Expunctions

An expunction is a court order that removes certain arrest records from a person’s criminal history. When an expunction is granted, government agencies—and some private background-check companies—must remove the eligible arrest records and stop releasing or using them.

No. Arrest records generally do not automatically disappear just because a case was dismissed. In most situations, a person must file a petition for expunction and obtain a court order before arrest records are removed.

Many people qualify for an expunction when their case was dismissed, when they were found not guilty, or when charges were never filed. In practice, expunctions are most commonly available:

• After dismissal following a pretrial intervention program (e.g., the Cameron County Pre-Trial Diversion Program); or

• When a case was dismissed, and the statute of limitations has expired.

Yes. Expunctions are generally unavailable if a case resulted in a final conviction, if the person was placed on court-ordered community supervision (with limited exceptions), or if the arrest arose from a criminal episode tied to another conviction or a pending charge.

Once an expunction order becomes final, the court sends copies to the Texas Department of Public Safety and other agencies. Those agencies must remove the eligible arrest records and delete public references to them. Texas law also restricts the future release or use of expunged records.

In most situations, a person may generally deny that an arrest occurred once an expunction is final. A limited exception applies if the person is questioned under oath in a criminal proceeding, in which case the person must state that the matter was expunged.