Expunge My Criminal Record

In the State of Texas your right to an Expunge your criminal record is very limited. To qualify for an immediate Expunction of your criminal record you must:

  • have been acquitted after a bench or jury trial, or
  • the case must have been dismissed because of either fraud or mistake, or
  • because you completed a pre-trial intervention program.

If your case was dismissed because of lack or evidence or insufficient evidence, then you must wait until the Statute of Limitation for your case has expired before you can file for an Expunction. The Statute of Limitation for all Misdemeanor offenses is two years from the date of offense. CCP Art. 12.02. The Statute of Limitation for Felony offenses varies from three years to ten years, and in some cases there is no Statute of Limitation. CCP Art. 12.01.

Do I Qualify to Expunge My Criminal Record?

You may believe that you are entitled to an Expunction if you have successfully completed a Deferred Adjudication probation, this is because at the time of your guilty plea the Judge said “if you successfully complete probation then your case will be dismissed and you will have no conviction”. That is not totally correct, the statute specifically excludes an Expunction if your case ended with a Deferred Adjudication probation or community supervision. You are only entitled to file for an Expunction in a very limited number of cases. However it is likely that you are entitled to file a Petition for Non-Disclosure, which will result in a court order that prohibits the government from sharing with the general public information regarding your Deferred Adjudication.

Texas Code of Criminal Procedure. Article 55.01. Right to Expunction.

(a) A person who has been placed under a custodial or non-custodial arrest for commission of a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: (1) The person is tried for the court; or (B) convicted and subsequently pardoned; or (2) each of the following exist: (A) An indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested, or the indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed,and (i) the limitations period expired before the date of filing for expunction,or (ii) the court finds that the indictment or information was dismissed or quashed because: the person completed a pretrial intervention authorized pursuant to Texas Government Code 76.011 [pre-trial services], or because the presentment had been made because of a mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void; (B) the person has been release and the charge, if any, has not resulted in a final conviction and is no longer pending, and there was no court-ordered community supervision under CCP Art. 42.12 [Deferred Adjudication] for an offense other than a Class C Misdemeanor; and (C) the person has not been convicted of a felony in the 5 years preceding the date of arrest.