Imagine a world where your past mistakes no longer haunt your future — a world where that one regrettable night or misunderstanding doesn’t follow you to every job interview or housing application. For many in Tarrant County facing the shadow of an arrest record, this isn’t just a dream — it’s a possibility with an experienced Fort Worth criminal defense lawyer at your side.

In this guide, you’ll learn about the ins and outs of expunctions in Fort Worth. We’ll explore what an expunction is, who’s eligible, and how the process works. You’ll learn about alternatives like non-disclosure and understand why choosing the right lawyer can make all the difference in clearing your record.

Whether you’re seeking a fresh start or simply want to understand your options, this page will equip you with the knowledge you need to move forward.

Table of Contents:

• What Is an Expunction?
• Eligibility for Expunction in Texas: What the Law Says
• How Common Are Expunctions in the Fort Worth Area?
• The Expunction Process in Fort Worth
• Benefits of Expunctions and Non-Disclosures
• Why Choose Norris Legal Group as Your Fort Worth Expunction Lawyer
• FAQs About Expunctions in Fort Worth
• Take Action Now: Reclaim Your Future With a Fort Worth Expunction Lawyer

What Is an Expunction?

An expunction in Texas is when a district court orders that all records of an arrest and any related court cases are destroyed. Only certain cases qualify for expunction, and eligibility depends entirely on how the case was resolved, typically requiring a dismissal, a not guilty verdict, or a no-bill decision.

“With expunctions, all records are destroyed — that’s the gold standard for cleaning up your record,” says Graham Norris, founder of Norris Legal Group.

Let’s break this down:

1. Dismissal: This is when the prosecutor asks the court to drop the case, and the judge agrees.
2. Not guilty verdict: This happens when a jury decides there wasn’t enough evidence to prove you did the crime.
3. No-bill decision: This is similar to a dismissal, but it happens earlier in the process when a grand jury votes that there isn’t enough evidence to indict a case.

There’s one more way to qualify for expunction: completing a diversion program. These programs might require you to plead guilty at first, but if you finish the program successfully, you can take back your guilty plea, and the case gets dismissed.

When can you apply for an expunction? It depends on your case:

• For misdemeanors, you usually have to wait about 2 years.
• For felonies, the wait is usually 3-5 years.
• If you’re found not guilty, you can apply right away.

These waiting periods are based on the statute of limitations, which is the time limit for charging someone with a crime.

Applying for an expunction isn’t as simple as filling out a form. It’s actually a civil court process related to your criminal case. You have to pay a filing fee and submit a petition to the court. The district attorney gets a chance to argue against your expunction if they want to.

If the judge approves your expunction, an order is sent to every place that might have records of your arrest — police stations, jails, state agencies, and so on. These places then have to destroy all records of your arrest.

Non-Disclosure vs. Expunction in Texas

It’s important to know that an expunction is different from something called “non-disclosure.” Non-disclosure is the next best thing if you can’t get an expunction. Instead of destroying records, non-disclosure seals them. This means the government and police can still see the records, but private companies and most other people can’t.

“Once the case is sealed, you can actually deny that it happened,” Graham says. “So if you’re in an application process with employer, you can deny that this arrest ever occured.”

Remember, expunction laws can be complicated. Some types of cases, especially those involving family violence or sexual offenses, usually can’t be expunged or sealed. It’s always a good idea to talk to a Fort Worth expunction attorney.

“It’s very case specific,” Graham says. “It depends on how the case was resolved, and it also depends on timeline. Some have longer waiting periods than others. That’s why it’s mportant to contact an experienced attorney who can review that to make sure you’re eligible.”

Eligibility for Expunction in Texas: What the Law Says

To better understand your eligibility, it’s helpful to look at the actual Texas code. Under Article 55.01 of the Texas Code of Criminal Procedure, a person may be eligible for expunction of arrest records and files if:

1. The person was acquitted of the offense, except in certain cases involving multiple charges from the same criminal episode.
2. The person was convicted and subsequently pardoned or granted relief on the basis of actual innocence.
3. The person was convicted of certain unlawful carrying of a handgun offenses committed before September 1, 2021.
4. The charge was dismissed or quashed, and:
   • The statute of limitations has expired, or
   • The court finds that the indictment was dismissed due to mistake, false information, or other similar reason indicating a lack of probable cause.
5. The person completed a veterans treatment court program or a mental health court program, subject to certain conditions.
6. The person completed a pretrial intervention program.
7. The person was arrested due to mistaken identity.
8. The person was convicted but later acquitted by a court of appeals or the Texas Court of Criminal Appeals.

It’s important to note that there are specific waiting periods and conditions that apply to each of these scenarios. For example:

• For Class C misdemeanors with no felony charges, there’s a 180-day waiting period from the date of arrest.
• For Class A and B misdemeanors with no felony charges, there’s a one-year waiting period.
• For felonies, there’s a three-year waiting period.

Additionally, a person may not be eligible for expunction if they:

• Were released on conditional discharge for a felony.
• Have been convicted of a felony in the five years preceding the date of arrest.
• Are still subject to prosecution for any offense arising from the arrest.

