November 6, 2026
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney who served as a chief prosecutor and as a felony prosecutor.
If you were arrested for more than one charge in Texas, you may assume your record can only be cleared if every charge from that arrest qualifies for expunction. That is not always true. Texas courts have recognized that, in important situations, expunction analysis can be offense-based, which means one charge may be evaluated separately from another even when both arose from the same arrest. Today, Texas expunctions are governed by Chapter 55A of the Texas Code of Criminal Procedure, which took effect January 1, 2025. (Texas Constitution and Statutes)
That distinction matters. An arrest record can continue affecting your future long after a case ends. The question is not always, “Was I arrested?” Sometimes the better question is, “Which offense from that arrest is legally eligible to be removed?” That is where modern Texas expunction law becomes far more nuanced—and far more helpful—than many people realize. (Texas Courts)
Texas Expunction Law Is Not Always All-or-Nothing
In simple terms, an arrest-based approach treats the entire arrest as a single unit. If one charge from that arrest is not eligible, the whole arrest record may remain. An offense-based approach looks at the specific charge or offense you want removed. In the right case, that means one part of the record may be cleared even if another part cannot. Texas courts have rejected the idea that expunction law is purely one or the other in every situation. (Texas Courts)
That is one reason Texas expunction cases can be deceptively complex. Two people may both have “dismissed charges,” but their results can be completely different depending on whether the case involved an acquittal, a misdemeanor, a felony, a plea bargain, or what Texas law calls a “criminal episode.” (Texas Courts)
The Texas Supreme Court Cases Everyone Should Know
The modern conversation about expunctions in Texas is shaped by three Texas Supreme Court decisions: State v. T.S.N., Ex parte R.P.G.P., and Ex parte K.T.. Together, those cases explain when Texas law treats expunction as offense-based and when it does not. (Texas Courts)
1. State v. T.S.N.: Acquittals Can Be Evaluated Offense by Offense
In State v. T.S.N., the Texas Supreme Court rejected the argument that the old expunction statute was entirely arrest-based. The Court said Article 55.01 was “neither entirely arrest-based nor offense-based” and held that, in the acquittal context, one arrest involving unrelated charges could still support expunction of the acquitted charge. The Court also recognized that partial expunction can be carried out through redaction, which is critical in real-world multi-charge cases. (Texas Courts)
For someone acquitted of one charge while another unrelated charge from the same arrest ended differently, T.S.N. is a powerful case. It stands for the idea that Texas courts do not always have to treat every charge from one arrest as an indivisible block. In the right acquittal case, the law can focus on the offense that should no longer follow you. (Texas Courts)
2. Ex parte R.P.G.P.: Misdemeanor Dismissals May Also Be Offense-Based
In Ex parte R.P.G.P., the Texas Supreme Court extended that offense-based reasoning into the dismissal-based expunction context. The Court held that the former statute’s dismissal provisions were offense-based for misdemeanors but arrest-based with respect to felonies. That is one of the most important distinctions in Texas expunction law.
Why does that matter? Because a dismissed misdemeanor may still be eligible for expunction even if another charge from the same arrest is not. But the rule is not the same for every felony situation. If your arrest involved felony charges arising from the same transaction, the analysis can become much more restrictive. That is why generic internet advice about “getting your record cleared” often misses the actual legal issue.
3. Ex parte K.T.: An Acquittal Cannot Be Used Against You as a “Commission” of an Offense
In Ex parte K.T., the Texas Supreme Court addressed the criminal-episode exception. The Court held that an acquittal cannot qualify as the “commission” of an offense for purposes of forming a criminal episode that would block expunction. In practical terms, the State cannot use the very charge you beat to construct the legal barrier that keeps the record alive.
That decision matters most in acquittal cases where the government argues that other charges or prior cases should keep an arrest record from being cleared. K.T. reinforces that an acquittal still matters and cannot simply be repackaged as proof of wrongdoing to defeat an expunction petition.
