If you have an arrest or criminal case in your past, you may wonder whether it can continue affecting background checks, employment, housing, or professional opportunities. The Texas Department of Public Safety states that criminal arrest information remains on a criminal history record indefinitely. In Texas, certain criminal records may qualify for expunction, a legal process governed by Chapter 55A of the Texas Code of Criminal Procedure.
If you are asking, “Can you get a criminal record expunged in Texas?”, the answer depends on the circumstances of the case. Factors such as how the case ended, the offense involved, other criminal cases, applicable waiting periods, and the requirements of Chapter 55A can affect eligibility.
Key Takeaways
- Some Texas criminal records may qualify for expunction
- A dismissal does not automatically guarantee expunction
- Certain acquittals may support expunction
- Expunction and nondisclosure are different remedies
- Eligibility depends on the circumstances of the case
What Is Expunction in Texas?
In Texas, the legal term commonly used for what people call “expungement” is expunction. The process is primarily governed by Chapter 55A of the Texas Code of Criminal Procedure. When a person qualifies for expunction and a court grants the request, the resulting order can direct government agencies and other entities to destroy, return, or otherwise handle records related to the qualifying arrest as required by law.
Texas’s current expunction framework took effect January 1, 2025, under Chapter 55A of the Texas Code of Criminal Procedure. Expunction is a legal process governed by state law, not simply a request to remove information from an online background-check website. Depending on the circumstances, a person may need to file a petition and obtain a court order directing the expunction of qualifying records.
Can You Get a Criminal Record Expunged in Texas?
Certain criminal records can qualify for expunction in Texas. However, not every arrest or criminal case is eligible. Texas law establishes specific requirements that depend on the circumstances and outcome of the case. Potential grounds for expunction can include:
- Certain acquittals
- Certain dismissed or quashed cases
- Certain arrests where no indictment or information was presented
- Certain pardons
- Certain cases involving actual innocence
- Other circumstances specifically addressed by Texas law
The applicable requirements can vary. For example, a dismissal may provide a basis for expunction in some circumstances but not others.
Texas Expunction Eligibility
If You Were Acquitted
A qualifying acquittal may provide a basis for expunction under Texas law. Article 55A.002 addresses expunction for certain arrests when a person was tried and acquitted by the trial court, subject to applicable statutory requirements and exceptions.
Texas law also provides a procedure for certain qualifying acquittals that can allow an expunction order to be entered within 30 days after the acquittal. Certain restrictions can apply when the acquitted offense arose from the same criminal episode as another offense for which the person was convicted or remains subject to prosecution.
If Your Case Was Dismissed
A dismissal does not automatically mean that a criminal record qualifies for expunction. Texas law provides several provisions addressing certain dismissed or quashed indictments and information. Other provisions address arrests where an indictment or information was not presented. For some cases, statutory waiting periods may apply. Depending on the offense and circumstances, applicable periods can include:
- 180 days for certain Class C misdemeanors
- One year for certain Class A or B misdemeanors
- Three years for certain felonies
Other provisions can affect when a person may seek expunction. Because the requirements depend on the circumstances, the reason for the dismissal and the subsequent history of the case can be important.
If You Were Never Formally Charged
Certain people who were arrested but never formally charged may qualify for expunction. Texas law establishes different requirements and waiting periods depending on the circumstances and offense involved. In some situations, an expunction may be available sooner when the attorney representing the state certifies that the records are no longer needed for a criminal investigation or prosecution.
If You Received a Pardon
Certain pardons may provide a basis for expunction under Texas law. Texas also contains provisions addressing pardons or other relief based on actual innocence. The applicable pardon or court order must meet the requirements established by law.
If Someone Used Your Identity
Texas law provides a process for certain situations involving mistaken identity. If another person used your name or identifying information during an arrest without your consent, specific legal procedures may be available to address records associated with that arrest.
What Does Not Automatically Qualify for Expunction?
Having an old criminal case does not automatically mean the record can be expunged. Similarly, completing probation or another form of court supervision does not by itself establish expunction eligibility in every case.
Deferred adjudication can also have different consequences from an acquittal or dismissal. Depending on the circumstances, an order of nondisclosure may be a potential option instead. A final conviction can also affect whether expunction is available. For these reasons, the final disposition and other details of the case are important when evaluating potential eligibility.
Expunction vs. Nondisclosure in Texas
Expunction and nondisclosure are separate legal remedies. Expunction generally involves the destruction or removal of qualifying criminal records, while nondisclosure generally limits access to certain criminal-history information rather than eliminating the records. The eligibility requirements and legal effects of each remedy differ under Texas law.
Expunction
Expunction can require covered criminal records and files related to an arrest to be destroyed, returned, or otherwise handled according to the applicable court order and Texas law. Whether expunction is available depends on the requirements of the applicable statute.
Nondisclosure
An order of nondisclosure generally restricts public disclosure of qualifying criminal-history information. A nondisclosure order does not necessarily prevent every government agency or authorized entity from accessing the information. Certain criminal justice agencies and other authorized entities may continue to have access under applicable law. If expunction is not available, reviewing whether nondisclosure may apply can be another consideration.
