What Is an Expunction in Texas—and Who Qualifies?

Stacked legal record files

A criminal record can follow an individual long after a case ends. In Texas, expunction offers a legal path to permanently remove certain arrests and charges from public records. According to data from the Texas Judicial Branch, thousands of expunction petitions are filed each year, often after arrests that never led to a conviction. Texas law provides strict eligibility standards, making professional guidance important for those seeking relief under the Texas expunction law.

Understanding how expunction works can help individuals move forward without the burden of a past arrest.

What Expunction Means Under Texas Law

An expunction permanently deletes arrest records from public view. Once granted, government agencies must destroy related files and may not disclose the event.

Expunction differs from record sealing and applies only in specific situations, such as:

  • Arrests that did not result in charges
  • Cases dismissed without court-ordered supervision
  • Acquittals after trial
  • Certain completed diversion programs

A criminal defense lawyer in San Antonio can review whether a case qualifies and prepare the required petition.

Who Qualifies for an Expunction in Texas?

Eligibility depends on the case outcome and the passage of mandatory waiting periods. Individuals may qualify if:

  • Charges were dismissed, and no supervision was ordered
  • The statute of limitations expired with no charges filed
  • The person was found not guilty
  • The arrest resulted from mistaken identity

Timeframes vary based on the alleged offense. For example:

  • Class C misdemeanors often require a 180-day waiting period
  • Class A and B misdemeanors may require one year
  • Felony arrests typically require three years

Individuals charged with DWI, drug offenses, or assault often consult a criminal lawyer or felony attorney in San Antonio, TX, to confirm eligibility before filing.

Benefits and Record-Clearing Timelines

An approved expunction removes barriers tied to background checks and public databases. Benefits include:

  • Improved employment opportunities
  • Fewer housing application obstacles
  • Restored professional licensing prospects
  • Legal authority to deny the arrest occurred

The process includes filing a petition, serving notice to agencies, and attending a hearing. A criminal law attorney can manage court filings and agency compliance.

Two lawyers in a courtroom

Clear Your Record With Legal Guidance

Expunction offers a fresh start, but strict rules apply. At the Law Office of Robert M. Maurer II & Associates, we help clients determine whether they qualify under the Texas expunction law and guide them through each procedural requirement. We review eligibility, prepare filings, and represent our clients in court to help move the process forward efficiently.

Contact us to discuss your eligibility, expected timelines, and the next steps toward clearing your record.

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