How to Get a Criminal Record Expunged in Texas

For a Texas parent, discovering that a past arrest—even one that went nowhere—is standing in the way of a job, a home, or volunteering at your child's school can be a moment of pure panic and frustration. It feels deeply unfair. You’ve worked hard to build a life for your family, but this ghost from the past threatens to undermine it all. This fear, this feeling of being trapped by a mistake or a misunderstanding, is something we at the Law Office of Bryan Fagan understand completely. We want you to know that there is a powerful legal solution in Texas called an expunction, and it offers not just hope, but a true fresh start.

To get a criminal record expunged in Texas, you must file a formal Petition for Expunction with the court. This legal process is designed for people who were arrested, but the arrest never resulted in a criminal conviction. When successful, an expunction legally destroys the records of the arrest, giving you the powerful right to deny it ever happened. If your case was dismissed, you were acquitted at trial, or you received a pardon, this is your path to closing that chapter for good.

Your Path to a Clean Slate with Expunction

Discovering that an old arrest record still exists can feel like hitting a brick wall. Suddenly, it’s impacting your ability to get a job, secure a lease, or even volunteer at your kid’s school. For Texas families, this isn’t just some minor inconvenience; it’s a source of constant stress, a shadow that follows you long after a mistake or misunderstanding has been put to rest. Here at the Law Office of Bryan Fagan, we see the weight of this burden every day, and we want you to know there is a clear path forward.

An expunction in Texas isn't just a legal filing—it’s a powerful way to reclaim your future and protect your family from the fallout of a past that no longer defines who you are.

Understanding the Impact of an Old Record

Let’s imagine a scenario we see all too often. Years ago, you were arrested during a heated argument with a former partner. The charges were eventually dropped, and you moved on with your life, building a family and a career. Now, you’ve applied to be a chaperone for your child's field trip, a day you’ve been looking forward to for months. But the required background check unearths that old arrest, leading to an awkward denial from the school and a deep sense of disappointment.

This situation is incredibly common. An arrest record, even without a conviction, can put up some serious roadblocks. It can affect:

• Employment Opportunities: Many employers run background checks as a standard part of hiring, and an arrest—no matter the outcome—can lead to automatic disqualification.
• Housing Applications: Landlords often check criminal histories and may deny rental applications based on what they find.
• Professional Licenses: Getting or keeping certain licenses in fields like nursing, real estate, or teaching can be jeopardized.
• Child Custody and CPS Cases: An old record can be twisted and used against you in family court, creating huge complications in custody battles or CPS investigations. Under the Texas Family Code, specifically provisions in Chapters 262 and 263 concerning hearings and case timelines, a criminal history can be used by CPS to paint a negative picture of your fitness as a parent.

The bottom line is this: a past mistake shouldn't get to dictate your family's future. An expunction offers a legal remedy to permanently erase that chapter, giving you the freedom to move forward without fear or having to explain yourself.

Why So Few People Seek a Fresh Start

Despite the life-changing benefits, a surprising number of eligible people never pursue an expunction. Nationally, the numbers are staggering. Around 74 million Americans have a criminal record, many for arrests that never even resulted in a conviction. Yet, studies have found that fewer than 20% of those who are eligible for record-clearing relief actually get it.

This disconnect is often called the "second chance gap." There are a lot of reasons for it—people get confused by the legal process, they’re worried about the cost, or they simply don't know that clearing their record is even an option. Our goal is to help close that gap for Texas families by making the process clear and offering straightforward, compassionate guidance.

Are You Eligible for Expunction in Texas?

Figuring out if you even qualify is the first, and most important, step toward wiping the slate clean. Getting a criminal record expunged in Texas isn't a free-for-all; the law is very specific about who gets this powerful remedy. It’s really designed for people whose run-in with the law never actually ended in a guilty verdict.

This is the key distinction. It separates those who can have their records completely destroyed from those who might need to look at other options, like sealing their record.

At its heart, an expunction is available if the justice system either found you not guilty or simply decided to drop the case altogether. The law recognizes that just because you were arrested doesn't mean you're guilty, and you shouldn't carry that burden for the rest of your life.

Scenarios That Typically Qualify for Expunction

Whether you're eligible almost always comes down to how your case ended. Texas law provides a few clear-cut paths that allow you to have your record permanently erased.

You're generally in a good position to seek an expunction if:

• You Were Acquitted by a Jury: This is the most straightforward route. If you went to trial and a judge or jury declared you "not guilty," you have a right to an expunction.
• Your Case Was Dismissed: This is probably the most common reason people qualify. A prosecutor might dismiss a case for all sorts of reasons—not enough evidence, a key witness backs out, or maybe you finished a pretrial diversion program.
• You Received a Pardon: It's less common, but if you were convicted and later got a pardon from the Texas Governor or the U.S. President, you can then move to have that record expunged.
• You Were Arrested but Never Formally Charged: Sometimes, you're arrested, but the prosecutor's office looks at the evidence and decides not to even file charges. Once the statute of limitations for that crime has run out, you can file for an expunction.

