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Texas Expunction FAQs

Who qualifies for expunction in Texas?

Texas Code of Criminal Procedure Chapter 55A provides several paths to expunction, including qualifying trial-court acquittals, pardons, actual-innocence relief, and certain arrests that did not result in a final conviction. A dismissal, grand-jury no-bill or completed diversion program does not automatically qualify. The charging history, reason for dismissal, supervision history and applicable timing rules matter. An appellate reversal alone is not enough; a qualifying appellate acquittal has a separate, discretionary expunction route.

You may also qualify after successfully completing deferred disposition for a Class C misdemeanor, if the court dismisses the complaint and the other expunction requirements are met. The Class C exception is to the community-supervision restriction—not a blanket exception allowing every final Class C conviction to be expunged. Completion and dismissal do not clear the record automatically; an expunction order is still required.

Multiple charges require a closer review. An ineligible misdemeanor from the same arrest does not automatically prevent expunction of another qualifying misdemeanor, but same-transaction felony charges and the separate criminal-episode restriction for acquittals can affect relief. Most convictions cannot be expunged, although specific statutory exceptions exist.

What is the difference between expunction and nondisclosure?

An expunction order addresses qualifying records through the return, destruction or removal of identifying information required by Chapter 55A, subject to statutory exceptions. An order of nondisclosure under Government Code Chapter 411 restricts public disclosure but does not erase the record. Criminal justice agencies and other recipients authorized by law may still access nondisclosed information.

Neither remedy supports a blanket promise that no government record will remain. Each order applies to the records it covers, not necessarily your entire criminal history.

Can a DWI be expunged in Texas?

A qualifying acquittal, dismissal or other statutory ground may support expunction of a DWI arrest. Dismissal after a qualifying pretrial intervention program can support relief, but the remaining eligibility requirements still apply. An ordinary DWI conviction generally does not qualify for expunction; specific grounds such as a pardon or qualifying actual-innocence relief require a separate review.

Some people with DWI convictions may qualify for an order of nondisclosure under separate rules. Not every first offense qualifies. Prior history, the offense, completion of the sentence or supervision, applicable waiting periods and other statutory restrictions matter. Driver’s-license suspension or revocation records have separate restrictions and should not be assumed to disappear with the criminal arrest records.

How long does the expunction process take?

Timing depends on the legal route, court schedule, notice requirements and any opposition. Under Chapter 55A’s general petition procedure, a hearing cannot be set earlier than the 30th day after filing. That is a minimum hearing period, not a deadline for finishing the case. Some matters, including qualifying trial-court acquittals, use separate procedures.

The court’s order and the later handling of records are different stages. There is no universal 180-day deadline for every agency, court or background-check company to destroy all records. The law has specific record-disposition rules and retention exceptions.

Does an expunction remove all traces of the arrest?

An expunction is more than sealing a public record, but it does not guarantee that every trace disappears. The final order triggers duties concerning covered records. Depending on the record and legal route, those duties include returning records to the court, destroying records or removing identifying information. Texas law also permits or requires retention of certain records, including specified law-enforcement and prosecutor records and the confidential expunction order itself.

The clerk sends the final order to the Texas recipients specified by law. DPS handles notice to central federal criminal-record depositories and the private entities specified by statute. These procedures do not guarantee that every third-party background report updates immediately.

After a final order, Texas law generally permits you to deny the arrest and the existence of the expunction order. If questioned under oath in a criminal proceeding about the expunged arrest, you may state only that the matter has been expunged. Statutory retention and use exceptions still matter.

How much does an expunction cost in Texas?

Court filing fees typically run $250–$400 depending on the county. This is a general estimate of filing fees, not a cap on every court charge or the cost of legal representation. The court, legal route, notice requirements and any applicable fee relief can affect the amount. Current district-clerk schedules in Harris and Fort Bend Counties list a $350 base filing fee for an ordinary civil expunction case.

The Napier Law Firm’s typical fee is $2,000 per expunction petition, including filing fees and full representation for that petition. The filing fees described above are included in that typical fee, not added on top. If your matter requires more than one petition, each petition is priced separately. The number of petitions depends on the matter; not every arrest necessarily requires its own petition.

Practice Areas

We all get caught up in situations and make wrong choices we don’t intend to. As a result, some people end up with criminal records that haunt them for the rest of their lives.

Are Galveston County employers considering other people over you due to your criminal record? Are you facing difficulties getting housing or securing a loan due to your criminal record?

A Galveston County expungement lawyer can help you overcome the challenges you face due to your criminal record. They can provide you with a fresh start, assisting you in clearing your criminal record. Schedule a free consultation and discuss your situation with us. We have helped many people across Galveston County get their criminal records expunged.

Why Napier Law Firm Can Be Your Best Choice for Your Expungement

Napier Law firm has been helping Texans for years to defend themselves and secure their futures, whether it’s:

Misdemeanors
Felonies
Expungement of criminal records

Because our founder used to work with a district attorney’s office, he is well versed with the criminal justice system and the tactics prosecutors present in expungement hearings. He uses his extensive experience to protect your best interests and get you expunction relief.

The district attorney’s office awarded him for his excellence in criminal trials four times. Furthermore, legal directories rank him for his criminal law expertise and track record of success:

Avvo rating – 10/10
Justia rating – 10/10
Super Lawyers – Rising Star
National trial lawyers – Top 40 under 40

When you decide to work with Napier Law Firm for your expungement needs, you can expect personalized attention and all the support you need. We can:

Handle all legal paperwork
Represent you in the expungement hearing
Help obtain an order covering eligible records and address the clerk’s and DPS’s statutory notice procedures

Call us today to schedule a free consultation with an experienced Galveston County, TX, expungement lawyer. We can help you get your records cleaned and regain freedom.

