In Texas, expunction is a legal process that allows eligible individuals to completely erase certain criminal records from state databases and agency files, as if the arrest or charge never occurred. This process covers everything from court files and arrest records to DNA specimens and criminal history database entries.

This guide examines how Texas handles expunctions, including eligibility requirements and the process for filing. We’ll explore what records can be expunged and the procedural steps required under Texas law.

Criminal Record Expunctions in Texas: An Overview

Criminal record expunctions in Texas offer eligible individuals the opportunity to effectively erase their criminal records, as if the arrest or charge never occurred. Under Chapter 55 of the Texas Penal Code, expunction applies to more than just paperwork at the courthouse – it encompasses a broad range of records and documentation:

• DNA records created under the Government Code
• Records documenting the collection of DNA specimens
• Transfer records related to DNA specimens sent to the Department of Public Safety
• Arrest records and associated documentation
• Court files and records related to the case
• Law enforcement agency records
• Criminal history database entries

Who Can File for an Expunction in Texas?

You may be eligible for an expunction if:

• You were acquitted of the offense
• You were convicted but later pardoned or granted relief based on actual innocence
• Your charges were dismissed after completing a veterans treatment court program, mental health court program, or pretrial intervention program
• You were arrested due to mistaken identity
• You were convicted but later acquitted by an appeals court
• Your charges were dismissed or quashed due to mistake, false information, or lack of probable cause
• You were convicted of unlawfully carrying a weapon before September 1, 2021 (when Texas’s constitutional carry law went into effect)

Who Can’t File for an Expunction in Texas?

You are not eligible for an expunction if:

• You were released on conditional discharge for a felony
• You have a felony conviction within five years before the arrest
• You are still subject to prosecution for any offense from the arrest

Timing Requirements

The waiting period to file depends on the offense level:

• Class C misdemeanors: 180 days from arrest date
• Class A and B misdemeanors: One year from arrest date
• Felonies: Three years from arrest date
• Cases ending in acquittal: No waiting period – you can file immediately

The Texas Expunction Process

The expunction process in Texas involves several critical steps and requirements that must be carefully followed to ensure success.

Preparing and filing an expunction petition requires:

• Gathering all relevant case information and documentation
• Filing the petition with the appropriate court
• Providing notice to all agencies that may have records related to your case
• Paying required filing fees
• Following specific court procedures for submission and service
• Attending any required hearings
• Ensuring proper notification of all relevant parties

Additionally, the law requires that the petition be filed according to strict procedural guidelines. The clerk of the court must send certified copies of the expunction order to various agencies through secure electronic mail, electronic transmission, facsimile transmission, or certified mail with return receipt requested.

In some cases, hand delivery may be permitted, but proper documentation of receipt is essential.

What Happens After an Expunction is Granted

Once a court grants your expunction petition, a detailed process begins to ensure all relevant agencies properly handle your records. The court clerk initiates a systematic notification process that reaches every agency holding records related to your case:

• The Department of Public Safety receives a certified copy for their Crime Records Service
• All state agencies named in the order receive official notification
• Local law enforcement agencies must comply with the expunction order
• Government entities must destroy or return records as specified
• DNA records and specimens must be removed from databases
• Digital records must be deleted from all systems
• Agencies must confirm compliance with the court order

Contact Norris Legal Group for Help with Your Expunction

If you’re seeking an expunction in Tarrant County, working with experienced Fort Worth expunction lawyer can be crucial for increasing your chances of success. The team at Norris Legal Group has extensive experience handling expunctions and stays current with Texas law.

Contact Norris Legal Group today for a free consultation to discuss your case and explore your legal options. Our attorneys will evaluate your situation and help you understand the best path forward under Texas law.