A Common Example for Texas Parents

Picture this: A young parent, really struggling to make ends meet, gets arrested for shoplifting diapers and formula. The total value is small, making it a Class C misdemeanor. The prosecutor sees the situation for what it is and offers a deal: take an anti-theft class, pay a small fine, and they'll dismiss the case. The parent does exactly that, and the judge dismisses the charge.

In a situation like this, the parent is almost certainly eligible for an expunction. Why? Because the charge was ultimately dismissed and never led to a conviction or deferred adjudication. This means they can completely erase the arrest record, ensuring it never pops up on a background check for an apartment or a new job. For more on this, our guide on how to get criminal charges dropped can provide more context.

Key Distinctions You Need to Know

The single most important factor is the final disposition of your case. You absolutely cannot get an expunction if you were convicted or if you successfully completed a type of probation called deferred adjudication.

A deferred adjudication outcome, where you plead guilty or "no contest" and complete probation to have the case dismissed, does not qualify for an expunction. While the case is dismissed, the record is not eligible for destruction, though it may be eligible for a different remedy called an order of nondisclosure, which seals the record instead of destroying it.

Understanding this difference is critical. An acquittal or a clean dismissal opens the door to true record erasure. A deferred adjudication, on the other hand, leads you down a different path—one that offers privacy but not complete destruction. Knowing exactly how your case was resolved is the key to figuring out your next move. If you're not sure, the best place to start is by getting a copy of your case's final court order.

Expunction vs. Nondisclosure in Texas

When you're looking to put a criminal charge behind you in Texas, you’ll hear two words thrown around a lot: expunction and nondisclosure. They might sound similar, but they are two completely different legal tools with vastly different results. For families trying to move forward, getting this distinction right from the start is the most critical step you can take.

Think of it this way: an expunction is like shredding and incinerating a document. It’s gone, forever, as if it never existed. A nondisclosure, on the other hand, is like putting that document in a high-security vault. The public can't get to it, but it’s still there for certain government and law enforcement agencies to see.

The Power of True Record Destruction

An expunction is the absolute best outcome you can get. It's the gold standard for clearing your name in Texas. When a judge signs an Expunction Order, it's a legal command sent to every single agency holding a record of your arrest—from the local police department all the way up to the Texas Department of Public Safety—telling them to physically destroy it.

Because it's so final, the eligibility rules are incredibly strict. You typically only qualify if your case was dismissed outright (without any probation), you were found not guilty at trial, or you received a pardon.

The legal power of an expunction is hard to overstate. Under Texas law, once the order is signed, you can legally deny the arrest ever happened. This isn't just a suggestion; it's your right. You can confidently check "no" on job applications, apartment leases, and loan forms without worrying about being dishonest.

When Sealing the Record is the Right Path

A nondisclosure is a powerful but different kind of relief. This is usually the route for people who successfully finished a special type of probation called deferred adjudication. With deferred adjudication, you plead "guilty" or "no contest," complete the probation terms set by the judge, and then the case is officially dismissed.

Even though the case is dismissed, the arrest and the court file don't just disappear. An Order of Nondisclosure seals these records from the public. That means landlords, most employers, and your nosy neighbors can't find them. But—and this is a big but—the records are still visible to law enforcement, prosecutors, and certain state licensing boards (like for nursing or teaching).

The rules for nondisclosure can get pretty complicated and often depend on the specific offense, like the particular guidelines for what are Class A misdemeanors in Texas.

Comparing Expunction and Nondisclosure in Texas

Let's put this into a real-world context. Imagine two parents, Maria and David, who both had run-ins with the law.

• Maria’s Expunction: Maria was arrested after a heated argument with a neighbor that was a complete misunderstanding. The prosecutor looked at the file, saw there was no real evidence, and dismissed the case completely. Since it was a clean dismissal, Maria qualifies for an expunction. She can have the entire incident wiped from her record for good.
• David’s Nondisclosure: David was charged with a first-time, non-violent offense. He took a deal for deferred adjudication, finished his probation without any issues, and his case was dismissed. David can't get an expunction, but he can petition the court for an order of nondisclosure to seal the record from public eyes.

To make it even clearer, here’s a simple table breaking down the key differences between these two legal options.

Choosing the right path depends entirely on how your criminal case was resolved. Understanding this difference is the first step toward reclaiming your reputation and protecting your family’s future.

