Texas Expunction Attorneys

Texas Expunction Attorneys Across the DFW Metroplex

Expunction is the most powerful record-clearing remedy in Texas law. When an expunction order is granted, the criminal record is destroyed — all references to the arrest are removed from law enforcement databases, court records, and most government systems. After expunction, you can legally deny the arrest under most circumstances, including under oath, with limited exceptions for subsequent criminal proceedings and certain government security applications. Expunction is governed by Texas Code of Criminal Procedure Chapter 55, and the procedures are technical — but for clients who qualify, the impact on employment, housing, and immigration consequences is transformative.

Who qualifies for expunction in Texas

Under Chapter 55, eligibility depends on case outcome and case type. Qualifying outcomes: (1) arrested but case not filed within the limitations period, (2) case dismissed without conditions (not deferred adjudication), (3) acquitted at trial, (4) conviction reversed by appellate court, (5) pardoned by the Governor or President, (6) "no-billed" by the grand jury. Special eligibility categories: Class C misdemeanors completed via deferred disposition with court costs paid; juvenile records under specific circumstances; identity theft victim cases. Note the critical exclusion: deferred adjudication for Class A, Class B, or felony cases does NOT qualify for expunction. Those cases may qualify for non-disclosure (record sealing) but not expunction.

What expunction actually does to the record

When the expunction order is signed and executed, all of the following occur: the arresting agency destroys all paper and electronic records of the arrest; the District Attorney's Office destroys its file; the court destroys the court file; DPS removes the case from the criminal history records database; the FBI is notified to remove the record from NCIC; any private background check companies that received the record are notified to remove it. Texas Code of Criminal Procedure Section 55.03 establishes that after expunction, the petitioner may deny the arrest occurred, except when answering questions under oath in a subsequent criminal proceeding. Job applications, housing applications, and most license applications can be answered as if the arrest never happened.

Non-disclosure vs. expunction — choosing the right remedy

Many clients want expunction but qualify only for non-disclosure (an order of nondisclosure of criminal history record information) under Texas Government Code Chapter 411, Subchapter E-1. Non-disclosure SEALS the record from public view but does NOT destroy it. Sealed records remain accessible to: law enforcement; the courts; specified state and federal agencies; certain licensed professions (medical, legal, education, financial services). For most employment background checks, non-disclosure functions similarly to expunction. But for security clearances, federal employment, professional licensing, and immigration proceedings, the sealed record still appears. When both remedies are available, expunction is always preferable. When only non-disclosure is available, it's usually still worth pursuing.

Waiting periods under Chapter 55

Eligible cases require waiting periods before the expunction petition can be filed: Class C misdemeanors not filed — 180 days from arrest. Class A and B misdemeanors not filed — 1 year from arrest. Felonies not filed — 3 years from arrest. Cases dismissed before limitations period expired — eligible immediately if waiting period for non-filing cases hasn't expired, or after the limitations period. Acquittals — immediately after the verdict. Cases dismissed with no charges to be re-filed — typically immediately, though some prosecutors require a waiver of statute of limitations as a condition of dismissal. The waiting periods can be waived in cases of dismissal without re-filing intent if the District Attorney signs an agreed order.

The expunction process in Collin County and DFW

Our process: (1) full case review to confirm eligibility — we check the offense level, the disposition, the waiting period, and whether deferred adjudication is involved; (2) records gathering — we request the complete court file, the arresting agency report, any prosecution files we can obtain, and confirm what agencies hold the record; (3) petition preparation — the Petition for Expunction must list every agency that may have a copy of the record, name every offense and arrest event, and meet Chapter 55's technical requirements; (4) filing in the proper court — district court for felonies, county court for misdemeanors, in the county where the arrest occurred; (5) service on all listed agencies; (6) hearing or agreed order — some cases require an in-person hearing, others can be granted on agreed order if the District Attorney consents; (7) order execution — once signed, we provide copies to each agency and follow up to confirm record destruction. Typical timeline: 3 to 6 months from initial consultation to final record destruction.

Why hire counsel for expunction work

The petition is technical. Missing an agency in the petition means that agency keeps the record. Naming the offense incorrectly means the order may not cover the full arrest event. Filing in the wrong court can delay the case for months. Failing to obtain DA consent when consent is available means an unnecessary contested hearing. We've handled expunctions in all nine DFW counties and the federal courts. We know which agencies the District Attorney's Office requires in the petition (Collin County requires several agencies that other counties don't). We know which judges grant agreed orders without hearing and which require live testimony. And we handle the follow-up to confirm each agency actually executed the destruction. We charge a flat fee for expunction work — no hourly billing surprises.

Service Areas — Nine DFW Counties

We handle expunction cases across all nine DFW Metroplex counties. Click your county for county-specific procedural information, courthouse details, and case-handling notes.

Frequently Asked Questions