By Graham Norris

The questionnaire seemed straightforward enough: “Have you been arrested but never convicted?” You check yes, feeling hopeful about clearing your record. Then comes the fine print—waiting periods, case resolution requirements, criminal episode exceptions, and a maze of legal criteria that transforms what seemed like a simple yes-or-no question into something resembling a law school exam.

Texas expunction eligibility operates under strict legal requirements that go far beyond whether you were simply arrested or charged. The law demands specific case outcomes, mandates waiting periods based on offense levels, and includes numerous disqualifying factors that can block otherwise eligible cases. Recognizing these requirements before pursuing expunction can save you time, money, and disappointment while helping you make informed decisions about clearing your criminal record.

Basic Case Resolution Requirements for Texas Expunction

Expunction eligibility in Texas begins with one fundamental question: how did your case end? The original charges matter far less than the specific legal mechanism used to resolve your case.

• Dismissals – When the prosecutor formally asks the court to drop all charges and the judge agrees, creating a clean case resolution that typically qualifies for expunction
• Not Guilty Verdicts – When a jury or judge determines there wasn’t sufficient evidence to prove you committed the alleged offense beyond a reasonable doubt
• No-Bill Decisions – When a grand jury votes that there isn’t enough evidence to formally indict you, effectively ending the case before it reaches trial
• Successful Diversion Program Completion – Certain pretrial programs, veterans’ court programs, and mental health court programs that allow you to withdraw guilty pleas and receive dismissals upon completion
• Pardons Based on Actual Innocence – Official pardons that specifically state they were granted due to your innocence of the charges, not merely for rehabilitation or other reasons
• Mistaken Identity Cases – Situations where you were arrested due to clerical errors or someone else using your identifying information without consent

The critical factor across all these scenarios is that your case must have ended without a final conviction on your record. Even successful completion of deferred adjudication typically disqualifies you from expunction, though other record-clearing options may still be available.

What Records and Offenses Cannot Be Expunged

Texas law permanently excludes certain types of cases from expunction eligibility, regardless of how favorably they were resolved. Recognizing these categorical exclusions can save you from pursuing an impossible expunction.

• Family Violence Cases – Assault charges involving family members, dating partners, or household members are generally ineligible for expunction, even with dismissals or acquittals
• Sexual Offenses Requiring Registration – Cases involving sex crimes that would require registration on the sex offender registry cannot be expunged under Texas law
• Deferred Adjudication Cases – Any case resolved through deferred adjudication probation is ineligible for expunction, though non-disclosure may be available as an alternative
• Community Supervision Cases – Cases resulting in community supervision (probation) cannot be expunged, with the exception of Class C misdemeanor cases
• Injury to Vulnerable Persons – Charges involving injury to children, elderly individuals, or disabled persons typically cannot be expunged regardless of case outcome
• Probation Violation Arrests – Arrests that occur pursuant to probation violation warrants are specifically excluded from expunction eligibility by statute
• Cases Where Defendant Absconded – Individuals who fled the jurisdiction after being released on bond are permanently barred from expunging those arrest records
• Certain DWI Cases – Most DWI cases cannot be expunged, though specific circumstances involving dismissals due to lack of probable cause may qualify under limited conditions

If your case falls into any of these categories, expunction is not an option, but other record-clearing remedies like orders of non-disclosure may still be available depending on your specific circumstances.

Waiting Periods and Timeline Requirements

Texas law doesn’t allow immediate expunction for most eligible cases—specific waiting periods must pass before you can file your petition. These periods start from your arrest date, not when your case was resolved.

Class C misdemeanors require the shortest waiting period at just 180 days from the date of arrest. These minor offenses, typically punishable by fine only, reflect the legislature’s recognition that less serious cases should be cleared more quickly from criminal records.

Class A and Class B misdemeanors carry a one-year waiting period from the arrest date. This applies to more serious misdemeanor offenses but still allows relatively quick record clearing compared to felony cases, assuming no felony charges arose from the same incident.

Felony cases require the longest waiting period of three years from the date of arrest. This extended timeline reflects the serious nature of felony charges and gives prosecutors more time to determine whether additional charges might be filed related to the same criminal episode.

Cases ending in not guilty verdicts represent the one major exception to these waiting periods. When a jury or judge finds you not guilty, you can apply for expunction immediately since the legal system has definitively determined your innocence.

The waiting periods are based on statutes of limitations—the time limits prosecutors have to file charges. Even if you meet other eligibility requirements, filing too early will result in automatic denial of your expunction petition.

These timelines can become complex when multiple charges or related cases are involved, making professional legal analysis essential for determining the correct filing date for your specific situation.

Disqualifying Factors and Special Circumstances

Meeting the basic case resolution and timing requirements doesn’t guarantee expunction eligibility. Several factors can disqualify otherwise qualifying cases from record clearing.

Prior Conviction Restrictions

Texas law prohibits expunction for individuals with recent felony convictions. If you were convicted of any felony within five years before the arrest you’re trying to expunge, you’re automatically disqualified. This restriction reflects the state’s policy of limiting expunction benefits to those without patterns of serious criminal activity.

Multiple Charge Situations and Criminal Episodes

The “criminal episode” rule creates one of the most complex areas of expunction law. If your acquitted charge arose from the same criminal episode as other charges that resulted in conviction, you cannot expunge the acquitted charge. A criminal episode includes offenses committed in the same transaction or related transactions that form a common scheme or plan. This means winning on one charge but losing on related charges typically prevents expunction of the winning charge.

Community Supervision and Probation Issues

Individuals who received conditional discharge for felonies or who remain subject to prosecution for any offense arising from the same arrest face automatic disqualification. Additionally, arrests occurring pursuant to probation violation warrants cannot be expunged, even if the underlying violation charges are later dismissed.

Special Circumstances: Firearms Cases and House Bill 1927

The 2021 Firearm Carry Act created new expunction opportunities for certain gun-related convictions. Individuals convicted of unlawfully carrying a weapon before September 1, 2021, may now qualify for expunction under the updated law. This change reflects Texas’s shift toward constitutional carry and recognizes that conduct once considered criminal is now legal.

The case-specific nature of expunction eligibility means that seemingly similar situations can have drastically different outcomes based on subtle legal distinctions. How your attorney negotiated your case resolution, the specific statutory provisions involved, and the exact timing of various events all influence eligibility in ways that aren’t immediately obvious to non-lawyers.

Get Professional Eligibility Analysis Before Filing Your Expunction

The complex web of Texas expunction eligibility requirements makes self-assessment risky and potentially costly. Filing an ineligible petition wastes court fees and can complicate future expunction attempts, while missing subtle qualifying factors means lost opportunities to clear your record. Professional legal analysis by attorneys who grasp the nuances of case resolution types, criminal episodes, and timing requirements ensures you get definitive answers about your eligibility before investing in the process.

Norris Legal Group brings over 3,600 cases of experience to expunction eligibility determinations, with a proven track record of more than 400 dismissals and 60 no-bills that demonstrates their deep knowledge of how case resolutions affect expunction prospects. Their team recognizes that behind every eligibility question is someone seeking a fresh start and dignity in their future opportunities.