By Graham Norris

That parking ticket from 2019 might not keep you awake at night, but the arrest record from that misunderstanding downtown? That’s a different story. In Fort Worth, countless residents discover that a single arrest—even one that never led to conviction—can shadow them through job applications, housing searches, and professional licensing for years to come.

The good news is that Texas law provides a pathway to truly erase certain criminal records through expunction. Unlike sealing records, expunction means complete destruction—as if the incident never happened. However, the process involves strict eligibility requirements, specific waiting periods, and complex legal procedures that leave many people with more questions than answers.

Expunction Eligibility and Process Questions

Grasping whether you qualify for expunction represents the biggest hurdle most people face. The law is highly specific about which situations qualify, and even minor details about how your case was resolved can determine your eligibility.

Am I Eligible for Expunction in Fort Worth?

Expunction eligibility depends entirely on how your case concluded and the specific circumstances surrounding your arrest. The process is very case-specific, depending on both how the case was resolved and the timeline involved, with some situations having longer waiting periods than others.

The most common qualifying scenarios include cases that were dismissed by the prosecutor, situations where you were found not guilty by a jury, or instances where a grand jury issued a no-bill decision (meaning they found insufficient evidence to proceed). Additionally, people who successfully completed certain diversion programs may qualify, as these programs often allow defendants to withdraw their guilty plea and have the case dismissed upon completion.

How Long Do I Have to Wait Before Filing?

The waiting period before you can apply for expunction varies based on the level of offense and whether you were actually charged. For misdemeanor cases, you typically must wait about two years from the date of arrest. Felony cases generally require a three to five-year waiting period. However, if you were found not guilty at trial, you can apply for expunction immediately.

These waiting periods stem from the statute of limitations—the time limit prosecutors have to file charges against you. The law requires this waiting period to ensure that the state can no longer prosecute you for the offense before allowing records to be destroyed.

What If I Have Multiple Arrests or Charges?

Multiple arrests or charges significantly complicate expunction eligibility. Some situations allow for the expunction of multiple records, while others may prevent expunction entirely. The key factor is whether your arrests arose from the same “criminal episode.”

Texas law defines a criminal episode as offenses committed in the same transaction or related transactions that constitute a common scheme. If you were arrested for multiple offenses during the same criminal episode and convicted of any one of them, you typically cannot expunge the others—even those that were dismissed or resulted in acquittal.

What Disqualifies Me From Getting an Expunction?

Recognizing what prevents expunction can save you time and help set realistic expectations about your options. Texas law contains several absolute bars to expunction, and violating certain conditions can permanently disqualify you from clearing your record.

• Any conviction that resulted in a finding of guilt – If you were convicted of any offense and that conviction stands, you cannot obtain expunction unless you receive a pardon based on actual innocence or are later acquitted on appeal
• Community supervision or probation for non-Class C offenses – If you were placed on deferred adjudication, regular probation, or any form of community supervision for a misdemeanor above Class C or any felony, expunction is not available even if you successfully completed the supervision
• Family violence and sexual offense charges – Most charges involving family violence assault or sexual offenses cannot be expunged, even if dismissed, due to public safety concerns and victim protection policies
• Recent felony convictions – If you were convicted of a felony within five years preceding your arrest, you’re generally ineligible for expunction of the newer arrest records
• Probation violation warrants – Arrests that occurred because of a probation or community supervision violation warrant cannot be expunged
• Absconding from jurisdiction – If you intentionally fled the area after being released on bond and failed to appear for court proceedings, you lose eligibility for expunction based on statute of limitations expiration
• Pending charges from the same incident – You cannot expunge records if you remain subject to prosecution for any offense arising from the same arrest or criminal episode

Expunction vs. Non-Disclosure Questions

One of the most common sources of confusion involves recognizing the difference between expunction and non-disclosure orders. Both processes can help clean up your record, but they work in fundamentally different ways.

Expunction represents the gold standard for clearing your record. When a court grants expunction, all records related to your arrest are completely destroyed. Police departments, courts, state agencies, and background check companies must eliminate every trace of the incident.

Non-disclosure orders work differently by sealing records rather than destroying them. Government agencies and law enforcement can still access sealed records, but private companies and most employers cannot. This makes non-disclosure the next best option when expunction isn’t available.

The practical difference becomes clear when dealing with applications and interviews. Once your case is expunged, you can legally deny that the arrest ever occurred. If you’re in an application process with an employer, you can deny that the arrest ever happened.

With non-disclosure, you gain similar denial rights for most private sector applications. However, certain government positions and professional licenses may still require disclosure of sealed records.

Non-disclosure typically becomes an option when you’ve successfully completed deferred adjudication probation but don’t qualify for full expunction due to the nature of your case resolution.

Practical Process and Outcome Questions

Beyond eligibility questions, people want to grasp the nuts and bolts of actually obtaining an expunction in Fort Worth. The process involves several steps and can take considerable time and effort to complete properly.

• Timeline expectations – The expunction process typically takes several months in Fort Worth courts, depending on court schedules and case complexity. Simple, uncontested cases may move faster, while complex situations involving multiple agencies or contested proceedings can take considerably longer
• Cost considerations – Expunction costs vary significantly depending on your case’s complexity and applicable court fees. Filing fees, service costs, and potential attorney fees all factor into the total expense. Each case requires individual cost assessment based on specific circumstances
• Handling denials – If your expunction petition is denied, you may be able to appeal the court’s decision or explore alternative options like non-disclosure. Sometimes denials result from timing issues or incomplete paperwork rather than fundamental ineligibility
• Court appearance requirements – Whether you need to appear in court depends on your specific case and whether anyone contests your expunction. Uncontested cases with proper documentation may not require your physical presence
• Record destruction process – After the court grants expunction, the real work begins with serving the expunction order to every entity that might have records of your arrest. This includes police agencies, sheriff’s offices, state reporting agencies, and private background check companies. Each entity must then destroy their records and confirm compliance
• Background check results – Once records are properly expunged, they will not appear on standard background checks. The arrest effectively never happened from a legal standpoint
• Self-representation considerations – While you can handle an expunction without an attorney, the process involves complex legal requirements, strict deadlines, and detailed procedural rules. Mistakes can result in denial or incomplete record destruction, potentially requiring you to start over

Take Control of Your Future: Get Your Fort Worth Expunction Started Today

The expunction process requires precise legal knowledge, attention to procedural details, and strategic thinking about how to present your case to the court. As demonstrated throughout these FAQs, even seemingly straightforward situations can involve complex eligibility requirements and potential pitfalls that could derail your petition.

Norris Legal Group has helped clients work through over 3,600 criminal cases, securing more than 400 dismissals and 60 no-bills—results that reflect our commitment to fighting for the best possible outcomes. Our approach combines prosecutorial insight with transparent communication, ensuring you grasp every step of the expunction process while we handle the complex legal work.