungement (also called expunction) is a legal process that erases an arrest or criminal charge from your record. Once granted, it’s like it never happened. Records are destroyed. Courts and law enforcement agencies are ordered to wipe out all traces of the incident.
Under expungement Texas law, once an expunction is complete:
- You can legally deny the arrest occurred—even under oath
- Background checks won’t reveal the expunged case
- The information is removed from public court databases and law enforcement files
It’s not the same as a pardon or a deferred adjudication. This is total legal deletion.
Who Qualifies for Expungement in Texas?
Not Everyone—But You Might Be Surprised
Here’s where expungement Texas law gets both hopeful and a little complicated. You may qualify for expunction if:
1. You Were Arrested but Never Charged
If you were arrested but no formal charges were filed, and enough time has passed, you may be eligible. The required waiting period depends on the offense level:
- Class C misdemeanors: 180 days
- Class A/B misdemeanors: 1 year
- Felonies: 3 years
However, there are exceptions. If you can show that charges won’t be filed or the statute of limitations has expired, you may qualify sooner.
2. Your Case Was Dismissed
If charges were filed but the case was later dismissed without conviction, you may qualify for expungement after a waiting period.
3. You Were Found Not Guilty
If you went to trial and were acquitted, you can petition for expungement immediately—no waiting.
4. You Received a Pardon
If you were convicted but later pardoned by the Governor of Texas or the President of the United States, you can file for expungement of that conviction.
5. You Completed a Pretrial Diversion or Intervention Program
If you entered a pretrial diversion program and successfully completed it, you may qualify for expungement after a waiting period, depending on the county.
6. You Were a Victim of Identity Theft
If someone else committed a crime using your name or identifying info, and you were mistakenly arrested, you’re eligible for an immediate expungement.
Understanding who qualifies is a huge part of navigating expungement Texas law effectively—because one wrong assumption could cost you months or even years.
Real-Life Example: Jessica’s Wrongful Arrest
Jessica was driving through Fort Worth when she was pulled over for a broken taillight. During the stop, officers realized her name matched a warrant from another county. She was arrested and booked before it became clear that the warrant was for a different Jessica entirely.
Although the charges were dropped, Jessica’s arrest remained on her record—and showed up every time she applied for jobs. After consulting a lawyer, she filed for expungement under expungement Texas law for mistaken identity. Within six months, her record was cleared, and she finally got the teaching job she’d been waiting on.
Her story shows just how powerful expungement can be—and how many people qualify without even realizing it.
Who Does Not Qualify for Expungement in Texas?
The Limits of the Law
As generous as expungement Texas law can be, it doesn’t cover everything. You typically cannot get an expungement if:
- You were convicted of the offense (unless you received a pardon)
- You received deferred adjudication for anything other than a Class C misdemeanor
- You have multiple charges, even if one was dismissed
- Your case involved a repeat offense or criminal episode with multiple charges
- You violated a plea agreement or failed to complete a court-ordered program
In some cases, you may still be eligible for a nondisclosure order (which seals the record but doesn’t destroy it). But true expungement? That’s reserved for narrow circumstances under Texas law. Criminal Defense Attorneys often help clients navigate these limitations and determine the best legal path—whether it’s expungement, nondisclosure, or another form of relief.
The Expungement Process in Texas
Step-by-Step Guide
Once you’ve determined you qualify under expungement Texas law, here’s how the process typically unfolds:
Step 1: Gather Documents
Start with your:
- Arrest report
- Case number(s)
- Court dismissal or disposition records
- Fingerprint card (often required)
A lawyer can help you collect these or request them from the proper agencies.
Step 2: Draft and File a Petition
You’ll need to file a Petition for Expunction in the district court where the arrest occurred. This document lays out the legal grounds for your request and includes all necessary identifiers.
