Texas Expungement — What It Does, Who Qualifies, and Why It Matters

Expungement under Texas Code of Criminal Procedure Chapter 55 is a court order that requires all government agencies to delete or return all records related to a criminal arrest. After an expungement is granted, the arrest disappears from DPS criminal history databases, court records are sealed or destroyed, and law enforcement agencies must respond to background check inquiries with “no record found.” For the purposes of most background checks — employment, housing, professional licensing, and most federal applications — the arrest legally never happened. You can truthfully answer “no” to questions about criminal arrests on most applications after an expungement is granted.

Expungement eligibility in Texas requires either an acquittal, a dismissal, a no-bill from a grand jury, a pardon, or — for certain Class C charges — completion of a deferred adjudication. Not every dismissed case is immediately eligible. Some require waiting periods that depend on the charge level: certain Class B and A misdemeanors require waiting 180 days or one year, respectively, after the date of arrest. Felony charges may require a two-year waiting period. We evaluate eligibility on every case we close and file the petition as soon as the waiting period expires.

The relief available when a case was not dismissed — when you completed deferred adjudication probation — is an order of non-disclosure under Government Code §411.071, not expungement. Non-disclosure seals the record from public view but does not destroy it — government agencies can still access it, and certain licensing boards can inquire about it. The distinction between expungement and non-disclosure is significant and often misunderstood. Call 737-937-5786 for a free eligibility evaluation.

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Expungement Eligibility — What Qualifies and What Does Not

Texas expungement law under Chapter 55 is specific about what qualifies. Not every arrest or dismissal is immediately eligible. Here is the breakdown.

Situation	Relief Available	Waiting Period	Note
Acquittal at TrialCh. 55 — any charge level	Expungement	Immediate	Full destruction of records
Dismissed / No-BilledCh. 55 — felony or misdemeanor	Expungement	Varies by charge level	Waiting period applies to most
Class C Misd. — Deferred CompleteCh. 55 — Class C only	Expungement	After discharge	Only Class C deferred qualifies for expungement
Class A / B Deferred Complete§411.072 — non-disclosure only	Non-Disclosure	Immediate (some) or 2 yrs	Seals record — does NOT destroy
DWI — Any OutcomeNo expungement or non-disclosure for DWI	Not Eligible	N/A	DWI convictions are permanent in Texas
Family Violence — Deferred CompleteNo non-disclosure for FV deferred	Not Eligible	N/A	FV deferred cannot be sealed
Straight ConvictionAny charge level — guilt found or plea	Not Eligible	N/A	Convictions cannot be expunged in Texas

Expungement lawyer San Marcos — Texas Chapter 55 record clearing and non-disclosure in Hays County courts

Expungement vs. Non-Disclosure — Two Different Outcomes

Expungement under Chapter 55 results in the physical destruction or return of all records related to the arrest. Government agencies are required to certify that the records have been destroyed. After expungement, the arrest is not visible on most background checks and you can truthfully state on most applications that you have not been arrested for the offense. The expungement order covers records held by the arresting agency, the prosecuting authority, the court, DPS, and any other agency named in the petition.

Non-disclosure under Government Code §411.071 seals the record from public access. Unlike expungement, the records are not destroyed — government agencies retain them but are prohibited from disclosing them to most members of the public and most private employers. Certain entities can still access sealed records: law enforcement agencies, licensing boards for certain regulated professions, the military, and employers required by federal law to conduct criminal background checks. Non-disclosure is available for most completed deferred adjudication probations except for DWI, family violence, sexual offenses, and certain other specified charges.

The difference is significant: an expunged arrest is gone for most purposes; a non-disclosed record is sealed but accessible to certain agencies. We evaluate which relief is available on every case and file the appropriate petition as soon as the client is eligible.

Drug Charge Expungement in Texas — What’s Possible and What’s Not

Drug charges have more expungement and record-clearing paths than most charges — but the path depends entirely on what happened in your case. Here is exactly how each scenario plays out.

Drug Case Outcome	Relief Available	Waiting Period	What It Does
Dismissed — Any Charge LevelCh. 55 — Class B misd. through felony	Expungement	Class B: 180 days • Class A: 1 yr • Felony: 3 yrs	Arrest completely erased from all databases
Acquittal at TrialCh. 55 — any drug charge level	Expungement	Immediate	Arrest completely erased • No waiting period
Deferred Adjudication Completed§411.072 — misdemeanor or felony drug charges	Non-Disclosure	Misd: immediate • Felony: 2 yrs post-discharge	Sealed from public • Govt. agencies can still see it
Conviction — Plea or TrialAny drug charge, any level	Not Eligible	N/A	Permanent record • No expungement • No non-disclosure

Waiting periods for dismissed drug charges depend on the charge level at the time of arrest — not the penalty group. A dismissed state jail felony drug charge requires a 3-year wait before the expungement petition can be filed. These waiting periods can be waived if the prosecuting attorney consents in writing.

