Expungement is a process that legally allows people to erase criminal charges from their record, effectively giving them a second chance — but the circumstances under which you qualify for an expunction are quite complicated and seriously specific. It’s no wonder we get asked all the time about expungement in Texas. 

There are different means and methods of obtaining expungement in Texas (see pretrial diversion), but typically, expungements occur during sentencing. However, a whole lot can happen between the time of your arrest and the time of sentencing, especially when cases often last months or even years.

To that end, we urge you to keep in mind that arrests do not equal guilty charges. This idea can be hard to remember when you’re facing charges that seem like they can ruin your life, but it’s extremely important to keep the notion of “innocent unless proven guilty” in the front of your mind — and to hire a skilled DWI lawyer in Houston — if you want a shot at expungement in Texas.

If you or a loved one has been charged with a crime and are wondering about qualifying for expungement, call Thiessen Law Firm today at (713) 864-9000. We’re standing by, ready to give you your best shot at justice. 

Who qualifies for expungement in Texas?

According to the Texas Code of Criminal Procedure § 55.01, there are many different scenarios that leave you eligible for expungement in Texas. However, Texas differentiates between individuals who are eligible for an expunction and those who are entitled to it. Before you start petitioning for an expunction, it’s important to know which of these two categories you fall under. 

Individuals eligible for an expungement in Texas:

  • Those who were convicted but later acquitted in a court of appeals
  • Those whose prosecuting attorney recommends an expunction

Individuals entitled to an expungement in Texas:

  • Those who were arrested and charged but whose cases were ultimately dismissed (so long as the statute of limitations has expired). 
  • Those who were arrested but never charged (requires a waiting period) 
  • Those acquitted of a crime
  • Those who were convicted but were later found innocent or pardoned

Who does not qualify for expungement in Texas?

Even if you are eligible/entitled to an expungement in Texas based on the above criteria, you will not qualify for an expunction if you meet any of the following disqualifying conditions for expungement in Texas.

  • Being convicted of a felony within five years from the date of the arrest you wish to have expunged 
  • The statute of limitations has not yet expired on a dismissed case in which an individual was charged with a felony
  • Having received deferred adjudication (adults only)
  • Having received probation (adults only) 
  • The charge an individual wishes to have expunged was part of a “criminal episode,” and the individual either still has charges pending from said episode or has been convicted of crimes from said episode (see Texas Penal Code § 3.01 for a definition of a criminal episode) 

What qualifies for expungement in Texas?

With a good defense, getting both misdemeanors and felonies expunged in Texas is possible — as long as you meet one of the qualifications enumerated here by the the Texas Young Lawyers Association and State Bar of Texas:

  • An arrest for a crime that was never charged
  • A criminal charge that was ultimately dismissed
  • Certain qualifying misdemeanor juvenile offenses
  • Conviction of a minor for certain alcohol offenses
  • Conviction for failure to attend school
  • Arrest, charge, or conviction on a person’s record due to identity theft by another individual that was actually arrested, charged or convicted of the crime
  • Conviction for a crime that was later acquitted by the trial court or the Criminal Court of Appeals
  • Conviction for a crime that was later pardoned by the Governor of Texas or the US President

If you were not convicted, and you meet the qualifications specified above, the following charges are open for expunction. (Don’t see your case type? Don’t panic! This list is far from exhaustive.)

What cases cannot be expunged in Texas?

Texas gives you the opportunity to expunge past mistakes sparingly and — along with the list of stipulations for qualifying — there are a number of types of crimes that cannot be expunged. You cannot expunge convictions for the following types of offenses:

  • DWI
  • Criminal homicide, manslaughter, or murder
  • Sex crimes
  • Domestic violence 
  • Aggravated assault
  • Aggravated robbery

A note about record sealing and orders of non-disclosure in Texas

If you do not qualify for the expunction of your charge, you may still be in luck. Texas law also allows a petition for non-disclosure if you have completed deferred adjudication. Deferred adjudication is a type of plea deal where the defendant pleads “guilty” or “no contest” to their charges in exchange for meeting certain requirements laid out by the court of law, including community supervision. 

If you petition for non-disclosure, you are asking for your record to be sealed, not cleared, as it would be with an expunction. If your record is sealed, only a small group of government agencies and select entities specified in your agreement will be able to view your criminal history. That being said, there are some crimes that will always show up on a criminal background check in Texas.

