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How to Get Your Criminal Record Expunged in Texas: Eligibility, Process & What It Means for Your Future
What Is Expungement in Texas?
Expungement — technically called “expunction” under Texas law is the legal process of having your arrest and criminal records destroyed. Under Texas Code of Criminal Procedure Chapter 55, a successful expunction order requires all government agencies, courts, and law enforcement entities that hold records related to your arrest to destroy or return those records. After expunction, you are legally entitled to deny that the arrest ever occurred.
This is the gold standard of record relief in Texas but eligibility is limited.
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Who Qualifies for Expungement in Texas?
You may be eligible for expunction in Texas if:
- Your case was dismissed: If the charges against you were dismissed after you completed a diversion program, or if the prosecutor chose not to pursue the case, you may be eligible.
- You were acquitted: A not guilty verdict at trial makes you eligible for expunction of all records related to that case.
- The grand jury issued a no-bill: If a grand jury declined to indict you, expunction is available.
- Your conviction was overturned on appeal: If a conviction was reversed on appeal and no new trial was ordered, expunction may be available.
- You were arrested but never charged: If you were arrested but no information or indictment was filed within the statute of limitations, expunction is available after a waiting period.
Importantly, a conviction that was not reversed does NOT qualify for expunction, regardless of how old it is or how minor the offense was. This is one of the most common misconceptions about Texas expungement law.
What About Deferred Adjudication, Is That Expungeable?
No. Successful completion of deferred adjudication in Texas does NOT make you eligible for expunction, even though no conviction was entered. Deferred adjudication completions are instead eligible for an Order of Nondisclosure under Texas Government Code $411.074, which seals records from public view.
A nondisclosure order prevents most private entities, employers, landlords, and others, from accessing your record. Government agencies may still access sealed records for limited purposes. Some offenses, including family violence charges, are not eligible for nondisclosure.
The Expungement Process in Bexar County
Filing for expunction in Bexar County requires a petition to the district court in the county where you were arrested. The petition must identify all agencies holding records related to the arrest and meet the statutory eligibility requirements.
The court will schedule a hearing, and if the petition is granted, each named agency receives a copy of the order and must comply. The process typically takes several months from filing to completion.
The Hull Firm handles all expunction and nondisclosure filings in Bexar County evaluating eligibility, preparing and filing all required documents, and representing clients through the court process. If you have a prior arrest or dismissed case on your record, call 210-692-4913 to find out if you qualify.
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