What Chapter 55A Means for Texas Expunctions Today
Texas recodified its expunction statute into Chapter 55A effective January 1, 2025. The current chapter includes acquittal-based expunction provisions such as Article 55A.002 and dismissal or no-indictment pathways including Articles 55A.052 and 55A.053. So while many older cases still refer to former Article 55.01, current Texas expunction petitions are filed under Chapter 55A. (Texas Constitution and Statutes)
For that reason, the key Supreme Court cases remain important guideposts. They explain the offense-based logic that lawyers use when analyzing whether part of an arrest record can be removed, especially where one charge ended favorably and another did not. The structure of the law may be reorganized, but the reasoning in T.S.N., R.P.G.P., and K.T. still helps frame the real eligibility questions that come up in Texas expunction practice. (Texas Courts)
When an Offense-Based Expunction Argument May Help
An offense-based argument may matter if you were:
Acquitted of one charge, but another unrelated charge from the same arrest remained on your record. Under T.S.N., that acquitted charge may deserve separate treatment. (Texas Courts)
Charged with multiple misdemeanors, where one was dismissed but another disposition complicates the record. Under R.P.G.P., misdemeanor expunction analysis may focus on the specific offense rather than the entire arrest as a single block.
Facing a criminal-episode argument after an acquittal. Under K.T., the State cannot use the acquitted charge itself as the “commission” needed to build that criminal-episode barrier.
In other words, Texas expunction law sometimes gives people a path to clear the charge that should no longer define them—even if the same arrest also involved something else. That can make a major difference for people trying to move forward after a dismissal or acquittal. (Texas Courts)
When Texas Expunction Is Still Harder Than It Looks
Not every expunction in Texas is offense-based. R.P.G.P. expressly said the statute is offense-based for misdemeanors but arrest-based with respect to felonies in that dismissal context. And T.S.N. made clear that criminal-episode issues can still change the outcome.
That means eligibility often turns on details that people understandably miss on their own: whether the charge ended in acquittal or dismissal, whether community supervision was involved, whether the charges were part of the same transaction, whether the case involved a felony, and whether the State can legitimately invoke a criminal-episode exception. Texas expunction is a statutory remedy, so the facts and the exact pathway matter. (Texas Courts)
Why This Matters to Your Future
For many people, the real problem is not just the old case itself. It is the way a criminal record can continue to shadow job opportunities, housing, education, licensing, and reputation. The Napier Law Firm’s current expungement materials emphasize that clearing an eligible record can help protect future opportunities and provide a genuine fresh start. (Napier Law Firm)
That is exactly why offense-based expunction matters. It gives Texas courts a legal framework for separating the charge that ended in a way the law recognizes as expungeable from another charge that may not qualify. For the right person, that is the difference between a permanent shadow and a clean slate. (Texas Courts)
Find Out Whether Your Texas Record Can Be Cleared
If you are wondering whether one charge from a Texas arrest can still be expunged even though another cannot, do not rely on assumptions. The answer may depend on the difference between an acquittal and a dismissal, whether your case involved a misdemeanor or felony, and whether the State can raise a criminal-episode issue under Chapter 55A. (Texas Constitution and Statutes)
The Napier Law Firm already offers expungement guidance through its Texas Expungement Lawyer page, its Houston Expungements page, and its About The Napier Law Firm page. The firm’s website also promotes free consultations and lists (713) 470-4097 as its contact number. If you want a real answer about your eligibility for a Texas expunction, contact The Napier Law Firm and have your record reviewed by counsel who can apply the law to your specific facts. (Napier Law Firm)
Frequently Asked Questions About Texas Expunctions
Can I expunge a dismissed misdemeanor in Texas if another charge from the same arrest is not eligible?
Sometimes, yes. Ex parte R.P.G.P. held that the dismissal provisions were offense-based for misdemeanors, which means the court may evaluate the specific misdemeanor offense rather than treating every charge from the arrest as a single all-or-nothing unit.
Does that same rule apply to felonies?
Not necessarily. R.P.G.P. also said the statute is arrest-based with respect to felonies in that context, which is why felony-related expunction questions often need a more careful, case-specific analysis.
If I was acquitted, can the State still argue a criminal episode to stop expunction?
It may try, but Ex parte K.T. held that an acquittal cannot qualify as the “commission” of an offense for purposes of forming the criminal episode used to block expunction.