Who Qualifies for Expungement

Texas Code of Criminal Procedure Chapter 55A provides several paths to expunction. Qualifying trial-court acquittals, pardons, actual-innocence relief and certain arrests that did not result in a final conviction may support relief. A dismissal, no-bill or completed diversion program is not enough by itself. The charging history, reason for dismissal, supervision history and applicable timing rules matter. Most convictions cannot be expunged, although specific statutory exceptions exist.

A qualifying trial-court acquittal, subject to statutory restrictions.
A qualifying pardon or actual-innocence ground.
An arrest that meets the applicable uncharged, dismissal or limitations route. A no-bill or completed diversion program does not automatically clear a record.
An appellate acquittal meeting Article 55A.101 may support discretionary relief. A reversal alone is not enough; a court-of-appeals acquittal also requires the discretionary-review period to have expired.
Mistaken identity has a separate route for removing the innocent person’s identifying information. It does not simply erase the actual offender’s conviction.

Supervision and conviction history matter:

Ordinary deferred adjudication for an offense above Class C generally does not satisfy the no-community-supervision requirement for the dismissal/uncharged-arrest route.
Parole follows a prison sentence and is not the same as deferred adjudication or community service. Completing parole does not itself make a conviction eligible for expunction.

A statutory exception, such as a qualifying pardon or actual-innocence ground, needs its own review. Expunction and nondisclosure should not be treated as interchangeable.

Community service can be a condition of a disposition; it is not itself the legal definition of deferred adjudication and does not determine expunction eligibility by itself.

Different Treatment for Certain Misdemeanor Offenses

You may qualify after successfully completing deferred disposition for a Class C misdemeanor if the court dismisses the complaint and the other expunction requirements are met. The Class C exception concerns court-ordered community supervision; it is not a blanket exception for final Class C convictions. Completion and dismissal do not clear the record automatically. An expunction order is still required.

The precise statute and any enhancement control the grade. Class C examples can include:

Public intoxication under the ordinary Penal Code Section 49.02 rule; age-specific provisions and repeat-offense enhancement rules require separate review.
Most disorderly-conduct variants, excluding the Class B firearm-discharge and firearm-display variants in Section 42.01(a)(7)–(8).
Some fine-only traffic offenses. Do not assume that a drug charge or every traffic offense is Class C.

Texas expungement laws are complex. It’s difficult to determine whether you qualify for expungement.

Some Galveston County residents qualify under a route they have not considered. If expunction is unavailable, an order of nondisclosure may be worth a separate eligibility review. Nondisclosure restricts public disclosure; it does not erase the record.

Call us today to discuss your situation with our experienced expungement attorneys and find out if you qualify for expungement or any other options to clear your criminal records.

When Can You Apply for Expungement?

The 180-day, one-year and three-year periods in Article 55A.052 apply to a specific route—not every expunction. That route requires release, no final conviction or pending charge, and no disqualifying court-ordered community supervision. An indictment or information charging the target misdemeanor, or any felony arising from the same transaction, must not have been presented at any time after the arrest.

Other paths include qualifying dismissals under Article 55A.053 and expiration of limitations under Article 55A.054. A qualifying trial-court acquittal has separate rules. The statutory wait route can require retention of specified law-enforcement and prosecutor records; it is not a promise that every government record disappears.

Under that specific uncharged-arrest route, the alternatives are:

180 days after arrest for a Class C misdemeanor, if there was no same-transaction felony charge.
One year after arrest for a Class A or B misdemeanor, if there was no same-transaction felony charge.
Three years after arrest for a felony or when there was a same-transaction felony charge.
Alternatively, the attorney representing the State may certify that the arrest records are not needed for any criminal investigation or prosecution, including another person’s case. This certification is not automatic.

Galveston filing and representation

The proper court depends on the county of arrest or alleged offense and the statutory route. A qualifying fine-only case may be filed in a justice court or municipal court of record; other petitions use the district-court or applicable special procedure. Do not use a Houston or Harris County address, agency list or fee quote for a Galveston matter.

Choose the correct court. Under the general petition route, venue is a district court in the county of arrest or alleged offense. Article 55A.252 also permits qualifying fine-only petitions in a justice court or municipal court of record. Qualifying trial-court acquittals and other special routes have separate procedures.
Prepare a verified petition with the required identifying information, case details and agency/entity addresses. The clerk’s posted agency list is a starting point, not a guarantee that every recipient for your case is listed.
The court sets the general petition hearing no earlier than the 30th day after filing. The court/clerk provides the petition and hearing notice under Article 55A.254; DPS notifies the listed central federal depositories. The prosecutor may contest eligibility, and a statutory certification or recommendation is a separate legal act—not the clerk’s role.
If relief is granted, the clerk sends the final order to the Texas recipients specified by law. DPS handles the federal-depository and private-entity notices specified by statute. The order and later record handling are different stages; no universal agency-completion deadline is promised.

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.

The Napier Law Firm’s typical fee is $2,000 per expunction petition, including filing fees and full representation for that petition. Those filing fees are included, not added on top of the typical fee. If your matter requires more than one petition, each petition is priced separately. Not every arrest necessarily requires a separate petition.

Erase Your Criminal Record With Napier Law Firm

At Napier Law Firm, we believe it’s unfair to let past mistakes follow us for the rest of our lives. Everyone deserves a chance to move forward with their life. Our criminal justice system is meant to reform society, not to punish solely.Our whole team works tirelessly to get you the best possible relief available in your situation so you can regain your freedom and have a clean record. Contact us today to discuss your situation with our Galveston expungement attorneys and learn if you qualify for expungement or other options to clear your criminal record. If you are facing other criminal charges, reach out to our knowledgeable and experienced criminal defense team in Galveston County for assistance.

Galveston County Expungement Lawyer