Texas Expunctions Under Chapter 55A of the Texas Code of Criminal Procedure
Even when a case does not end in a conviction, an arrest can stay with a person long after the case is over. It can appear on background checks and affect job, housing, school, and professional license opportunities. In Texas, an expunction may remove an eligible arrest from a person’s record.
Chapter 55A of the Texas Code of Criminal Procedure governs when and how arrest records can be expunged in Texas. That law sets the eligibility requirements, the filing process, what to expect after a petition is submitted, and the legal effect of an expunction.
What is an expunction under Texas law?
An expunction is a court order that requires government agencies—and certain private background-check companies—to remove eligible arrest records from their files and prohibit those records from being released, maintained, or used. Once an expunction order is final, Texas law generally prohibits the release, maintenance, dissemination, or use of the expunged records.
Who qualifies for an expunction (and who does not)?
Common situations where people may qualify
Texas law breaks expunction eligibility into several categories. Some of the most common include:
Charges were never filed – If a person is arrested but an indictment or information was not presented, that person may qualify for an expunction after certain minimum waiting periods, such as:
180 days for Class C arrests (if no felony charge arose out of the same transaction)
1 year for most Class A/B arrests (if no felony charge arose out of the same transaction)
3 years for most felony arrests
Texas law also allows expunctions when the prosecutor certifies that the arrest records are not needed for an investigation or prosecution.
Charges were dismissed or quashed – If an indictment/information was presented but later dismissed or quashed, an expunction may be available in specific situations, including:
Successful completion of certain specialty programs (e.g., veteran’s court) or pretrial intervention programs
Dismissals tied to a mistake or false information indicating the absence of probable cause
Void indictments or informations.
Texas law also allows expunctions when prosecution is no longer possible because the limitations period has expired.
An acquittal (or “Not Guilty”) – If a person is tried and found not guilty, Texas law may allow the arrest to be expunged. Chapter 55A provides a streamlined procedure to obtain an expunction in these instances. At the acquitted person’s request—and after notice is given to the State—the court may enter an order of expunction as early as the 30th day after the acquittal, so long as the required petition information is submitted.
A pardon after a conviction – Texas law allows expunctions in certain pardon situations, including where the person was convicted and later received a pardon or relief based on actual innocence. This law can also apply when a person was convicted and later pardoned for a reason other than actual innocence.
Mistaken identity / wrong person – If a person was arrested (or the person’s identifying information ended up in an arrest record) because of a clerical error or someone else falsely used the person’s identity, the person may be entitled to expunction of identifying information.
Common situations where people usually do not qualify
A few common reasons people don’t qualify for an expunction include:
A final conviction – In most cases, expunctions are reserved for arrests that did not result in a conviction. As a result, a final conviction will usually render an arrest ineligible for an expunction, unless a specific exception applies, such as a pardon.
Court-ordered community supervision (probation) – Except for Class C misdemeanors, eligibility for an expunction usually requires no court-ordered community supervision under Chapter 42A.
The “criminal episode” limitation – Even if a person was acquitted of a charge, a court may not expunge the arrest if the acquitted charge arose out of a criminal episode and the person was convicted of, or remains subject to prosecution for, another offense occurring during the same criminal episode.
How do I start the expunction process?
Once a person believes he or she qualifies for an expunction, the next step is starting the formal court process. Most expunction cases start when a person seeking an expunction (known as “a petitioner”) files a petition for expunction in a district court in the county where the person was arrested or the offense was alleged to have occurred. If the arrest was for an offense punishable only by a fine, the petitioner may be able to file a petition in a justice court or a municipal court of record.
The petition for expunction must be verified and must include specific identifying details (name, DOB, etc.), arrest information, and—most importantly—a list of the agencies/entities that may have records related to the petitioner’s arrest. If a petitioner misses an agency or lists the wrong information (e.g., the agency’s contact information), the petitioner could end up with an expunction order that doesn’t fully clear the record everywhere it needs to.
What should I expect after filing?
After the petition is filed, the court will schedule a hearing at least 30 days later. The clerk will send a copy of the petition and notice of the hearing to each listed official, agency, or entity, either by certified mail or through approved electronic methods. Any agency or entity that receives notice has the right to appear at the hearing and oppose the expunction. In practice, however, agencies rarely appear if the petitioner qualifies under Chapter 55A.
What happens after the judge signs an expunction order?
If the court finds the petitioner is entitled to expunction, the court must enter an order directing expunction of the petitioner’s eligible arrest records. Once the expunction order becomes final, the clerk sends certified copies of the order to the Texas Department of Public Safety (DPS), the Office of Court Administration, and each governmental entity listed in the petition.
After receiving the order:
Each listed agency must return the expunged records to the court—or, in some cases, obliterate identifying portions of those records—and remove any public index references.
DPS is required to notify certain federal repositories and to provide notice to the private entities listed in the order (as well as certain purchasers of criminal history data), requesting that the expunged information be destroyed.
Texas law makes it a Class B misdemeanor for certain people who know of an expunction order to knowingly release or use expunged records or to fail to return or obliterate the identifying portions ordered expunged.
What is the effect of an expunction?
Once the expunction order is final, the petitioner generally may deny the occurrence of the arrest and the existence of the expunction order. An exception applies when the petitioner is questioned under oath in a criminal proceeding. In those instances, the petitioner needs only state that the matter was expunged.
Common misconceptions about expunctions
Misconception 1: “My case was dismissed, so it automatically disappears.” – This statement is usually false. Many dismissals require a person to act (namely by filing a petition for expunction and completing the process described above) unless the situation falls under a statutory “automatic entry” procedure, such as following an acquittal.
Misconception 2: “Expunction means every trace of an arrest is erased everywhere—including the internet.” – Expunction orders target arrest records held by government agencies and certain private record-keepers. They do not cover news articles, social media posts, or third-party websites that publish arrest information.
Misconception 3: “If I qualify, the process is quick and simple.” – Even if a petitioner qualifies for an expunction, the petitioner still must file the petition correctly, list the proper agencies, and follow the court’s timeline.
Misconception 4: “If I forget to list an agency, it’s no big deal.” – Texas law requires that a petition for expunction include a list of agencies/entities (including certain private entities) the petitioner has reason to believe possess records subject to expunction. Practically speaking, missing an entity can mean the arrest records do not get cleared everywhere they need to be.
Contact an attorney with experience handling expunctions
Expunctions can be powerful tools, but they are also highly technical. Small details—such as timing, eligibility, and which agencies are listed—can determine whether a judge denies or grants expunction. Consulting an experienced attorney can help ensure your petition is filed correctly and that your record is cleared everywhere it needs to be. Do not let dealing with the legal system add more stress to your situation. We handle the details so you can focus on moving forward. You have one chance to do this—make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.