What Is the Texas Expunction Process?
The Texas expunction process is generally handled through the courts. Depending on the circumstances, an eligible person may file a petition requesting expunction and provide notice to the relevant agencies. The court then reviews the request and, if the statutory requirements are satisfied, may issue an expunction order directing how qualifying records must be handled.
1. Review Your Criminal History
Before seeking expunction, it is important to determine whether the case meets the applicable eligibility requirements. The first step is to identify the records involved and confirm the actual disposition of the case. Relevant information may include:
- Arrest information
- Charges
- Case numbers
- Court dispositions
- Convictions
- Dismissals
- Community supervision
- Deferred adjudication
- Other arrests from the same incident or criminal episode
2. Determine Potential Eligibility
Eligibility depends on the specific circumstances of the case and the statutory requirements that apply. The next step is to determine which provision of Chapter 55A may apply. Factors that may be relevant include:
- The offense charged
- The outcome
- Whether there was a conviction
- Whether community supervision was ordered
- Whether other cases are pending
- Whether another offense arose from the same criminal episode
- How much time has passed since the arrest
- Whether a statutory exception applies
3. File an Expunction Petition
Under Texas law, a person seeking expunction may generally file an ex parte petition in the appropriate court. The petition must include information required by Chapter 55A, including details identifying the arrest, offense, case, court, arresting agency, and records-holding agencies or entities.
4. Provide Required Notice
Depending on the circumstances, agencies and other parties may receive notice of the proceeding and have an opportunity to respond or object. If an objection is raised, the court may need to address the issue before deciding whether the requested expunction should be granted.
5. Obtain the Court Order
If the court determines that the statutory requirements are satisfied, it can issue an expunction order. The order identifies the records and agencies covered and provides directions concerning the handling of those records.
How Long Does Expunction Take in Texas?
There is no single timeline that applies to every Texas expunction case. The process can depend on factors such as:
- The county where the petition is filed
- Whether the petition is contested
- The number of agencies involved
- The court’s schedule
- Whether additional documentation is required
- The type of expunction being requested
Certain circumstances have specific statutory procedures. For example, Texas law provides a 30-day procedure for certain qualifying acquittals. That should not be treated as the standard timeline for every expunction case.
Does Expunction Remove a Record From Every Background Check?
An expunction can provide significant relief, but the scope of the order matters. Records covered by an expunction order must be handled according to the court order and applicable Texas law. Private background-check companies and third-party websites may maintain separate databases. As a result, information may not necessarily disappear from every private source at the same time. If information continues to appear after an expunction, the circumstances and source of the information may need to be reviewed.
What Factors Can Affect Texas Expunction Eligibility?
Several factors can affect whether a person qualifies for expunction. Understanding these factors can help clarify what information may be important when reviewing potential eligibility.
Case Outcome
An acquittal, dismissal, conviction, deferred adjudication, and other case outcomes can have different legal consequences. The final disposition of the case is one of the key details used to determine which expunction provisions may apply.
Community Supervision
Whether community supervision was ordered can affect eligibility under certain provisions. The type and circumstances of the supervision can be relevant when reviewing whether statutory requirements are satisfied.
Other Criminal Cases
Other convictions, pending cases, or related arrests may affect eligibility. Texas law includes provisions that may limit expunction when other offenses or cases are involved.
Same Criminal Episode
Texas law includes provisions concerning other offenses arising from the same criminal episode. The relationship between the offenses may therefore be relevant when determining whether an expunction can be granted.
Waiting Periods
Some expunction provisions include statutory waiting periods before a petition can be filed. The applicable period can depend on the type of offense and the circumstances of the case.
Reason for Dismissal
The circumstances and reason for a dismissal can affect which expunction provision may apply. Reviewing the court records and disposition can help identify the requirements that apply to the case.
What If You Do Not Qualify for Expunction?
If expunction is not available, other legal options may exist depending on the circumstances. These can include:
- An order of nondisclosure
- Correction of inaccurate criminal-history information
- Other statutory remedies
- Pardon-related relief where applicable
Each option has its own requirements and limitations. For example, nondisclosure can restrict public disclosure of certain qualifying criminal-history information without providing the same remedy as expunction.
Protect Your Future With the Right Criminal Record Strategy
Understanding whether a criminal record can be cleared is an important part of planning for the future. Expunction and nondisclosure can involve arrest records, court records, background-check information, employment considerations, housing considerations, and other issues associated with a past criminal case. Understanding the differences between these remedies can help you identify which option may apply to your circumstances.
As a trusted Texas criminal defense law firm, Crowl and Crowl helps individuals understand their options for expunction, nondisclosure, and other forms of criminal-record relief. Our team can review your criminal history, case disposition, and applicable Texas law to help determine whether you may qualify for relief and explain the process involved.
Are you ready to find out whether you may qualify to clear or restrict access to your Texas criminal record? Contact us today to discuss your situation and learn more about your legal options.
