Expunction of Criminal Records
NOTICE: These answers are provided as a public service and represent the District Attorney's good faith understanding of the Texas non-disclosure statute. They are not intended to substitute for independent legal analysis by an attorney in private practice, however. The District Attorney strongly urges anyone pursuing a petition for expunction to consult with an attorney of his or her own choice.
WHO is Entitled to have Their Criminal Records EXPUNGED?
Pursuant to Chapter 55, Texas Code of Criminal Procedure, a person who has been arrested for either a felony or misdemeanor offense may have their criminal records EXPUNGED if:
- The person is tried and ACQUITTED (found Not Guilty);
- The person is convicted, but subsequently PARDONED;
- The person has not been indicted or had any information filed for the arrested conduct, or had their indictment or information dismissed or quashed, AND;
a. The statute of limitations has expired, or
b. The Court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating a lack of probable cause.
- The arrest has not resulted in a Final Conviction, is no longer pending and there was no court-ordered community supervision (probation) for any offense above a Class C misdemeanor. (This provision “knocks out” all deferred adjudication offenses of a Class B misdemeanor level and above.)
- The person has not been convicted of a felony in the five years preceding the date of arrest.
- Information identifying the victim was falsely given by an arrestee as the arrested person’s identifying information without the consent of the victim.
- The only reason for the information identifying the victim being contained in the arrest records and files of an arrestee is that the information was falsely given by the arrestee as the arrestee’s identifying information.