October 17, 2022
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
What Crimes Are Eligible for An Expunction in Texas?
A misdemeanor or felony crime you are charged with in Texas may qualify for expunction depending on the disposition and statutory route—not simply the name of the offense. A dismissal or no-bill is not an automatic expunction.
Expungement in Texas
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. Eligibility can matter for employment and other opportunities, but the order does not guarantee a particular background-check or hiring result.
In most states, certain crimes cannot be expunged. But in Texas, there are numerous offenses that you may be able to have erased from your record. We will review the different criminal charge scenarios eligible for expunction in Texas.
Current eligibility and procedures are in Chapter 55A of the Texas Code of Criminal Procedure, including Articles 55A.002–.006, 55A.051–.054 and 55A.101. Former Articles 55.01 and 55.02 were recodified effective January 1, 2025.
Can Misdemeanors Be Expunged in Texas?
Class A, B and C misdemeanor arrests can qualify after a trial acquittal under Article 55A.002, subject to Article 55A.151. Dismissed or unfiled cases must satisfy their own route requirements.
Today we will explain what scenario can qualify you for expungement for your misdemeanor offense.
Class C (Fine-Only) Misdemeanors in Texas
Class C misdemeanors under Penal Code Section 12.23 are fine-only offenses with a fine of up to $500. Examples include qualifying theft under $100, certain forms of disorderly conduct and public intoxication; grading exceptions and enhancements matter.
For the Class C no-indictment-or-information waiting-period route, review these conditions together rather than treating dismissal alone as enough:
- The person has been released, and the target charge has not resulted in a final conviction. Successful completion of Class C deferred disposition, followed by dismissal, may allow expunction if the remaining Chapter 55A requirements are met and the court enters an expunction order. Receiving a deferral alone does not clear the record.
- The target charge is no longer pending; the Class C supervision exception does not create a general exception for final convictions.
- No indictment or information for the target misdemeanor or any felony arising from the same transaction has been presented. A same-transaction felony charge changes the timing analysis.
- The 180-day period applies to a Class C arrest without a same-transaction felony charge. Prosecutor certification is an alternative under Article 55A.052(a)(4); other eligibility routes have different conditions.
- 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.
Class A and Class B Misdemeanors With No Conviction or Acquittal in Texas
Class A misdemeanors can carry a fine up to $4,000 and up to one year in county jail. Examples include qualifying burglary of a vehicle, theft of $750 or more but less than $2,500, a second DWI and a DWI with a BAC of 0.15 or more, subject to applicable enhancements.
Class B misdemeanors can carry a fine up to $2,000 and up to 180 days in jail. Examples include a typical first DWI, qualifying indecent exposure, obstruction of a highway or other passageway, and possession of two ounces or less of marijuana; the precise offense and enhancement facts matter.
No conviction is not the same as a not-guilty verdict. A case can remain pending, be dismissed, or never be formally charged without any trial acquittal. For misdemeanor relief under Articles 55A.051–.053, the target misdemeanor is evaluated individually; another misdemeanor from the arrest is not automatically a bar. Any felony arising from the same transaction requires separate analysis. A charge reduction or plea agreement does not itself establish expunction eligibility.
For Class A or B misdemeanor relief under the no-presentment route, the requirements include:
- Release from arrest, no final conviction on the target misdemeanor, and no court-ordered Chapter 42A community supervision for that offense.
- The target charge is no longer pending.
- No indictment or information for the target misdemeanor or any same-transaction felony has been presented; a same-transaction felony charge changes the waiting period.
- One year from arrest for a Class A or B misdemeanor without a same-transaction felony charge, unless the prosecutor-certification alternative applies. This is not a waiting period for every dismissed case.
- A proper petition, notice and court order; see Articles 55A.251–.255.
- Prosecutor certification that the records are not needed for a criminal investigation or prosecution is an alternative to the Article 55A.052 waiting periods, not an additional requirement in every case. Qualifying dismissal grounds and limitations expiration are separate routes.
- A separate conviction-based route covers qualifying Unlawful Carrying of Weapons convictions for conduct before September 1, 2021, under former Penal Code Section 46.02(a); see Article 55A.005. This is not a general requirement for misdemeanor expunction. Related reading: Article 46.02(a).
Can You Have a Felony Expunged in Texas?
A trial-court acquittal generally creates an entitlement under Article 55A.002, subject to Article 55A.151. An appellate acquittal falls under the discretionary route in Article 55A.101, including its finality conditions. A reversal or new-trial order alone is not an acquittal.
Felonies with No Conviction or Acquittal in Texas
A felony case can end without a conviction and without an acquittal. Expunction then requires the applicable non-conviction route, not merely the absence of a guilty verdict.
For the felony no-presentment waiting-period route, review these requirements together:
- The person has been released, with no final conviction and no Chapter 42A court-ordered community supervision for the target offense.
- The target charge is no longer pending.
- The indictment-or-information requirements must be satisfied, including the treatment of any felony arising from the same transaction. Do not apply the misdemeanor-specific partial-expunction rule as a blanket felony rule.
- The Article 55A.052 felony period is three years from arrest, or the prosecutor-certification alternative applies. Qualifying dismissals under Article 55A.053 and limitations under Article 55A.054 are distinct routes.
- The general felony petition goes to a district court in the county of arrest or alleged offense, with statutory notice and an expunction order.
In summary, this post showed you how you could qualify for expungement whether you have a misdemeanor or felony charge.
Below you’ll find answers to the common questions about expunctions in Texas.
Texas Criminal Record Expungement FAQs
Do I Need a Lawyer to Expunge My Record in Texas?
The Napier Law Firm can review the disposition, charging history and applicable route to determine whether covered arrest records are eligible for expunction. An ordinary conviction is not cleared just by filing a petition.
Can I Do My Own Expungement in Texas?
Yes, you can file on your own. However, hiring professional help can increase the probability that your expungement filing will be accepted (and your record cleared!).
How Long Does Expungement Take in Texas?
Under the general petition procedure, the hearing may not be set earlier than the 30th day after filing. The court’s schedule, finality of the order and agency processing affect the overall time; there is no universal 180-day completion deadline.
How Can I Check the Status of My Expungement?
Check with your attorney or the court handling the expunction proceeding, which may differ from the original criminal court. After a final order, follow up on the covered records rather than assuming every database updated at once.
Would You Like Help With the Texas Expunction Process?
Expunge your criminal record from the state of Texas by working with an experienced expungement lawyer in Texas. From misdemeanors to felonies, our team can help you determine if your case should be expunged and how much your criminal record can be safely erased.
Call 713-470-4097 and get in touch with The Napier Law Firm today!
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.