January 17, 2024
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm — former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
Texas felony penalties vary by offense and grade. State-jail felonies generally have a 180-day minimum confinement term; capital punishment applies only in qualifying capital cases, not simply whenever a crime is considered severe.
Can a felony carry a fine? Many felony grades carry a possible fine up to $10,000, but some offense statutes set different fines. An arrest and a conviction also have different consequences.
How to Expunge a Felony in Texas?
Check the arrest and disposition against Chapter 55A, then use the filing procedure that applies to the qualifying route. A felony record does not become eligible merely because a sentence is complete.
An eligible expunction can address covered arrest records, but it does not automatically restore every civil right or privilege.
Read on to learn about felony expunction in Texas, the eligibility criteria, and the process of felony expunction.
Who Is Eligible for Felony Expunction 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 and procedures are now governed by Code of Criminal Procedure Chapter 55A. Eligibility requires a qualifying statutory route, such as a trial acquittal, a qualifying pardon or actual-innocence relief, or a no-conviction route whose disposition, supervision and timing requirements are met. Dismissal alone is not enough.
Expunction is a statutory remedy available only when its requirements are met, not an unconditional right of every citizen. Possible routes include:
- A qualifying trial-court acquittal, subject to Article 55A.151, or a non-conviction case satisfying Articles 55A.051–.054.
- A qualifying pardon or other relief expressly based on actual innocence under Article 55A.003.
- The separate Unlawful Carrying of Weapons route in Article 55A.005, limited to a conviction for conduct before September 1, 2021, under former Penal Code Section 46.02(a). This is not a general exception for all weapons felonies.
- An appellate acquittal by the Court of Criminal Appeals may support discretionary relief under Article 55A.101, subject to Article 55A.151.
- An acquittal by a court of appeals may support that discretionary route after the period for granting discretionary review has expired. Mere reversal or expiration of a review period is not enough.
- Before trial, a recommendation from the office authorized to prosecute the offense may support discretionary relief under Article 55A.101(a)(2). A recommendation from any government agency is not sufficient.
- Expiration of the applicable limitations period, together with Article 55A.051’s release, disposition and supervision conditions, under Article 55A.054. A no-bill or dismissal alone does not establish eligibility.
- A qualifying pardon for the Texas offense under Article 55A.004. Do not confuse a presidential pardon of a federal offense with a pardon of a Texas conviction.
What should I know about the process of felony expunction?
Consulting a reputable attorney can be beneficial when filing for a felony expungement. Firstly, they can help you understand the eligibility requirements and assess whether your case meets the criteria.
They can also guide you through the complex legal process and ensure that all necessary paperwork is filed correctly and on time.
Meanwhile, here’s a chronology of the expunction process.
- Filing a Petition of Expunction
The general felony petition is filed in a district court in the county of arrest or alleged offense under Article 55A.251. Municipal and justice-court options in Article 55A.252 concern fine-only arrests, not a general felony petition. Related reading: Petition of Expunction. The verified petition must provide the information required by Article 55A.253. Under the general petition procedure, the hearing cannot be set earlier than the 30th day after filing, and the court must find the requirements satisfied before ordering expunction.
A verified petition must contain the Article 55A.253 information or explain an omission, including:
- The petitioner’s personal identity information
- Details about the offense or arrest
- Date and time of the occurrence of the arrest
- Agencies involved in the arrest
- The required list of record-holding agencies and other entities, with applicable physical and email addresses
- The case number, court of offense and other required Article 55A.253 information; prepare the proposed order and hearing documents required by the court
Include the charge, arrest and case information and the relevant disposition records. The statutory filing county and route control; the original criminal court is not automatically the proper expunction court.
- The Court Receives the Petition
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.
- The Court Grants or Rejects the Expunction
For an entitlement route, the court must order relief when the statutory requirements are established. Article 55A.101 routes are discretionary. Prepare a proposed order that accurately identifies the covered records.
- What Happens After the Expunction Order?
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. Related reading: criminal offense.
