June 14, 2023
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
Committing a crime or misdemeanor in Texas will get you a fine or prison time, among other punishments. The problem is that those actions can haunt you in every background check. Not only that, but past convictions can lead to your termination once disclosed at work!
If your record meets Texas expunction requirements, you can seek a court order addressing the covered records. Eligibility is not guaranteed by sentence completion or the passage of time. Read on for the process.
Texas Expunction of Criminal Record Laws
Before jumping into the expunction process steps, let’s discuss Texas expungement laws first.
There are two ways for you to help clear your arrest records. Those are getting an expunction or a non-disclosure order.
So, what’s the difference between both legal processes?
We can help you seek an expunction—not merely an order sealing your record. An expunction order directs the return or destruction of covered records, or removal of identifying information, under Texas law. A reversed conviction is not automatically expungeable. A qualifying appellate acquittal is a discretionary route; pardons and actual-innocence relief have separate statutory conditions.
Non-disclosure laws, on the other hand, don’t help you clear your criminal offense. However, as the name suggests, the former prohibits public entities, such as police departments or county courts, from disclosing some parts of your criminal history.
How to Expunge Criminal Record in Texas
Generally, the expunction process is a challenging feat. You must meet the eligibility requirements and present the required documents to the proper court.
Afterward, you have to attend a hearing, which decides the outcome of your expunction petition.
Here’s a detailed explanation of each step:
Step 1: What Determines Expunction Eligibility?
A first offense, youth or dismissal alone does not establish expunction eligibility. The disposition, charging history, supervision and selected statutory route must be reviewed.
Current Texas Code of Criminal Procedure Chapter 55A provides the following possible routes, each with its own conditions:
- An unfiled case meeting Articles 55A.051 and 55A.052, including the applicable waiting period or prosecutor certification
- A qualifying trial acquittal under Article 55A.002, subject to Article 55A.151, or a dismissal meeting Articles 55A.051–.054; a no-bill or dismissal alone is insufficient
- A qualifying pardon under Articles 55A.003–.004 or an order expressly granting relief based on actual innocence under Article 55A.003
- A qualifying class C misdemeanor after successful deferred disposition and dismissal, with the remaining Chapter 55A requirements and an expunction order; juvenile sealing follows separate law Related reading: class C misdemeanors.
- Qualifying Alcoholic Beverage Code records under Section 106.12—not every alcohol-related charge involving someone under 17
- Identifying information of a qualifying mistaken-identity victim under Article 55A.006—not a general expunction of an identity-theft offender’s conviction
What Crimes Are Not Eligible for Expungement In Texas?
An ordinary final conviction or Chapter 42A court-ordered community supervision generally bars the Article 55A.051 route, with its Class C supervision exception. Ending probation does not undo that bar. Narrow statutory grounds such as qualifying pardons require separate analysis.
A dismissed felony does not always require waiting for limitations to expire. Articles 55A.052–.054 provide different routes, and the release, disposition and supervision conditions of Article 55A.051 still apply.
The 180-day, one-year and three-year periods in Article 55A.052 apply to a particular no-indictment-or-information route, not every expunction. The person must satisfy Article 55A.051; the target misdemeanor and any felony arising from the same transaction must meet the charging requirements. Prosecutor certification under Article 55A.052(a)(4) is an alternative to those periods. Qualifying dismissal grounds under Article 55A.053 and expiration of limitations under Article 55A.054 are separate routes. A limitations calculation must account for the actual offense and any tolling; there is no universal two- or three-year rule.
Step 2: File for an Expunction Petition
Once you’ve checked your expunction eligibility, you can file a petition with the court. This process can be demanding, as any document errors can put your efforts in vain.
For that reason, consider hiring a criminal defense attorney. Not only will the former help you determine your eligibility and prepare the necessary files, but the lawyer can also talk on your behalf at the hearing.
Now, you might wonder: what are the required files to file an expunction petition? The truth is that it will vary depending on your case.
The general petition route is a district court in the county of arrest or alleged offense. For fine-only arrests, Article 55A.252 also allows filing in a justice court or municipal court of record in the appropriate county. Special routes, including qualifying acquittals and mistaken identity, have their own procedures.