Getting the Expunction Filed in Texas

Once you’ve confirmed you're eligible, it's time to put that knowledge into action. Filing for an expunction in Texas is a very precise legal process, but it’s best to think of it as a series of manageable tasks. This is where the real paperwork begins, and your attention to detail is everything.

The entire process is structured to make sure a judge has all the right information and that every single government agency involved gets properly notified. From hunting down your initial documents to legally serving notice, each step builds on the last, all leading up to the court order that will finally clear your name.

First Things First: Gathering Your Documents

Before you even think about filling out a legal form, you need to collect all the official records tied to your arrest and the court case that followed. This collection of documents is the foundation of your petition, and if anything is missing, you can expect significant delays.

Your first job is to pull together a complete file with:

• Arrest Records: These are the initial papers created by the law enforcement agency that arrested you.
• Court Dispositions: This is the most important document. It’s the final order from the court proving your case was dismissed, you were found not guilty, or another outcome that makes you eligible for an expunction.
• Personal Identification: You'll need your basic info, like your full name, date of birth, and driver's license number.

Think of it like getting all your ingredients out on the counter before you start cooking. Having everything ready from the start makes the whole thing run smoother and helps you avoid that last-minute panic. An attorney can handle requesting and gathering these records for you, making sure nothing gets overlooked.

Drafting and Filing the Petition for Expunction

With your documents in hand, the next move is to draft the official Petition for Expunction. This legal document is your formal request to the court. It lays out who you are, the specifics of the arrest you want wiped clean, and the legal reasons you qualify under Texas law.

The petition has to be perfect—accurate and complete. It must list every single state and local agency that could possibly have a record of your arrest. This is a critical detail that is incredibly easy to mess up.

One of the most common and costly mistakes people make is failing to list every single relevant agency. If you forget to include the county sheriff’s office or the Texas Department of Public Safety (DPS), for example, they won't get the final court order and, as a result, won't destroy their records. This can completely undermine the entire point of getting an expunction.

Once it's drafted, the petition gets filed with the district clerk in the county where the arrest happened—which isn't always the county where you live now. That’s a key procedural point that trips some people up. This is also when you'll pay the court's filing fees.

This infographic gives you a clear visual breakdown of how an expunction stacks up against a nondisclosure, highlighting the complete record destruction you're working toward.

The contrast really drives home why an expunction is the most powerful option for those who qualify. It’s about total erasure, not just hiding the record away.

Serving Notice to All the Right Agencies

Just filing the petition doesn't end the process. The law demands that you formally notify every single agency you listed. This is known as service of process. Every entity, from the District Attorney's office to the police department that arrested you, has to receive a copy of your filed petition. This gives them their chance to look over your request and decide if they want to fight it.

This step is an absolute must, and you have to follow the legal rules to the letter. If you serve the notice improperly, your case can get thrown out, forcing you to start all over again. The process might feel a bit like other formal court proceedings; understanding what happens at an arraignment hearing can offer some perspective on how these structured legal steps work.

While you can legally handle this yourself, the complexity often leads to errors. One study found that only about 6.5% of people eligible for an expungement actually got one within five years, often because the filing process was just too complicated. An experienced attorney makes sure every "t" is crossed and every "i" is dotted, navigating these procedural hurdles to keep your case on track for a win.

From Filing to Final Order: What to Expect Next

You’ve done the hard part. The paperwork is gathered, the petition is filed, and now… you wait. For many people trying to get their record expunged, this is the most nerve-wracking part of the entire process. But knowing what’s happening behind the scenes can help you feel more in control. While the wheels of justice turn at their own pace, the path from this point forward is actually quite predictable.

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Once your petition is officially on file and served to all the right agencies, a legal clock starts ticking. The District Attorney's office, along with every other agency you notified, now has a specific amount of time to review your request. They’ll pull their files to confirm that you are, in fact, eligible for an expunction under Texas law. This is a standard part of the process, just to make sure all the legal boxes are checked.

For the overwhelming majority of cases, this is just a formality. If you are clearly eligible—maybe your case was dismissed without any kind of probation, or you were found not guilty at trial—it’s extremely unlikely the prosecutor will object. This is what we call an "uncontested expunction," and it’s the smoothest and most common path to a clean slate.

The Expunction Hearing

After the response deadline passes, the court will set a date for a final hearing. I know the word "hearing" can sound intimidating, but for most people seeking an expunction, it's a very straightforward and brief affair.

Here’s the great news: if your petition is uncontested, you probably won't even need to show up. Your attorney can appear on your behalf, present the final order to the judge, and get it signed without you ever needing to step foot in the courtroom. This is one of the biggest benefits of having an experienced lawyer handle your case—we take care of the court appearances so you can go on with your life.

In the rare event an agency does object to your petition, a more formal hearing would be scheduled. At that point, your attorney would present evidence and legal arguments to the judge, proving why you meet the strict requirements for an expunction. But again, this is not the typical experience for a properly filed petition.

