TEXAS EXPUNGEMENT ATTORNEY

An expunction (expungement) is a court order requiring agencies to delete, destroy, or return records of an arrest/case and to remove index references. After expunction, you may generally deny the arrest/case, with narrow exceptions.

Statutes: Tex. Code Crim. Proc. arts. 55A.051–55A.054, 55A.151–55A.154, 55A.251–55A.253, 55A.351–55A.353.

An Order of Nondisclosure seals your criminal history from public view. Most employers/landlords cannot access sealed records; law enforcement and certain licensing agencies still can.

Statutes: Tex. Gov’t Code ch. 411, subch. E-1.

Most expunctions or nondisclosures take about 6–8 weeks from filing to a signed order, depending on the court’s docket, prosecutor response, and agency notice/service.

Reference: Arts. 55A.351–55A.353 (agency duties).

Eligible if dismissal was based on (art. 55A.053(a)(2)(A)–(E)):

• Completion of a pretrial intervention/diversion program
• Mistake, false information, or no probable cause
• Charging instrument void, or other statutory grounds
• Released, not convicted, not pending; no community supervision (other than Class C deferred)

Bars (arts. 55A.151–55A.154):

• Still subject to prosecution for another offense from same episode (55A.151)
• Probation-violation warrant or absconding after bond (55A.153–55A.154)

Statutes: Arts. 55A.051, 55A.053(a)(2), 55A.151–55A.154, 55A.251–55A.253.

No charging instrument filed — waiting periods (art. 55A.052(a)):

• Class C: 180 days
• Class B/A: 1 year
• Felony (or related felony): 3 years
• Or earlier with a prosecutor certification

Limitations route (art. 55A.054):

• Available once statute of limitations has expired

Bars:

• Pending case from the arrest, or community supervision (other than Class C)
• Absconding after release on bond (55A.154)

Statutes: Arts. 55A.052(a)(1)–(4), 55A.054, 55A.154.

Common paths:

• Deferred disposition → dismissal → expunction
• No complaint filed + 180 days since arrest
• Acquittal or pardon

• Class C community supervision does not bar expunction
• File in justice/municipal court for fine-only offenses

Statutes: Arts. 55A.051, 55A.052, 55A.252.

Eligible (Gov’t Code § 411.072) when ALL apply:

• Misdemeanor; deferred adjudication completed
• First offender(except fine-only traffic)
• 180 days since placement on deferred

Not automatic if:

• DWI/BWI or misdemeanors under PC chs. 20, 21, 22, 25, 42, 43, 46, 71
• Judge finds nondisclosure not in the interest of justice

Statute: Tex. Gov’t Code § 411.072.

Most Class C matters should be expunged. A convicted Class C with community supervision after conviction may qualify for nondisclosure under § 411.073 if eligible.

Statutes: Tex. Gov’t Code § 411.073; Tex. Code Crim. Proc. ch. 55A.

Deferred DWI/BWI — § 411.0726

• First offender; discharged/dismissed; wait 2 years

• No accident, no CDL/CLP, no BAC ≥ 0.15, no § 49.09 enhancement

DWI conviction + probation — § 411.0731

• First-offender Class B; all fines/costs paid
• Wait 2 years with ≥6 mo interlock, otherwise 5 years

• Same exclusions (accident, CDL/CLP, BAC ≥ 0.15)

DWI conviction without probation — § 411.0736

• Certain first-offender Class B after sentence completed
• Wait 3 years with interlock, otherwise 5 years

Statutes: §§ 411.0726, 411.0731, 411.0736; global disqualifiers § 411.074.

Conviction + community supervision — § 411.073

• Completed probation; fines/costs paid
• Immediate for most; 2-year wait if in PC chs. 20,21,22,25,42,43,46

Confinement (no probation) — § 411.0735

• Fine-only: immediate; otherwise 2 years

Global disqualifiers — § 411.074

• Registerable sex offense, aggravated kidnapping, murder, trafficking, injury/abandoning child, PO violations, stalking, or any offense involving family violence
• New non-traffic convictions/deferred during probation or waiting period

Statutes: §§ 411.073, 411.0735, 411.074.

Eligibility — § 411.0725

• Deferred adjudication → discharged/dismissed
• Immediate at discharge for most; 2 years if in PC chs. 20,21,22,25,42,43,46
• DWI/BWI use § 411.0726

Statutes: §§ 411.0725, 411.074.

Eligibility — § 411.0725(c)

• Deferred adjudication for a felony; discharged/dismissed
• 5-year wait after discharge
• Not DWI/BWI (those use § 411.0726)

Statutes: §§ 411.0725(c), 411.074.

Immediate when:

• Deferred adjudication misdemeanors not in PC chs. 20,21,22,25,42,43,46 — § 411.0725(b)
• Misdemeanor convictions with probation not in those chapters — § 411.073(b)

Statutes: §§ 411.0725(b), 411.073(b).

We offer a milestone-based payment plan so you can begin the record-clearing process immediately.

• $400 Milestone: We retrieve your criminal records and confirm eligibility.
• $800 Milestone: We draft and file your petition with the court. Once this step is complete, the remaining balance must be paid within four months.
• $1,395 Milestone: We submit your final order for the judge’s signature and set your petition for hearing.

We’ll keep you updated at every stage and finalize your case as soon as your plan is complete.