Drug charge expungement San Marcos — clearing marijuana possession and controlled substance arrests from your record in Hays County

Drug Charge Expungement — Why Dismissal Is the Only Path to a Clean Record

A drug conviction in Texas — guilty plea or trial verdict — cannot be expunged and cannot be sealed through non-disclosure. That includes state jail felony possession of less than a gram of methamphetamine, Class B marijuana possession, and everything between and above those levels. The conviction is permanent, visible on every background check, and cannot be removed regardless of how long ago it happened or how well you’ve done since.

Deferred adjudication — the most common resolution for first-time drug offenders in Hays County — is not the same as dismissal. If you completed deferred adjudication on a drug charge, the case was dismissed, but the arrest record and the court proceedings remain visible until an order of non-disclosure is entered. Non-disclosure under Government Code §411.072 seals the record from most public view, but government agencies, law enforcement, and certain professional licensing boards can still access it. It is a meaningful improvement over a straight conviction, but it is not the same as expungement.

The only path to a completely clean record on a drug charge is dismissal — followed by expungement under Texas Chapter 55. That is why we pursue dismissal on every drug case rather than steering toward deferred adjudication as a default. If your drug charge was dismissed, call 737-937-5786 to find out whether your waiting period has passed and when you can file.

Drug Charge Expungement Scenarios — How Each One Plays Out

The most common drug charge outcomes in Hays County and exactly what record relief is available for each one.

✓ Marijuana Possession Dismissed

A dismissed marijuana possession charge — Class B (under 2oz) or Class A (2–4oz) — is expungeable under Chapter 55 after the waiting period. Class B: 180 days from arrest. Class A: 1 year from arrest. After expungement, the arrest disappears from DPS records, court records, and background check databases. You can truthfully answer “no” on most applications.

✓ Felony Drug Charge Dismissed

A dismissed state jail felony or higher drug charge is expungeable under Chapter 55 after a 3-year waiting period from the date of arrest. This includes dismissed PG1 possession (cocaine, meth, heroin, fentanyl), PG2 (MDMA, THC concentrate), and PG3 charges. The 3-year wait can be reduced if DA Kelly Higgins’s office consents in writing to an earlier filing.

☐ Deferred Adjudication Completed — Non-Disclosure Only

Completing deferred adjudication on a drug charge makes you eligible for an order of non-disclosure under §411.072, not expungement. Misdemeanor drug deferred: eligible immediately after discharge. Felony drug deferred: eligible 2 years after discharge. Non-disclosure seals the record from public background checks but leaves it accessible to government agencies and certain licensing boards.

✗ Drug Conviction — No Relief Available

Any drug conviction — Class B misdemeanor marijuana through first-degree felony PG1 — cannot be expunged and is not eligible for non-disclosure. Straight conviction, whether by plea or trial, is permanent. This includes cases where deferred adjudication was revoked and a conviction was entered. There is no path to clearing a drug conviction from your record in Texas.

Expungement attorneys San Marcos — Mark Hull and Allison Tisdale filing expungement petitions in Hays County courts

The Expungement Process in Hays County

Expungement under Texas Chapter 55 requires filing a petition in the court of conviction and serving all agencies that hold records. Here is how the process works.

01

Evaluate eligibility on every case we handle

We evaluate expungement eligibility at the close of every case we handle — not as an afterthought, but as part of the case wrap-up. If you were charged and your case was dismissed, expunged, or acquitted anywhere in Hays County, Travis County, or surrounding courts, we can evaluate your eligibility now even if we did not handle the underlying case.

02

Identify all holding agencies

The expungement petition must identify every agency that holds records related to the arrest: the arresting law enforcement agency, the prosecuting authority, the court of conviction, DPS, and any other agency named in the arrest and case records. An incomplete petition leaves records behind. We build a comprehensive list of agencies before filing.

03

File the petition in the court of conviction

The petition is filed in the court that handled the original case — for Hays County charges, typically in the Hays County Courts at Law or District Courts at 712 S. Stagecoach Trail, San Marcos. The court sets a hearing date.

04

Serve all named agencies

All agencies identified in the petition must be served with the petition and given the opportunity to respond at the hearing. The Texas DPS, local law enforcement agencies, and the prosecuting authority all receive notice.

05

Appear at the hearing and obtain the order

We appear at the expungement hearing, present the eligibility grounds, and obtain the order. If no agency contests the petition — which is typical when the charge was dismissed or resulted in acquittal — the hearing is straightforward.