Crimes ineligible for record sealing in Texas public criminal records are similar to those for which you cannot seek expunction for convictions and include:

  • Aggravated kidnapping
  • Any crime that requires you to register as a sex offender
  • Any family violence offense
  • Child endangerment or abandonment
  • Human trafficking
  • Murder
  • Stalking

Continue reading about pretrial diversion vs deferred adjudication and DWI deferred adjudication in Texas

Expungement in Texas — FAQ

Expungement for juvenile offenses in Texas

Minors are also eligible for expungement under certain circumstances, including being charged with a misdemeanor punishable by a fine committed before the age of 17, offenses that fall under the Alcoholic Beverage Code, and failure to attend school.

Judges are often more lenient and giving when it comes to minors, but if an individual under the age of 17 has multiple convictions on his/her record, expungement in Texas becomes less likely.

How long does it take for a record to be expunged in Texas? 

The amount of time individuals must wait before petitioning for an expunction varies depending on the type of charge, whether the individual was convicted, acquitted, or the case was dismissed, the statutes of limitations, and several other factors.

However, we can provide you with a clear outline of a waiting period if you were arrested but never formally charged with a crime:

  • Felony: 3 years from the date of the arrest
  • Class A & B misdemeanor: 1 year from the date of the arrest
  • Class C misdemeanor: 180 days from the date of the arrest

How much does it cost to get your record expunged in Texas?

The cost of expungement will vary significantly depending on the circumstances of your case. It also depends on what you consider to be related to the expunction. For instance, if you consider the cost of an attorney defending against your criminal charge part of the expunction, then fees will go up considerably. 

Some of the costs associated with getting your record expunged in Texas include the following:

  1. Filing fees themselves are usually anywhere from a few hundred to a thousand dollars — very rarely are the court fees themselves going to exceed this amount. 
  2. Miscellaneous fees related to court documents, background checks, and administrative fees can pile up. 
  3. Attorney fees are generally the meat of the cost of getting your record expunged in Texas, but you’re unlikely to get your record expunged without an attorney in 90% of expungement scenarios. These fees can cost anything, really, from a couple thousand to a lot more, depending on how much work is necessary to get your dismissal, acquittal, or whatever scenario allows for your expungement. 

While the costs may seem high, you can’t really put a price on moving forward with your life. Securing an expunction not only means freedom from your original criminal charge, but a clean slate and peace of mind in your future. 

What is the new expungement law in Texas?

Texas has made some recent changes to its expungement laws, most notably House Bill 3016, also known as the Second Chance Law.

The Second Chance Law allows first-time offenders of some types of non-violent crimes to seek non-disclosure after a conviction. As we said earlier, non-disclosure effectively keeps everyone but high-level government agencies from seeing your background, and is essentially the next best thing to an expunction. 

In order to qualify for non-disclosure under HB3016 you must be a first-time offender and:

  • Have been convicted of a non-violent Class C misdemeanor
  • Have been convicted of a DWI with a BAC under .14%
  • Have been convicted of a DWI without an accident
  • Successfully complete all court-ordered sentences and classes
  • Satisfy all court costs, legal fines, and restitution fees

Continue reading about how to get a DWI off your record and Texas DWI expungement

Can I expunge my record myself in Texas?

If you’re wondering how to expunge your record in Texas you’re likely also wondering if you can do it yourself. While it is legally possible to pursue expungement on your own, the process can be surprisingly complicated and time-consuming. In order to expunge your record you must be prepared to:

  1. Determine your own eligibility. Even in the most clear-cut cases, there are often issues with eligibility for expunction. 
  2. File your own petition. This includes gathering the correct information, putting together documents, drafting a compelling petition for expunction, and filing it within the correct court. 
  3. Attend a hearing and defend your case in court. This is one of the larger roadblocks in DIYing your own expunction; these cases are not always as simple as filing a petition and being granted expunction, and often involve having to argue a case in front of a judge.

Mistakes in your petition or fumbles in the presentation of your case can lead to delays or outright denials, which is why most people choose to hire an experienced expungement lawyer in Houston to help them secure their future. 

Looking to start the process for expungement in Texas? Thiessen Law Firm can help.

If you’re ready to take the next step toward clearing your record, the Thiessen Law Firm is ready to roll our sleeves up and get it done. Whether you need to beat the charge first or are looking to take care of a mistake from your past, we have extensive experience securing dismissals, acquittals, and expunctions for our clients accused of crimes of all kinds. 

Don’t let a mistake from your past follow you into your future. Contact Thiessen Law Firm today at (713) 864-9000 or contact us online to begin your journey towards justice. Your future is worth the fight. 

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Thiessen Law Firm

Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.