Every year, thousands of Texans discover that a past arrest record is holding them back — from landing their dream job, securing housing, or advancing their education. But here’s the good news: Texas law offers a powerful solution called expunction, a legal process that can completely erase your arrest record as if it never happened.

If you’re wondering how to file an expunction in Texas, you’ve come to the right place. This comprehensive guide breaks down the entire process. We don’t recommend doing this on your own — you need an experienced Fort Worth expunction attorney for that. But it’s important to understand how it works.

We’ll cover the eligibility requirements, document preparation, filing procedures, and common pitfalls to avoid. Read on.

How to File an Expunction in Texas: An Overview

Expunction is a powerful legal tool that can help individuals clear their criminal records.

“This is when a district court orders that all records of an arrest, and any court cases that came after, are destroyed,” says Graham Norris, founder of Norris Legal Group. “That’s the gold standard for cleaning up your record.”

However, not all cases qualify for expunction. Eligibility depends on several factors:

• Case resolution: The case must end in dismissal, a not guilty verdict, or a no bill (lack of evidence for indictment).
• Diversion program completion: In some cases, successful completion of a diversion program can lead to eligibility.
• Waiting periods: Depending on the type of case, there’s typically a waiting period before you can apply for expunction.
• No subsequent convictions: You must not have been convicted of another crime during the waiting period.

It’s important to note that expunction differs from non-disclosure, which is a separate legal process that seals records rather than destroying them.

Step 1: Determining Eligibility

Before diving into the expunction process, it’s crucial to determine if you’re eligible. This step involves carefully assessing your case outcome and calculating the applicable waiting period.

Assessing Your Case Outcome

Eligibility for expunction primarily depends on how your case was resolved.

“If the case was filed, then it has to end one of three ways: with a dismissal, a not guilty verdict, or a no bill,” Graham says. “The only other scenario is where a person has been pardoned by the Governor of Texas.”

• Dismissal: The prosecutor makes a motion to the court, and the judge signs it.
• Not guilty: The jury or judge determines evidence was not beyond reasonable doubt.
• No bill: There’s not enough evidence for an indictment (similar to dismissal).

Calculating Waiting Periods

The waiting period before you can apply for expunction varies based on the nature of your case – typically it is tied to the statute of limitations for the underlying offense:

• Misdemeanors: Generally, the statute of limitations is 2 years.
• Felonies: Generally the statute of limitations is 3-5 years.
• Not guilty verdicts: You’re eligible for immediate expunction.

It’s important to note that these are general guidelines. Specific circumstances may affect your waiting period, so consulting with an experienced attorney is advisable.

Step 2: Preparing to File

Before filing your petition for expunction, you need to gather essential information and documentation:

1. Collect Personal Information:
   • Full name
   • Sex
   • Race
   • Date of birth
   • Driver’s license number
   • Social security number
   • Address at the time of arrest
2. Gather Case Documentation:
   • Arrest records and date of arrest
   • Offense details and date of alleged offense
   • Case numbers and court information
   • Final disposition documents (dismissal, acquittal, etc.)
   • Names of all law enforcement agencies involved
3. Research Filing Location:
   • Identify the correct court (district, county, or municipal)
   • Must be in the county where the arrest occurred
   • Note: Different rules apply for fine-only offenses

Step 3: Filing the Petition for Expunction

Filing the petition for expunction is a critical step that requires careful attention to detail. Here’s what you need to know, as described by Graham and the State Bar of Texas’ guide to the expunction process.

1. Prepare the Petition:
   • Draft a verified (notarized) petition
   • Include a comprehensive list of all agencies that may have records
   • Add physical or email addresses for all agencies
   • Include a blank notice of hearing form
2. File with the Court:
   • Submit to the appropriate court clerk
   • Pay required filing fees
   • Ensure all copies are properly certified
   • Keep copies of everything filed
3. After Filing:
   • Court will set a hearing date (at least 30 days after filing)
   • Court sends notices to all listed agencies
   • Agencies have the right to contest the expunction
   • Prepare a draft expunction order for the judge
4. Attend the Hearing:
   • Be prepared to prove eligibility
   • Bring draft order for expunction
   • Address any objections from agencies
   • If granted, ensure order is properly distributed

This process requires strict attention to detail, as any missing information or procedural errors could result in delays or denial of your expunction request.

Step 4: The Expunction Process

Once you’ve filed your petition, the expunction process begins. This stage involves several key steps and potential outcomes.

Notice and Potential Contestation

After filing, the prosecuting agencies are notified of your expunction request. They have the right to contest the expunction. “The district attorney or whoever prosecuted is given notice and can file paperwork to contest it,” Graham says.

Court Hearing

A court hearing is typically scheduled to review your petition. The nature of this hearing can vary:

• Uncontested hearings: If no one opposes your expunction, the judge may sign the order without requiring your presence.
• Contested hearings: If your expunction is challenged, you’ll need to present your case before the judge.

Judge’s Decision

Based on the hearing, the judge will decide whether to grant or deny your expunction request. If granted, an order for expunction will be issued.

Step 5: After the Expunction Order is Granted

Receiving an expunction order is a significant milestone, but it’s not the end of the process.

“That order then is served to entities with records,” Graham says. “That may be a police agency, or a sheriff that handles jail, or DPS [Department of Public Safety] in Austin, or other reporting agencies that keep records. We want to serve each entity with the order that records be destroyed.”

After the order is granted:

1. Serve the order to all relevant agencies.
2. Follow up to ensure compliance with the expunction order.

Remember, even if the expunction order is granted, the records don’t just disappear – you must serve that order to each agency that has those records yourself (or have an attorney do it for you).

Alternative Option: Non-Disclosure

While expunction is the gold standard for clearing your record, not all cases qualify. In such situations, non-disclosure might be an alternative worth considering.

Non-disclosure is a legal process that seals your criminal record from public view, although it remains accessible to law enforcement and some government agencies.

“Besides expunctions, there is a second category: a non-disclosure, and that is second best to an expunction,” Graham says. “That is where the record is sealed (although not destroyed).”

Non-disclosure may be an option for cases involving:

• Deferred adjudication
• Certain types of probation
• Some misdemeanor convictions

While not as comprehensive as expunction, non-disclosure can still significantly impact your life by limiting public access to your criminal record. You can even deny that you were ever charged if asked by an employer or anyone else.

Importance of Legal Assistance

Texas expunction laws are intricate, with numerous eligibility requirements and procedural steps. Importantly, expunctions may only be applied for once – meaning if a judge denies an expunction, that decision is final. That’s why it’s crucial to get it right the first time. An experienced attorney can:

• Accurately assess your eligibility for expunction or non-disclosure
• Guide you through each step of the process
• Represent you in court if necessary
• Ensure all required documents are properly filed and served

By seeking professional legal assistance, you can increase your chances of a successful expunction and avoid potential pitfalls that could delay or derail your case. An expunction can literally change your life – don’t leave it to chance by trying to do it yourself.

Take Action Now: Clear Your Record with Norris Legal Group

Don’t let a past mistake continue to impact your future. The experienced team at Norris Legal Group is ready to help you navigate the expunction process and clear your record. Our deep understanding of Texas expunction laws and proven track record of success make us the ideal partner in your journey towards a clean slate. Contact Norris Legal Group today for a confidential consultation. Let us help you take the first step towards a brighter, unrestricted future. Your fresh start is just a phone call away.