06

Verify agency compliance with the order

After the order is entered, agencies have 180 days to return or destroy records. We follow up to confirm compliance and advise on how to handle background check inquiries that may still show the arrest during the transition period.

Expungement in Hays County — Local Courts, Local Knowledge

Mark Hull has filed expungement and non-disclosure petitions in the Hays County Courts at Law and District Courts for over 20 years. Local court knowledge matters in the expungement process: the specific procedures of the Hays County courts, the agencies that must be served, and the formats the local judiciary prefers in expungement orders all affect the efficiency and completeness of the petition.

Allison Tisdale’s prosecutorial experience is directly relevant to expungement: she knows which agencies hold records in Hays County cases, how the DPS maintains its criminal history files, and what a thorough agency list looks like. We evaluate expungement eligibility on every case we close and file petitions as soon as clients are eligible. We carry a 5.0 rating across 363 Google reviews and have achieved Over 930 dismissals or rejected cases since 2021 that create expungement eligibility for our clients.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Hays, Travis, Williamson, and Caldwell county courts. Mark Hull.

◆ Former State Prosecutor on Staff

Allison Tisdale prosecuted criminal cases as a Texas state prosecutor. She knows how DA Kelly Higgins’s office builds these cases — and where they fall apart.

◆ Tried Cases to Verdict in Hays County

When the evidence supports going to trial, we go. That changes how the prosecution values every prior negotiation.

◆ Over 930 dismissals or rejected cases since 2021

Hays County, Travis County, Williamson County — across all charge types and levels.

Over 930dismissal or rejected cases since 2021

5.0Google Rating (363 Reviews)

20+Years in Hays County Courts

Expungement FAQ — Hays County & San Marcos

Common questions about expungement and record clearing in Texas — answered with specific Chapter 55 citations and Hays County court details.

What is expungement in Texas?+

Expungement under Texas Code of Criminal Procedure Chapter 55 is a court order that requires all government agencies to return or destroy all records related to a criminal arrest. After expungement, the records are not visible on most criminal background checks, agencies must certify the records have been destroyed or returned, and — for most applications — you can truthfully state that the arrest did not occur. Texas expungement is among the most complete forms of record relief available — it is not merely sealing, it is legal destruction of the records.

Can a drug charge be expunged in Texas?+

A dismissed drug charge can be expunged under Texas Chapter 55 — meaning the arrest is completely erased from DPS criminal history, court records, and background check databases. A drug conviction cannot be expunged. Deferred adjudication for a drug charge that was successfully completed does not qualify for expungement — it qualifies for an order of non-disclosure under Government Code §411.072, which seals the record from public view but does not destroy it. The only path to a completely clean record on a drug charge is dismissal followed by expungement. Waiting periods apply: 180 days for dismissed Class B misdemeanors, 1 year for Class A, and 3 years for state jail felonies and higher. Call 737-937-5786 to find out whether your waiting period has expired.

What is the waiting period to expunge a drug charge in Texas?+

The waiting period to file an expungement petition for a dismissed drug charge depends on the charge level: 180 days from the date of arrest for dismissed Class B misdemeanors (marijuana under 2 ounces is the most common); 1 year from the date of arrest for dismissed Class A misdemeanors; and 3 years from the date of arrest for dismissed state jail felonies and higher — which covers all dismissed PG1 charges (cocaine, meth, heroin, fentanyl) and most felony drug charges. These waiting periods can be shortened if DA Kelly Higgins’s office consents to an earlier filing in writing. Once the waiting period passes and no charges were filed or the case was dismissed, the expungement petition can be filed immediately. We evaluate the waiting period status on every case at no charge — call 737-937-5786.

Does completing drug deferred adjudication clear my record in Texas?+

Not completely — but it gets you most of the way there. Completing deferred adjudication on a drug charge makes you eligible for an order of non-disclosure under Government Code §411.072, which seals the record from most public background checks. After non-disclosure, most private employers, landlords, and members of the public cannot access the records — but law enforcement agencies, certain professional licensing boards (nursing, education, real estate, financial services), and government agencies can still see it. Non-disclosure eligibility timing: misdemeanor drug deferred is eligible immediately after discharge; felony drug deferred is eligible 2 years after discharge from supervision. Non-disclosure is meaningfully better than a straight conviction, but it is not the same as expungement. Only a dismissed drug charge can be fully expunged.

Who qualifies for expungement in Texas?+

Expungement eligibility under Chapter 55 requires: (1) acquittal at trial; (2) dismissal of the case; (3) grand jury no-bill; (4) pardon; or (5) completion of deferred adjudication for a Class C misdemeanor only. Conviction by any means — guilty plea, no contest, or jury verdict — does not qualify for expungement. DWI, regardless of the outcome except acquittal or dismissal, cannot be expunged. Dismissed charges typically have waiting periods before the expungement petition can be filed, depending on the charge level.

