Texas Expungement Lawyer

Texas Expunction FAQs

Who qualifies for expunction in Texas?

Under Code of Criminal Procedure Chapter 55, you may qualify if your case was dismissed, you were acquitted, you completed a pretrial diversion program ending in dismissal, you were arrested but never charged (after the statute of limitations expires), or you were pardoned. Most convictions cannot be expunged.

What is the difference between expunction and nondisclosure?

Expunction (Chapter 55) destroys all records of the arrest — public and government — so you can legally deny it ever happened. An Order of Nondisclosure (Gov. Code § 411.071 et seq.) seals the record from public view but leaves it accessible to law enforcement and certain licensing agencies.

Can a DWI be expunged in Texas?

Only if the DWI was dismissed, you were acquitted, or you successfully completed pretrial diversion. A DWI conviction cannot be expunged. Qualifying first-time DWI convictions may be sealed under the Texas "Second Chance" law (HB 3016) through an Order of Nondisclosure.

How long does the expunction process take?

From petition to final order typically takes 90 to 180 days. The court must schedule a hearing at least 30 days after the petition is filed, and after the order is signed, every agency holding records (DPS, FBI, courts, jail) has 180 days to destroy them.

Does an expunction remove all traces of the arrest?

Yes — when properly executed. The expunction order directs every law enforcement agency, court, prosecutor's office, and private background-check vendor on record to destroy their files. After expunction, you can legally answer "no" when asked about the arrest on most applications.

How much does an expunction cost in Texas?

Court filing fees typically run $250–$400 depending on the county. Attorney fees vary by complexity — straightforward dismissals start around $750–$1,500; cases requiring affidavits from multiple agencies or contested expunctions can run higher.

A criminal arrest or charge in Texas can follow you for life—even if the case was dismissed. Employers, landlords, and schools often run background checks, and a single entry can close doors for years. The good news is that Texas law provides a path to clear your record through expunction (expungement).

At the Napier Law Firm, Attorneys George Napier and Monica Cooper Napier help clients across Harris County, Montgomery County, Fort Bend County, Galveston County, and the greater Houston area erase old records and reclaim their futures. With extensive knowledge of the expungement process and local courts, we provide the guidance and advocacy needed to achieve a clean slate.

Expungement Book

What Is Expungement in Texas?

Expungement—also called expunction—is the legal process of erasing a criminal record. Once an order is granted, the arrest or charge is destroyed from public records, and you may legally deny its existence.

The law governing expungements is found in Chapter 55 of the Texas Code of Criminal Procedure (see: https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm).

Expungement vs. Nondisclosure

• Expungement – Records are destroyed, and you can deny the arrest ever occurred.

• Nondisclosure – Records remain but are sealed from public view (still visible to law enforcement and some agencies).

The Napier Law Firm advises clients on which remedy applies to their situation.

Who Qualifies for Expungement in Texas?

Not all cases are eligible. Generally, you may qualify if:

• You were acquitted of the charges.

• Your case was dismissed without probation (other than Class C misdemeanors).

• You were arrested but never charged, and the statute of limitations has run.

• You were convicted but later pardoned.

• Certain juvenile offenses may also qualify.

Examples of Eligible Situations

• Arrested for DWI, but the prosecutor dismissed the case.

• Charged with assault, but found not guilty at trial.

• Wrongfully arrested due to mistaken identity.

• Received a pardon from the governor or president.

The Expungement Process in Texas

Expungement is technical and requires precision:

1. File a Petition – Filed in the district court where the arrest occurred.

2. Notify Agencies – Law enforcement agencies, courts, and DPS are notified.

3. Court Hearing – A judge reviews the petition; agencies may object.

4. Order Granted – Court orders agencies to destroy or return all records.

The entire process can take several months. A skilled lawyer ensures every step is handled correctly to avoid delays or denials.

Why Expungement Matters

A criminal record can impact nearly every part of life:

• Employment – Employers may reject applicants with pending or dismissed cases.

• Housing – Landlords frequently deny leases based on arrest records.

• Professional Licenses – Nurses, teachers, real estate agents, and others face scrutiny.

• Reputation & Privacy – Background checks may unfairly stigmatize you.

With an expunction, you can legally state the arrest or charge never occurred. It’s one of the most powerful tools available for restoring your reputation.

Common Challenges in Expungement Cases

Expunction is not automatic. Challenges often include:

• Eligibility disputes – Prosecutors may argue your case doesn’t qualify.

• Missing or incorrect documents – Errors in paperwork can result in denial.

• Objections from law enforcement – Agencies may contest the petition.

• Strict deadlines – Filing too early or too late can affect eligibility.

At the Napier Law Firm, we anticipate these obstacles. We prepare strong petitions, respond to objections, and advocate for you in court.

Why Choose The Napier Law Firm?

• Local Knowledge – Familiar with courts and judges in Harris County, Montgomery County, Fort Bend County, and Galveston County.
• Detail-Oriented – We prepare petitions thoroughly to avoid mistakes.
• Client-Focused – Personalized attention throughout the process.
• Comprehensive Criminal Defense – We also handle assault (https://www.thenapierlawfirm.com/assault-defense), DWI (https://www.thenapierlawfirm.com/dwi-defense), and drug cases (https://www.thenapierlawfirm.com/drug-crimes).

The Napier Law Firm has helped countless clients wipe their records clean, opening new opportunities in employment, housing, and education.

Take the First Step Today

If you’re ready for a fresh start, expungement may be the solution.

📞 Call The Napier Law Firm today for a free consultation. We’ll evaluate your eligibility, explain the process, and begin fighting for your clean record.

Don’t let the past hold you back. Protect your future with a skilled Texan expungement lawyer.

Free Consultation

Free consultation – 24 hours a day.
7 days a week.

Schedule Consultation