Texas Expunction — How to Clear Your Criminal Record
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Act Two: Texas Code of Criminal Procedure ch. 55 creates a legal mechanism — expunction — that destroys the record completely. Court files, DPS records, FBI databases, third-party background-check companies all required to delete.
Act Three: A successfully expunged record is legally as though the arrest never happened. You can deny it on most applications. The footprint disappears.
This post walks through all three acts: who qualifies, how the process works, and what the result looks like.
Act One: Why expunction matters
Without expunction, even dismissed Texas criminal cases leave permanent records:
- Texas Department of Public Safety retains arrest records indefinitely
- FBI/NCIC database retains federal-level records
- County court records remain searchable
- Third-party background-check companies aggregate and resell data
- Newspaper archives and online news contain coverage
- Employer background checks reveal the case for years
The arrest record exists even when the underlying case never resulted in conviction. Dismissals, acquittals, and program completions all leave the arrest visible.
Practical impacts:
- Employment denials based on background checks
- Housing application rejections
- Professional licensing complications
- Educational program denials
- Immigration application issues
- Insurance rate impacts
- Personal embarrassment when records surface
Act Two: How expunction works
Texas Code of Criminal Procedure art. 55.01 defines eligibility. The defendant must qualify under at least one provision:
- Acquittal by jury or judge
- Pardon by governor
- Indictment dismissed or quashed
- Case dismissed before charges filed (after statute of limitations)
- Pretrial diversion completed under art. 42A.111
- Conviction overturned on appeal
- Class C misdemeanor deferred adjudication completed
The process:
- Petition filed in district court of arrest county (or county where indictment occurred)
- Notice to state, DPS, arresting agency, county jail, FBI
- Court hearing (typically 30-90 days after filing)
- Order of expunction issued by judge
- Implementation — agencies notified and required to delete records (typically 30-180 days)
Filing fee: $250-$500. Defense attorney fees: $1,500-$3,500 typical.
Act Three: What expunction accomplishes
After successful expunction:
- Court records destroyed — physical and electronic
- DPS records deleted — criminal history cleared at state level
- FBI records updated — federal-level deletion (timing varies)
- Third-party databases — required to delete per court order
- Defendant can legally deny arrest occurred — on most applications
- Records cannot be released — with limited exceptions
Limited exceptions:
- Defendant's own application or testimony in subsequent legal proceeding
- Bar admission, judicial confirmation, certain professional licensing
- Federal background checks for security clearance
- Subsequent criminal proceedings (limited use)
For most employment, housing, civil, and personal purposes, expunction provides effective clean slate.
What expunction cannot do
Limitations of Texas expunction:
- Doesn't reach convictions. Final convictions cannot be expunged (with rare exceptions like Class C deferred adjudication and similar narrow categories). Nondisclosure may apply for some convictions.
- Doesn't reach out-of-state records. Texas expunction only reaches Texas records. Other states require separate procedures.
- Doesn't reach private mentions in news, social media. Court order requires public agencies to delete; doesn't reach private dissemination already occurred.
- Federal court records. Federal expunction follows different procedures.
- Some specific federal contexts may still see the record (security clearance, certain federal licensing).
For most practical purposes, expunction provides the cleanest record clearance available in Texas. The remaining limitations are narrow and don't affect everyday life impacts.
Texas Penalty Group 3 Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 28 g | Class A misdemeanor | Up to 1 year county jail + $4,000 |
| 28-200 g | 3rd degree felony | 2-10 years |
| 200-400 g | 2nd degree felony | 2-20 years |
| 400 g+ | 1st degree enhanced | 5-99 years/life + $100K |
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How long does expunction take?
3-6 months from filing to completion. Court hearing typically scheduled 30-90 days after petition. Order implementation by agencies takes additional 60-180 days. Total timeline 3-12 months depending on case complexity.
Can I do my own expunction?
Possible but not recommended. Texas expunction procedures are technical. Wrong filings can result in denial that may bar future attempts. Defense attorney fees ($1,500-$3,500) are typically worth the investment for proper preparation.
Will employers find out about expunged records?
Generally no. Standard employer background checks don't show expunged records. Specific regulated industries (banking, healthcare, education, government) may retain access. Federal background checks may show records.
What about old newspaper articles?
Court order doesn't reach private publications. News articles, social media posts, and similar private dissemination remain. Some Texas attorneys offer ancillary online reputation cleanup services.
Is there an "automatic" expunction?
Texas has expanded automatic expunction in specific categories (some marijuana cases, some Class C cases). Most cases still require affirmative petition filing. Don't assume automatic; confirm through defense counsel.
