A criminal record can follow you for years—impacting job applications, housing opportunities, firearm rights, and even your personal relationships. In Texas, certain individuals may be eligible to expunge (erase) their criminal records under specific legal circumstances. However, the process is not automatic, and eligibility depends on a range of factors.
In this blog, we’ll walk through what expunction is, who qualifies, the legal process involved, and how a Texas criminal defense lawyer—such as those at Morgan Bourque Attorney at Law—can help you pursue a fresh start.
What Is Expunction in Texas?
Under Chapter 55 of the Texas Code of Criminal Procedure, an expunction allows you to completely remove qualifying criminal records from public view. Once expunged, records related to an arrest, charge, or even certain convictions are deleted from law enforcement, court, and state databases.
After a successful expunction, you are legally allowed to deny the incident ever happened—whether in a job interview or under oath (with limited exceptions).
This is distinct from a non-disclosure order, which seals records from public view but does not destroy them or allow for full legal denial.
Who Qualifies for Expunction?
Not every case qualifies. Texas law provides two primary paths to expunction:
1. Mandatory Expunction (You Have the Right to It)
You’re entitled to expunction if your case falls into one of these categories:
- You were found not guilty at trial.
- You were arrested but never formally charged, and the waiting period has passed.
- Your case was dismissed, and the statute of limitations has expired.
- You were convicted but later pardoned, especially for reasons involving actual innocence.
- You were arrested due to mistaken identity.
- You were convicted of unlawfully carrying a handgun before September 1, 2021, and no other criminal activity was involved.
In these cases, once eligibility is confirmed, courts typically grant expunction upon proper filing.
2. Discretionary Expunction (Court Has the Final Say)
Even if you’re not automatically entitled, you might still be eligible in other situations, including:
- Charges were dismissed or quashed without trial.
- You completed a pretrial diversion program (e.g., veterans’ court or mental health court).
- A grand jury issued a “no bill,” declining to indict you.
- You were acquitted on appeal.
The court may grant expunction in these cases, but it’s not guaranteed. Judges often consider factors like the seriousness of the offense, your criminal history, and time passed since the incident.
Who Is Not Eligible for Expunction?
Expunction is not available if:
- You received a conviction (excluding those pardoned or for the handgun exception).
- You completed deferred adjudication for a Class A or B misdemeanor or felony. (Class C deferred cases may still qualify.)
- Your arrest was part of a criminal episode that includes other charges still pending or that resulted in conviction.
- You were arrested and violated bail or probation conditions.
- You have active charges pending or were convicted of another crime related to the same event.
Additionally, expunction is not available for offenses like Driving While Intoxicated (DWI) if convicted—even if the sentence was probated.
How Long Do You Have to Wait?
If charges were never filed, you’ll need to wait for the following statutory periods before applying:
| Offense Level | Waiting Period |
| Class C Misdemeanor | 180 days |
| Class A or B Misdemeanor | 1 year |
| Felony | 3 years |
In cases where the statute of limitations has expired (and no charges were filed), you may not need to wait beyond that expiration. However, you can also request expunction before the statute of limitations runs out—but only if the prosecuting attorney provides written approval.
The Expunction Process in Texas
The process for getting a record expunged in Texas can be technical and time-sensitive. Here’s how it typically unfolds:
1. Review Your Eligibility
Before filing, you must carefully determine whether your record meets the criteria. A skilled criminal defense lawyer can help assess this accurately.
2. File a Petition for Expunction
You or your attorney must file a petition in the district court in the county where the arrest occurred. The petition must include:
- Personal information (name, address, DOB)
- Details of the offense
- Dates of arrest, charges filed, case disposition
- Law enforcement agencies involved
3. Notify Involved Agencies
All entities holding your records (police departments, the court, prosecutor’s office, Department of Public Safety, etc.) must be served notice.
4. Attend a Court Hearing
In some cases, the judge may set a hearing to review the petition. If there are no objections from the district attorney or law enforcement, the judge will issue an order of expunction.
5. Agencies Destroy Records
After the court order is granted, all relevant agencies are instructed to:
- Destroy or return records
- Remove your data from digital systems
- Certify compliance within a given timeframe
Note: You must follow up to ensure full compliance.
Why Expunction Matters
A criminal record—even without a conviction—can impact your life in significant ways:
- Employment: Many employers conduct background checks.
- Housing: Landlords may deny rental applications based on arrests.
- Firearm Rights: A clean record improves your legal standing to possess firearms.
- Professional Licenses: Nurses, teachers, and others may face license denials due to past records.
- Immigration: Expunction may not always protect you in federal immigration proceedings, but it can strengthen your case.
An expunction gives you the legal right to say the incident never occurred. For many, it’s the first real chance at closure.
What If You’re Not Eligible for Expunction?
If you’re not eligible for expunction, you may still qualify for an Order of Non-Disclosure—especially if you successfully completed deferred adjudication. This seals records from public view but does not erase them entirely.
A knowledgeable Texas defense lawyer can help you determine whether sealing or expunction is the better option.
Why You Should Hire a Lawyer
Texas expunction law is filled with nuances that can be confusing for someone unfamiliar with legal language, deadlines, and court procedure. Filing mistakes can delay the process or worse, result in a denied petition. An experienced Texas expungement attorney can:
- Determine if you qualify
- Ensure accurate, complete filings
- Represent you at hearings
- Ensure all agencies comply with the court order
- Help you clear your name faster
About Morgan Bourque Attorney at Law
With offices in The Woodlands, Texas, Morgan Bourque Attorney at Law is a trusted name in criminal defense and expunction matters. The firm is led by former prosecutors who understand both sides of the courtroom and how to strategically fight for your future.
Whether you’re looking to move on from a wrongful arrest or clear a dismissed charge, our team offers personalized legal support to guide you through the expunction process with clarity and confidence.
Ready to Clear Your Record?
Contact Morgan Bourque Attorney at Law today at (713) 766-6001 to schedule a consultation. Our team will review your situation, explain your rights, and help you take the next steps toward clearing your name.
Your future deserves a clean slate—start today with a team that knows how to fight for it.
Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.