Step 3: Serve Relevant Agencies
Once the petition is filed, you must serve notice to all agencies that have a copy of the arrest record:
- Police departments
- Sheriff’s offices
- District and county clerks
- DPS
- FBI (if applicable)
Step 4: Wait for the Hearing
Most courts will schedule a hearing within 30 to 60 days. At the hearing:
- The judge reviews the petition
- Agencies can object if they believe the expungement is improper
- If unopposed and legally valid, the judge grants the expungement
Step 5: Receive the Final Order
Once approved, you’ll receive a Final Order of Expunction. This is your legal document that orders all records to be destroyed.
The full process typically takes 2 to 6 months, depending on the court backlog and agency response time.
Real-Life Example: David’s Dismissed Charge
David, a 32-year-old mechanic in San Antonio, was arrested for a DWI after failing a breathalyzer. But the blood test later revealed he was under the legal limit. The prosecutor dismissed the case.
Even though he was never convicted, David still had the arrest on his record. His lawyer filed an expungement petition based on the dismissal. A few months later, the judge approved it, and the arrest was removed from his criminal history.
David now holds a commercial driver’s license and drives for a major delivery company—something that would have been impossible without the relief provided by expungement Texas law.
How Long Do You Have to Wait to File for Expungement?
The Waiting Game
Under expungement Texas law, the waiting period before filing a petition depends on the type and outcome of the offense. For a Class C misdemeanor, you generally must wait 180 days. If you were charged with a Class A or B misdemeanor, the waiting period increases to 1 year. For felony arrests that didn’t result in charges, you’ll typically need to wait 3 years. In cases where charges were dismissed, the timeline can range anywhere from immediate eligibility to 3 years, depending on the circumstances. If you were acquitted at trial or pardoned, you’re eligible for expungement immediately. However, it’s important to consult a lawyer before filing, as filing too soon—without meeting the statutory waiting period—can result in your petition being denied, wasting time and resources.
Cost of Filing for Expungement in Texas
What You Should Budget
Costs will vary depending on your location and whether you hire an attorney. Expect:
- Filing fees: $300–$500
- Attorney fees: $1,000–$2,500 (depending on complexity)
- Service fees: $50–$100 per agency served
- Fingerprint/background check: $15–$30
While this might sound like a lot, many people find that the cost is worth it to erase years of barriers to housing, employment, and peace of mind.
Can You Expunge a Juvenile Record in Texas?
Good News for Young Offenders
Yes, juveniles often have broader expungement rights under Texas law. You may qualify if:
- You were referred to juvenile court for a minor offense
- You were not found delinquent
- You’ve turned 18 or met the minimum age requirement
- Enough time has passed without new offenses
Even if the juvenile record is sealed automatically, filing for expungement can formally remove the incident—offering even stronger protection from background checks.
Expungement vs. Nondisclosure in Texas
Know the Difference
A nondisclosure order seals your criminal record from public view, meaning most employers, landlords, and private background check agencies can no longer access it. However, the record remains visible to law enforcement and certain licensing agencies, such as those overseeing healthcare, law, or education. This makes nondisclosure a practical alternative for individuals who don’t qualify for expungement under Texas law. When comparing expungement vs nondisclosure, the key difference is that expungement completely destroys the record, while nondisclosure simply hides it from most public access. The eligibility criteria for nondisclosure are generally broader, and the required waiting period typically ranges from 2 to 5 years, depending on the offense. If expungement isn’t an option in your case, a knowledgeable attorney may recommend pursuing nondisclosure to help protect your future.
Final Thoughts on Expungement Texas Law
Everyone makes mistakes—but those mistakes shouldn’t haunt you forever. Whether you were wrongly arrested, your case was dismissed, or you successfully completed a diversion program, expungement Texas law gives you the opportunity to hit reset.
The process takes time, paperwork, and sometimes a financial investment. But the payoff—a clean record and the ability to move forward—is life-changing.
If you think you might qualify, don’t wait. Consult a Texas expungement attorney, start gathering your documents, and take the first step toward putting the past behind you. The law is there to help you. You just need to use it.