How Long Does It Take to Expunge a Felony in Texas?
Eligibility periods are different from court-processing time. Three years is the waiting period for a particular felony no-presentment route, not a universal duration or deadline for every expunction case. Qualifying dismissal grounds, limitations and other routes require separate analysis.
Under the general petition procedure, the hearing cannot occur before the 30th day after filing. Finality and agency processing add time; Chapter 55A does not guarantee that all records will be cleared within 180 days.
What if the Expunction Petition Would Not Be Honored?
Nondisclosure is a separate remedy under Government Code Chapter 411. Some qualifying deferred-adjudication cases and certain misdemeanor convictions may qualify, but offense exclusions, criminal history, completion requirements and waiting periods apply. Denial of expunction does not establish eligibility for nondisclosure.
A qualifying nondisclosure order limits public disclosure of the covered criminal history. Disclosure and denial rules depend on Government Code Sections 411.0755–.077 and the particular use; authorized agencies and entities may still access the information.
However, there are some limitations to this order, such as:
- The order only applies to a single offense and will not seal an entire record.
That said, a person with multiple offenses will have to ask for non-disclosure for each.
- The record may be visible to professional licensing bodies.
Authorized professional licensing bodies under the Texas Department of Licensing and Regulation may be able to access that person’s sealed record.
Government Code Section 411.074 contains specific exclusions, including specified serious offenses and family violence. It does not exclude every offense appearing anywhere in Penal Code Chapters 19 through 42. Related reading: Texas Penal Code Sections 19 to 42.
Implications of Having a Felony Record on One’s Rights
Depending on the level of felony committed, a citizen may be denied rights and other privileges.
Apart from jail time, paying fines, and other costs, a felony record may be problematic, especially when exploring opportunities like job seeking.
A felony arrest or conviction can create practical barriers, but the consequences depend on the disposition and the rule governing the particular benefit, license or right.
With that, here are some consequences of having a criminal record tarnished with felony offenses:
- Suspension of a Professional or Business License and Denial to Acquire One
A felony conviction can affect professional licensing, but it does not automatically close every profession. Occupations Code Chapter 53 and profession-specific laws govern the relevant restrictions and review.
- Denial of Government Programs and Other Benefits
Check the eligibility rules for the particular housing or assistance program. Expunction is not a determination that a person qualifies for every government benefit.
- Termination and Lack of Employment Opportunities
Running background checks on prospective recruits is a standard procedure for many businesses or sectors. Contrary to popular belief that a felony case falls off on record after seven years or more, it’s not the case unless after a successful felony expunction.
While an existing criminal record limits a person’s chances for employment, some companies may hire you, given that it’s been 5-7 years since your release.
- Loan Ineligibility
Expunction is not a loan-approval process. Check the specific lender or student-aid program requirements rather than assuming any felony record bars every kind of loan.
- Revocation or Ineligibility for Both a Driver’s and Commercial Driver’s License
Commercial-driving disqualification has its own rules, including Transportation Code Section 522.081. It should not be treated as an automatic permanent loss of every type of driver’s license for every felony; reinstatement eligibility needs separate review.
- Losing the Right to Vote or Hold Public Office
Texas voting eligibility can return after full discharge of a felony sentence, including the required supervision, under Election Code Section 11.002. Public-office eligibility follows separate rules, including Section 141.001. Expunction should not be presented as the only way voting eligibility can return.
Aside from the list, there are other less common consequences like travel restrictions, child custody limitations, and losing the right to possess or purchase firearms.
Conclusion
The time required for felony expunction depends on the eligibility route, court proceedings, finality and agency compliance—not a universal three-year process.
Qualifying acquittals, pardons and certain non-conviction dispositions can support relief under Chapter 55A. Each route must be proved; the misdemeanor-specific mixed-charge rule should not be treated as a blanket rule for felony records.
If expunction is unavailable, ask whether the separate nondisclosure requirements can be met. A Conroe Expunctions Lawyer can review the disposition and available options.
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.