When you’ve been accused of a crime in Texas, that black mark can follow you for a long time – even when you’re innocent or have worked hard to make things right. An expunction can help you, but what is the Texas expunction timeline for your case?

In this article, we’ll talk about what it takes to get an expunction, how the type of crime you’ve been charged with affects the timeline for an expunction, and when it’s time to reach out to a Fort Worth expunction lawyer.

Understanding Expunction in Texas

Expunction is the process of legally erasing records of an arrest and any subsequent court proceedings. “It’s the gold standard for cleaning up your record,” says Graham Norris, founder of Norris Legal Group. “Only certain cases qualify, and it has everything to do with how the case is resolved.”

Basically, your case must fall into one of the following categories:

• Dismissal: The prosecutor makes a motion to the court, and a judge signs it.
• Not guilty verdict: A jury determines the evidence was not beyond reasonable doubt.
• No bill: There’s not enough evidence for an indictment, similar to a dismissal.
• Pardon: The governor has overturned your previous conviction.

You may also withdraw a guilty plea if you successfully complete a diversion program, which will result in a case dismissal.

The Texas Expunction Timeline

The timeline for expunction in Texas isn’t a one-size-fits-all scenario. It varies depending on several factors, primarily the nature of the offense and how the case was resolved.

“A lot of different dates can apply, but the general rule is 2 years for a misdemeanor or 3-5 years for a felony,” Graham says.

This doesn’t apply if a jury finds you not guilty. If that happens, you can apply for expunction right away.

The reason you must wait a certain amount of time to get an expunction if your case was merely dismissed or no-billed is because of the statute of limitations.

“With no-bills and dismissals, there are circumstances where if new evidence was obtained, they can refile charges,” Graham says. “The statute of limitations determines the waiting period.”

In other words, the law wants to ensure prosecutors have enough time to file charges if new evidence emerges before permanently destroying the records.

There are more nuances to consider, so let’s go into a little more detail.

Immediate Expunction Eligibility

You can file for expunction right away if:

• You were acquitted (found “not guilty”) at trial
• You received a pardon from the governor
• The prosecutor recommends expunction to the court before trial
• You were convicted but later proven actually innocent

Waiting Periods for Dismissed Cases

If your case was dismissed without you serving any community supervision, the waiting period will be tied to the statute of limitations, and will depend on the level of offense:

• Class C misdemeanors: 180 days from arrest date, minus the time the case was pending
• Class A and B misdemeanors: 2 years from arrest date, minus the time the case was pending
• Felonies: Typically, 3-5 years from the arrest date, minus the time the case was pending

There’s an important exception: If the prosecutor certifies in writing that your records aren’t needed for any other criminal investigation, you might be able to proceed without waiting. This is uncommon, however.

Important Exceptions and Limitations

You cannot file for expunction if:

• You were placed on community supervision (except for Class C misdemeanors)
• You have other charges pending from the same arrest
• You were convicted of or still face prosecution for other offenses from the same criminal episode
• You jumped bail or fled the jurisdiction after being released
• Your case involved a felony charge that was dismissed, but the statute of limitations hasn’t expired

Understanding the “Criminal Episode” Rule

Even if you were acquitted of one charge, you might not be eligible for expunction if:

• The charge was part of a “criminal episode” involving multiple offenses
• You were convicted of or still face prosecution for any other offense from that same episode

A “criminal episode” means multiple offenses that were either:

1. Committed as part of the same transaction or scheme
2. Repeated commissions of the same or similar offenses

This is why having an experienced attorney review your entire case history is crucial. What seems like a simple expunction might be complicated by related charges you didn’t consider.

The Expunction Process in Texas

The journey to expunction doesn’t end with meeting the waiting period requirements. It involves a series of legal steps that must be navigated carefully to ensure the best chance of success.

The process typically unfolds as follows:

1. Determining eligibility: This involves assessing whether your case meets the criteria for expunction based on its outcome and the elapsed waiting period.
2. Filing the petition: “An expunction is a civil filing that is related to criminal matters,” Graham says. “There’s a filing fee to petition the court.”
3. Notifying prosecuting agencies: The district attorney or other prosecuting entity is given notice and can contest the expunction if they choose.
4. Court hearing: A hearing is set, though in uncontested cases, neither side may be required to appear.
5. Serving the expunction order: If granted, the order must be served to all entities with records of the arrest or case, including police agencies, sheriffs, and the Department of Public Safety in Austin.

Graham emphasizes the importance of thoroughness in this final step: “We want to serve each entity with the order that records be destroyed.” This ensures that all traces of the arrest and case are eliminated, giving the individual a truly clean slate.

Alternatives to Expunction: Non-Disclosure

When expunction isn’t possible, all hope isn’t lost. There’s another option available in Texas that can help individuals move forward with their lives: non-disclosure orders. While not as comprehensive as expunction, non-disclosure can still provide significant benefits.

“That is second best to an expunction, and that is where the record is sealed,” Graham says.

This is possible when:

• The individual completed deferred adjudication
• Some type of probation was involved
• The case was ultimately dismissed, but there was a guilty plea first

The key difference between expunction and non-disclosure lies in what happens to the records. While expunction results in the destruction of records, non-disclosure seals them from public view. This means that while most private entities won’t be able to access the records, certain government agencies may still have access.

The good news is, if you get a non-disclosure, you can legally deny that the arrest happened to people who ask, such as employers.

Take Action Now and Get a Fresh Start with Norris Legal Group

Don’t let past mistakes hold you back any longer. The journey to a clean record starts with a single step, and that step is reaching out to an experienced expunction attorney. At Norris Legal Group, we understand the intricacies of Texas expunction law and can guide you through the process, helping you determine your eligibility and navigate the complex legal landscape.

Don’t wait another day wondering if you qualify for expunction. Contact Norris Legal Group today for a consultation. Our experienced team is ready to assess your case, explain your options, and help you take the first steps towards a cleaner record and a brighter future.