January 23, 2025

Erasing the Past: How a Texas Expunction Can Wipe Your Record Clean

An arrest record can feel like a life sentence, even if you were never convicted of a crime. It can appear on background checks, threatening your ability to get a job, secure a loan, or even volunteer at your child’s school. For those who qualify, Texas law offers the ultimate solution: an expunction.

Often called expungement, an expunction is the complete destruction of an offense from your record. It is the legal equivalent of the arrest never having happened. Unlike an order of nondisclosure, which only seals a record from public view, an expunction requires all agencies—from the police to the courts—to permanently delete or destroy their files related to your case.

This is the gold standard of record clearing, but eligibility is strict and narrowly defined. Here are the primary circumstances under which you can have a record expunged in Texas.

The Most Common Path: Your Case Was Dismissed or Rejected

This is the most frequent route to an expunction. You may be eligible if you were arrested for a misdemeanor or felony, but the case was ultimately dismissed and is no longer pending. This includes situations where:

• A prosecutor formally rejected the charges.

• A grand jury "no-billed" you, declining to issue an indictment.

• The case was dismissed by a judge in court.

The Critical Exception: You are not eligible under this path if you received any form of court-ordered community supervision or probation (often called "deferred adjudication") for the offense, unless it was for a fine-only Class C misdemeanor. If you received deferred adjudication for a Class A, Class B, or felony offense, you may be eligible for an Order of Nondisclosure, but not an expunction.

Victory in Court: Acquittals and Pardons

If you fought the charge and won, the law is on your side. You are entitled to a mandatory expunction if:

• You were acquitted of the charge by a jury or judge at trial.

• You were convicted, but later acquitted by a higher court on appeal.

• You were convicted, but later pardoned by the Governor or granted relief through a writ of habeas corpus on the grounds of actual innocence.

Eligibility Through Special Circumstances

Several other specific situations can qualify you for an expunction:

• Pretrial Intervention Programs: You successfully completed a formal pretrial intervention or diversion program supervised by a prosecutor's office.

• Specialty Courts: You successfully completed a program like a Veterans Treatment Court or Mental Health Court.

• Stolen Identity: Someone was arrested using your name or identifying information.

• Certain Specific Offenses: The law allows for expunctions for specific offenses, such as the conviction for Unlawful Carrying of a Handgun committed before the "Constitutional Carry" law took effect on September 1, 2021, or certain minor-in-possession of alcohol offenses.

The Process: What "Erased" Really Means

Once our firm files a petition and a judge grants the expunction, the court issues an order to every government agency that has a record of your arrest. These agencies must either physically send the records back to the court clerk for destruction or destroy them themselves.

After the expunction is granted, you can legally deny the arrest and the expunction ever occurred. The only exception is if you are testifying as a witness in a separate criminal case, in which case you may only state that the matter was expunged.

From filing the petition to final destruction of records, the process typically takes several months. It is important to note that private background check companies can sometimes be slow to update their databases, which may require additional steps to clear.

Is an Expunction Right for You? Don't Guess.

An arrest record you don't deserve can be a heavy burden. The laws governing expunctions are complex, and determining your eligibility requires a careful analysis of your case history and strict statutory deadlines. Making a mistake in the process can lead to a denial, forcing you to live with the record even longer.

The path to a clean slate starts with knowing your rights. Contact Larman Law today for a full case analysis. Let us help you erase the past and reclaim your future.

Want To Learn More? Click below to read other posts by Larman Law in Heath, Texas: