Easy Expunction in Texas — Which Charges Qualify

Category 1: Dismissed cases (easiest)

Cases dismissed by the court before conviction generally qualify for expunction. The defendant must wait through the applicable waiting period:

• Class A or B misdemeanor: 1 year waiting period after dismissal
• Class C misdemeanor: 180 days after dismissal
• Felony: 3 years after dismissal

If the dismissal was based on running of statute of limitations, no waiting period applies — immediate eligibility.

Common scenarios:

• Case dismissed after motion to suppress
• Case dismissed for lack of evidence
• Case dismissed at prosecutor's discretion
• Case dismissed due to victim non-cooperation
• Case dismissed due to procedural defect

Category 2: Acquittals

Cases ending in not-guilty verdict at trial qualify for expunction:

• 30-day waiting period after acquittal becomes final (after appeals or appeal time runs)
• Applies to jury and bench trial acquittals
• No waiting period if acquittal was for prior offense and defendant later pardoned

Even though acquittals are rare in actual Texas practice, when they occur, expunction is typically straightforward.

Category 3: Completed pretrial diversion

Successful completion of pretrial diversion program leads to dismissal and expunction eligibility:

• Programs vary by county (Dallas DIVERT, Travis DWI Court, Bexar diversion, Collin First Chance)
• Successful completion = case dismissed
• Standard waiting period applies after dismissal

The pretrial diversion completion path provides one of the cleanest expunction pathways — case never resulted in conviction, no plea entered, complete clean slate possible.

Category 4: Class C deferred adjudication

Class C misdemeanor deferred adjudication is uniquely eligible for expunction (unlike higher-level deferred adjudication):

• 180 days after deferred adjudication completion
• Most Class C municipal violations and minor offenses
• Specific exclusions: Class C DWI of minor, certain traffic offenses

This makes Class C deferred adjudication strategically valuable for first-time defendants — the case can be completely expunged after just 180 days, vs. nondisclosure for higher-tier deferred adjudication (which only seals, doesn't destroy).

What does NOT qualify for easy expunction

Categories that don't qualify or qualify only with substantial complications:

• Final convictions (at any felony level): not expunction-eligible. May qualify for nondisclosure depending on category.
• Class A or B misdemeanor deferred adjudication: cannot be expunged. Nondisclosure available under specific provisions.
• Felony deferred adjudication: cannot be expunged. Limited nondisclosure under Government Code §411.0728.
• DWI convictions: cannot be expunged.
• Specific sex offenses, family violence offenses: limited or no record-clearing options.
• Federal cases: follow different procedures.

For these categories, nondisclosure (sealing) may be the only available option. Nondisclosure provides substantially less protection than expunction but is still valuable for employment and housing impacts.