House Bill 1927: How It Impacts Expunctions for Firearms Cases

House Bill 1927, also known as the Firearm Carry Act of 2021, introduced the concept of “constitutional carry” in Texas, which affects expunctions for these types of cases. Here are the key points of this bill:

1. Permitless Carry: The bill allows most Texans aged 21 and over to carry a handgun in public without a permit, as long as they’re not otherwise prohibited from possessing a firearm under state or federal law.
2. Expunction Eligibility: The bill amended Article 55.01 of the Texas Code of Criminal Procedure to allow for the expunction of certain firearms-related offenses. Specifically, it provides expunction eligibility for individuals convicted of unlawfully carrying a weapon under the old law (Section 46.02(a), Penal Code) before September 1, 2021.
3. Restrictions Remain: The bill maintains restrictions on carrying firearms in certain locations, such as schools, polling places, courts, airports, and businesses that derive 51% or more of their income from alcohol sales.
4. Enhanced Penalties: The bill increases penalties for illegal weapons possession by felons and members of criminal street gangs.
5. Business Rights: The legislation preserves property owners’ rights to prohibit weapons on their premises by posting appropriate signage.
6. Peace Officer Authority: The bill allows peace officers to temporarily disarm a person if they believe it’s necessary for safety reasons.

If you were convicted of unlawfully carrying a weapon before September 1, 2021, you may now be eligible for expunction under this new law.

How Common Are Expunctions in the Fort Worth Area?

While precise statistics for expunctions in Fort Worth are not readily available, we can gain insights by looking at data from nearby areas. In Dallas County, over 2,750 criminal cases have been expunged through the District Attorney’s Expunction Expo program over eight years, according to a July 2024 editorial in the Dallas Morning News.

Since those expunctions are related to a specific program, the expunction figures in Fort Worth may be significantly different, but it demonstrates that they are more common than most people think. Many individuals seek to clear their records each year, whether for employment opportunities, housing applications, or simply to move past a previous mistake.

The important thing to remember is that expunctions don’t happen automatically. A case doesn’t “fall off” your record – you have to file a petition with a district court to proactively obtain an expunction.

If you believe you might be eligible for an expunction in Fort Worth or Tarrant County, it’s crucial to consult with an experienced attorney. At Norris Legal Group, we can help determine your eligibility and guide you through the process, ensuring you have the best chance at clearing your record and securing a fresh start.

The Expunction Process in Fort Worth

The journey to expunge your record involves several steps and can be complex. Here’s an overview of what you can expect.

Filing the Petition

The process begins with filing a petition for expunction. This is a civil filing related to your criminal case and requires payment of a filing fee. The prosecuting entity (usually the district attorney) is given notice and has the opportunity to contest the expunction.

Hearing and Order

A hearing is set for your case. If the expunction is uncontested, you may not need to appear. The judge will review your petition and, if approved, sign the order for expunction.

Serving the Order

Once the order is signed, it must be served to all entities with records of your arrest or case. “We want to serve each entity with an order that records be destroyed,” Graham says. This can include police agencies, sheriffs’ offices, and state-level reporting agencies.

This is why having an experienced Fort Worth expunction lawyer on your side is so important: not only can they secure your expunction, they can also take the additional steps necessary to destroy all records so it never shows up again.

Benefits of Expunctions and Non-Disclosures

Clearing your record, whether through expunction or non-disclosure, can have far-reaching positive impacts on your life. These legal processes offer more than just peace of mind; they provide tangible benefits that can significantly improve your quality of life.

• Enhanced Employment Prospects: Many employers conduct background checks. A clean record can open doors to better job opportunities.
• Improved Housing Options: Landlords often screen tenants’ criminal histories. Expunction or non-disclosure can help you secure better housing.
• Restored Rights: Depending on your case, you may regain certain rights that were affected by your record.
• Personal Peace: Knowing that your past mistake won’t continue to haunt you can provide immense psychological relief.
• Social Standing: A clean record can improve your standing in your community and personal relationships.

Why Choose Norris Legal Group as Your Fort Worth Expunction Lawyer

Expunctions and non-disclosures are complex cases that require more than just legal knowledge — it demands experience, dedication, and a deep understanding of Texas courts and legal processes. Norris Legal Group brings all of these qualities to the table.

Our firm stands out for several reasons:

• Proven Track Record: We have a history of successful expunctions and non-disclosures in Fort Worth and surrounding areas.
• Personalized Approach: We understand that every case is unique and tailor our strategy to your specific situation.
• In-depth Knowledge: Our team stays up-to-date with the latest changes in expunction and non-disclosure laws.
• Local Expertise: We have extensive experience with Tarrant County courts and procedures.

FAQs About Expunctions in Fort Worth

Understanding expunctions can be challenging. Here are answers to some frequently asked questions to help clarify the process:

Q: How long does an expunction take? A: The process typically takes several months, depending on court schedules and case complexity.

Q: Can I expunge multiple arrests or charges? A: It depends on the circumstances of each case. Some situations allow for the expunction of multiple records, while others may not.

Q: What happens if my expunction is denied? A: You may be able to appeal the decision or explore alternative options like non-disclosure.

Q: How much does an expunction cost? A: Costs vary depending on the complexity of your case and court fees. Contact us for a personalized estimate.

Q: Can employers see expunged records? A: No, once a record is expunged, it’s as if it never existed and won’t show up on background checks.

Take Action Now: Reclaim Your Future With a Fort Worth Expunction Lawyer

Don’t let a past mistake define your future. The path to a clean record is within reach, and Norris Legal Group is here to guide you every step of the way. Our experienced Fort Worth expunction lawyers are ready to review your case, explain your options, and fight for your right to a fresh start.

Contact Norris Legal Group today for a confidential consultation. Let’s work together to clear your record and open the door to new opportunities. Your future self will thank you for taking this crucial step towards a brighter tomorrow.