To do so, you’ll fill out a form requiring the following:
- Personal identifying information
- The offense charged, including the place of arrest and date
- The arresting agency, case number, court of offense and the required record-holder list with applicable physical and email addresses; the verified petition must include Article 55A.253 information or explain an omission
Step 3: Schedule a Hearing
Once you’ve filled out the necessary information, check for the required document before scheduling a hearing. Usually, you can find a list of the former on the district court’s website.
Alternatively, you can ask your attorney about the files you need to hand over to the court. Make sure to attach all the paperwork that will help your case.
File in the court authorized for the applicable route, rather than assuming the original criminal court is always correct. Keep proof of filing and the documents needed to establish eligibility.
Court filing costs vary by court and filing procedure. Electronic petition and hearing-notice transmissions are not charged under Article 55A.254(e); the clerk charges $25 per listed recipient unable to receive electronic transmission under subsection (f). The Napier Law Firm’s typical fee is $2,000 per expunction petition, including filing fees and full representation for that petition. Multiple petitions are separately priced; this does not mean that every arrest requires its own petition. This quote is for expunction, not nondisclosure.
Under Article 55A.254, the court sets the general petition hearing no earlier than the 30th day after filing and gives the petition and hearing notice to the listed recipients, except central federal depositories. The clerk handles the statutory transmissions; DPS notifies the listed federal depositories. The petitioner must supply a complete, accurate agency list.
What Happens in an Expunction Petition Hearing?
As mentioned earlier, the court invites the parties involved in your case to the hearing as respondents. The former can argue against your expunction. For that reason, it’s best to prepare for the hearing.
Be prepared to prove the statutory requirements using the charge and disposition records. Employment or housing hardship alone does not establish entitlement to expunction.
Aside from that, make sure to look presentable and dress appropriately for court.
Step 4: Wait for the Outcome
The court must grant an entitlement route when its requirements are established; Article 55A.101 routes are discretionary. Prepare an accurate proposed order for the court’s consideration.
When the order is final, the clerk sends it to DPS, the Office of Court Administration and the listed state and local governmental entities. DPS provides the required federal and private-entity notices. The order governs the covered records; agency processing is not an instant or universal record-clearance guarantee.
After the order is final, follow up on the relevant criminal-history records and any reported noncompliance. Chapter 55A does not require every petitioner to visit DPS exactly six months after signing.
What to Do If an Expunction Petition Isn’t Granted
The next step after denial depends on the reason, finality and available procedural remedies. There is no general Chapter 55A rule requiring everyone to wait one year before another petition; appeal and other deadlines need prompt case-specific review.
A non-disclosure petition may be an option only if its separate Government Code Chapter 411 requirements are met. Expunction denial does not establish nondisclosure eligibility.
Nondisclosure limits public disclosure of covered criminal history but does not destroy it. Authorized agencies and other statutory recipients may still obtain the information.
You need to meet certain criteria, file a petition, and attend a hearing. If all goes well, the judge will grant you an order of non-disclosure.
Wrapping Up
As you can see, figuring out how to expunge a criminal record in Texas isn’t straightforward. The former is a complex process that requires strict adherence to eligibility criteria.
Accurate documents and proof of the correct statutory route matter. If expunction is unavailable, separately evaluate nondisclosure rather than assuming it is an automatic fallback.
Whether you qualify for the former or the latter, consulting with a criminal defense attorney can help you navigate any challenges during the expungement process.
While it may be time-consuming, clearing your criminal history will help you move forward with your personal and professional life.
If you need a prior criminal charge erased off your record in Houston, contact us today to schedule a consultation and learn more about how we can help. We also serve Harris County, Montgomery County, Houston, Galveston County, Conroe, and Fort Bend County.
Contact The Napier Law Firm today for a free consultation. Call us at (713) 470-4097 or fill out our online form. We serve clients throughout Houston, The Woodlands, Conroe, and surrounding areas in Harris, Montgomery, and Fort Bend counties.