A criminal record can follow you long after you’ve paid your dues. It can make it harder to get a job, lease an apartment, or even volunteer at your child’s school. Fortunately, Texas law gives some people a second chance to wipe the slate clean or at least keep past mistakes out of public view.
Here’s what you need to know about expunction, who qualifies, and how the process works.
What Is Expunction?
In Texas, expunction (also called expungement) is the legal process of erasing a criminal record. If your record is expunged, it’s as if the arrest or charge never happened. It’s wiped from public view, and you can legally deny it occurred in most situations.
This differs from nondisclosure, which seals the record from public view but still allows law enforcement and certain agencies to access it.
Who Qualifies for Expunction?
Not everyone is eligible, but Texas law permits expunction in certain situations. You may qualify if:
- You were arrested but never charged
- Your charges were dismissed
- You were acquitted at trial
- You were the victim of identity theft
- You were convicted but later pardoned by the Governor or President
- You completed a pretrial diversion program, depending on the county
Convictions usually cannot be expunged unless they meet very narrow exceptions, such as a pardon or wrongful conviction.
Also important: if you were arrested and the statute of limitations has expired without charges being filed, you might qualify for expunction based on that alone.
What About Class C Misdemeanors?
Class C misdemeanors, such as public intoxication or certain traffic violations, may be eligible for expunction after the successful completion of deferred adjudication. This only applies to Class C offenses. Higher-level offenses handled through deferred adjudication are typically eligible for nondisclosure, rather than expunction.
Waiting Periods Apply
Even if you qualify, you often can’t file right away. Texas requires a waiting period after the arrest, depending on the level of offense:
- Class C misdemeanors: 180 days from arrest
- Class A or B misdemeanors: 1 year from arrest
- Felonies: 3 years from arrest
In some cases, you may be able to waive the waiting period if the prosecutor certifies that the case won’t be filed.
How the Expunction Process Works
The expunction process isn’t automatic. You must file a petition in the district court in the county where the arrest occurred. You’ll need:
- A copy of your criminal history
- Case details, including cause numbers and court information
- A drafted petition following state law requirements
If the court grants your request, it will issue an expunction order directing state agencies and databases to delete or destroy your records. The process can take several months from start to finish.
Can I Do This Without a Lawyer?
Technically, yes. Realistically, it’s risky. Expunction is detail-heavy and highly procedural. A single error in the petition or failure to notify the right agencies can derail your case.
At Guest & Gray, we’ve helped many clients in Kaufman and surrounding counties clear their records. We are familiar with the necessary paperwork, know how to avoid delays, and strive to make the process as smooth as possible.
Why It Matters
A cleared record can open doors that were previously shut. Better job opportunities. More housing options. Peace of mind knowing your past won’t show up on every background check.
But time is a factor. If you’re eligible, the sooner you act, the sooner you can move forward.
Contact Our Legal Team Today
If you’re wondering whether you can get your criminal record expunged in Texas, don’t guess. Consult with a lawyer who thoroughly understands the process.
Let’s find out if you qualify for a fresh start. Contact Guest & Gray today.