What is the difference between expungement and non-disclosure?+

Expungement under Chapter 55 results in destruction of the records. Non-disclosure under Government Code §411.071 seals the records from public access but does not destroy them. Non-disclosure is available for most completed deferred adjudication probations (not DWI, not family violence). After non-disclosure, most private employers and members of the public cannot access the records, but law enforcement, certain licensing boards, and government agencies can still access them. After expungement, the records are gone from most databases entirely.

Can a DWI conviction be expunged in Texas?+

No. DWI convictions cannot be expunged in Texas, and DWI convictions are not eligible for non-disclosure. A dismissed DWI charge — meaning the case was dismissed without a conviction — can be expunged after the applicable waiting period. An acquittal at trial can be expunged immediately. But any conviction, including a plea of guilty or no contest to DWI, creates a permanent criminal record in Texas that cannot be removed. This is one of the most important reasons to fight a DWI charge from day one rather than accepting a quick plea.

Can a family violence conviction be expunged?+

No. A family violence assault conviction cannot be expunged in Texas. A dismissed family violence charge can be expunged after the applicable waiting period. Deferred adjudication for family violence assault completed successfully does not qualify for non-disclosure. This means that family violence convictions and even successfully completed family violence deferred adjudications are permanently visible on public background checks. The only path to clearing a family violence record is dismissal of the underlying charge — which is exactly why we fight for dismissal on every family violence case.

How long does expungement take in Texas?+

After filing the petition in the court of conviction, the court sets a hearing date. In Hays County courts, the time from filing to hearing is typically 30 to 60 days. After the order is granted, agencies have 180 days to return or destroy records. As a practical matter, DPS criminal history records are updated relatively quickly after the order, but private background check databases may take longer to reflect the expungement. We advise clients on handling background check inquiries during the transition period and can provide documentation of the expungement order for employer use.

Can I expunge an arrest that did not result in charges?+

Yes — an arrest that did not result in charges being filed is typically eligible for expungement under Chapter 55. If a person was arrested in Hays County and the charge was never filed by DA Kelly Higgins’s office, the arrest still shows on the DPS criminal history record until expunged. The expungement process is the same: petition filed in the court with jurisdiction, agencies served, hearing, order. We evaluate eligibility for arrests that did not result in charges using the same process as dismissed cases.

How much does expungement cost in Texas?+

The cost of expungement includes the court filing fee (approximately $350 in Hays County courts), attorney fees, and certified mailing costs for serving all named agencies. Total costs vary depending on the number of agencies named in the petition and the complexity of the case. We offer free eligibility evaluations and discuss the full expected cost during the consultation. Payment plans are available. The long-term employment and licensing benefits of an expunged record typically far exceed the cost of the petition.

Criminal Defense Resources — San Marcos & Hays County

Related pages covering criminal defense charges in San Marcos and Hays County.

Criminal Defense San Marcos

Full criminal defense hub — dismissal is the path to expungement.

Simple Assault Dismissed

Dismissed simple assault charges are eligible for expungement under Chapter 55.

DWI Defense San Marcos

DWI dismissal is the only path to expungement — DWI convictions cannot be cleared.

Theft Defense

Dismissed theft charges — from shoplifting to felony theft — are expungeable.

Weapons Charges

Dismissed weapons charges eligible for expungement under Texas Chapter 55.

Juvenile Defense

Juvenile record sealing under Family Code §58.003 — different from adult expungement.

Hays County Courts Guide

Guide to Hays County court procedures and expungement filing locations.

Family Violence Defense

Family violence dismissal — the only path to clearing a domestic assault record.

What Our Clients Say

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RL

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Google

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737-937-5786

Expungement Lawyer in San Marcos & Hays County — Texas Record Clearing

Texas Expungement — What It Does, Who Qualifies, and Why It Matters

Expungement Eligibility — What Qualifies and What Does Not

Expungement vs. Non-Disclosure — Two Different Outcomes

Drug Charge Expungement in Texas — What’s Possible and What’s Not

Drug Charge Expungement — Why Dismissal Is the Only Path to a Clean Record

Drug Charge Expungement Scenarios — How Each One Plays Out

The Expungement Process in Hays County

Expungement in Hays County — Local Courts, Local Knowledge

Expungement FAQ — Hays County & San Marcos

Criminal Defense Resources — San Marcos & Hays County

Criminal Defense San Marcos

Simple Assault Dismissed

DWI Defense San Marcos

Theft Defense

Weapons Charges

Juvenile Defense

Hays County Courts Guide

Family Violence Defense

What Our Clients Say

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