Ready for a Fresh Start? What You Need to Know About Expunctions in Texas

The Texas expunction law changed on January 1, 2025!

We all make mistakes—or sometimes, we’re in the wrong place at the wrong time. But that shouldn’t define your future. In Texas, there may be a way to wipe the slate clean through a legal process known as expunction. Whether you were wrongfully arrested, your case was dismissed, or you were found not guilty, an expunction may offer you the second chance you deserve. If you qualify, you may be able to erase your record completely through a legal process called an expunction.

What Is an Expunction?

An expunction (also called “expungement”) is one of the most powerful forms of post-arrest relief available under Texas law. It allows a person to permanently remove an arrest, charge, or even certain convictions from their criminal record. Once the court grants an expunction, the record is destroyed or returned to you, and you can legally deny the incident ever happened in most circumstances—including on job applications, housing forms, and loan documents.

Expunctions are governed by Chapter 55A of the Texas Code of Criminal Procedure, and while the law offers real relief, it also comes with strict eligibility rules and procedural steps. That’s why it’s important to understand whether you qualify—and to have the right advocate by your side.

Who Is Eligible for an Expunction in Texas?

Not every case qualifies, but if you fall into one of the following categories, you may be eligible to clear your name:

Your Charges Were Dismissed

If you were arrested but the case was dismissed and never refiled, you may be eligible—especially if the statute of limitations has passed or the prosecutor confirms that the case won’t be brought again.

You Were Found Not Guilty

If a judge or jury acquitted you at trial, you have an absolute right to petition for expunction of that charge.

You Were Arrested, but Never Formally Charged

If you were taken into custody but charges were never filed, Texas law allows you to seek an expunction.

You Completed Deferred Disposition on a Class C Offense

Unlike deferred adjudication for more serious offenses, some Class C misdemeanors that result in deferred disposition (not probation) are expunction-eligible after successful completion.

You Received a Pardon or Were Declared Innocent

If you’ve received a gubernatorial pardon or a court finding of actual innocence, you are entitled to an expunction of the related offense.

Important: If you received deferred adjudication for a Class A or B misdemeanor or felony, you are not eligible for expunction—but you may qualify for an Order of Nondisclosure, which seals the record from public view.

How Does the Expunction Process Work in Texas?

While it may sound straightforward, the expunction process is detailed and document-heavy. Now is the time to take action and we can help! A typical case follows these steps:

1. Drafting and Filing the Petition

The process begins by filing a Petition for Expunction in the district court in the county where the arrest occurred. The petition must be specific and accurate—it will be served to every agency involved in yobur arrest, from the police to the Texas Department of Public Safety (DPS).

2. Notifying Law Enforcement and Prosecutors

Once your petition is filed, each agency has the opportunity to object. Many do not—but when they do, a hearing may be required to resolve the issue.

3. Court Hearing

If needed, your attorney will present your case at a hearing before a judge. If the court agrees you meet the legal requirements, the judge will grant the expunction.

4. Order of Expunction

The court signs an official Order of Expunction, directing all agencies to delete, destroy, or return the records. Once this happens, you can legally answer “No” when asked if you’ve ever been arrested for that offense.

Don’t Let a Past Mistake Define Your Future

An old arrest or charge can cast a long shadow. But with an expunction, you have the opportunity to step out from under it—for good. Whether you’re applying for a job, a professional license, a loan, or just want peace of mind, clearing your criminal record can make a world of difference.

Call Today for a Free Consultation

If you think you may be eligible for an expunction—or aren’t sure—don’t wait. Time limits and legal nuances can make or break your case. Our team has successfully guided countless Texans through this process, and we’re ready to help you, too. Call Walker & Taylor, PLLC at (281) 668-9957 today to schedule a free consultation or contact us online!
Let us help you take the first step toward a clean slate and a brighter future.

What Does the Law Say?

Texas laws governing expunctions are found primarily in:

Texas Code of Criminal Procedure Art. 55A.001 – Applicability
Texas Code of Criminal Procedure Art. 55A.201 Subchapter A – E.
Texas Government Code § 411.081 – For comparison: nondisclosure orders

These statutes spell out the details, but the legal interpretation and proper execution of your rights can be tricky. Errors in the petition, missed deadlines, or incorrect filing can delay or even bar your chance at relief.

By: Walker & Taylor PLLC

DISCLAIMER: The information on this website does not contain legal advice or create an attorney-client relationship. Every case is different. This material is not a substitute for, and does not replace the advice or representation of, a licensed attorney.

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Ready for a Fresh Start? What You Need to Know About Expunctions in Texas

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