The Final Order and Its Impact

The single most important moment in this whole journey is when the judge signs the Final Order of Expunction. This signed document is the legal key that unlocks your future. It’s no longer just a request; it is a direct command from the court to every single agency holding a record of your arrest.

This order legally forces all relevant entities—from the local police and county sheriff to the Texas Department of Public Safety and even the FBI—to find and physically destroy every record tied to your arrest. This means everything: fingerprints, mugshots, and all the case files.

Once that order is signed and sent out, the process of erasing your record officially begins. It can take a little time for every agency to comply, but the legal effect is immediate.

Your Post-Expunction Checklist

Getting the judge's signature is a massive victory, but your work isn’t quite done. A little follow-up makes sure you get the full benefit of your new clean slate.

Here’s a quick checklist to guide you through the final steps:

• Confirm Compliance: About 90 to 120 days after the order is signed, it's a good idea to have your attorney follow up with the main agencies to confirm they've destroyed your records.
• Understand Your Rights: You can now legally deny the arrest ever happened on applications for jobs, housing, or loans. It might feel strange at first, so it's good to practice saying it so you can answer with confidence.
• Clean Up Your Online Footprint: A successful expunction clears your official government records, but it doesn't automatically scrub private websites. You may want to take steps toward getting mugshots removed online to clean up your digital presence, too.

This final phase is all about truly embracing the fresh start you’ve earned. You’ve successfully navigated the legal system to clear your name, and now you can move forward without that weight on your shoulders.

Got Questions About Texas Expunction? We've Got Answers.

The road to getting a criminal record wiped clean is paved with legal questions. Getting clear, accurate answers isn't just helpful—it's essential for your peace of mind. As a firm that's walked countless Texas families through this exact process, we've heard just about every question you can imagine.

Here are some of the most common—and most critical—questions we get from parents just like you.

How Long Does the Expunction Process Take in Texas?

One of the first things clients always want to know is how long they'll have to wait for that clean slate. While every case has its own unique wrinkles, a typical expunction in Texas takes anywhere from three to six months. That's from the day we file the petition until the moment a judge signs the final order.

What makes the timeline vary? It often comes down to the county's court docket and how quickly state agencies respond to our notices.

An uncontested petition, where the prosecutor agrees you're eligible, will always move much faster. The biggest reason for delays? Simple procedural errors—like failing to notify the right agencies or filing incomplete paperwork. This is exactly why working with an experienced attorney is so valuable. We know how to sidestep those frustrating and unnecessary setbacks right from the start.

Can a CPS Investigation Record Be Expunged?

This is a critically important distinction, especially for families who have been through the stress of a CPS investigation. A criminal charge that came out of a CPS case—say, an allegation of injury to a child that was later dismissed—can absolutely be expunged if it meets the standard legal criteria.

But—and this is a big but—the administrative record held by CPS itself is a completely separate animal.

Expunging a CPS administrative record is governed by the Texas Family Code, and the legal standard is much higher and far more difficult to meet. It requires a different legal strategy altogether.

If you're dealing with records from both the criminal justice system and CPS, it's absolutely essential to work with an attorney who has deep experience in both criminal defense and Texas family law. You need someone who knows how to navigate both systems effectively.

What Is the Cost of Getting a Record Expunged?

The total cost to get a record expunged is really made up of three parts: court filing fees, the fees for serving notice to all the required agencies, and of course, attorney fees. We get it—this is a significant financial consideration for any family.

However, the best way to think about it is as an investment in your future. The long-term value of a completely clean record is truly immeasurable. It unlocks better job opportunities, secures housing options, and gives you back a priceless sense of peace. Our legal fees reflect the expertise needed to handle your case correctly the first time, helping you avoid the costly mistakes of an improperly filed petition.

We invite you to a free consultation where we can give you a clear, transparent breakdown of the specific costs for your unique case.

Do I Have to Disclose an Expunged Arrest on Job Applications?

Here’s the best part. The answer is a clear, confident, and legally protected no. This is the single most powerful benefit of a Texas expunction.

Once a judge signs that order, the law gives you the right to deny the arrest and the charge ever happened. You can legally and honestly answer "no" to questions about arrests on applications for jobs, housing, or loans. There's no fear of being caught in a lie, because legally, it's as if it never occurred.

This legal shield allows you to pursue new opportunities and provide for your family without the shadow of a past arrest holding you back. We can guide you on how to handle these questions with confidence as you move forward into a brighter future.

When your family's future and your good name are on the line, you need more than just a lawyer; you need a compassionate advocate who understands what you're going through. At the Law Office of Bryan Fagan, we are dedicated to helping Texas parents and families clear their records and reclaim their lives with dignity. We know the weight you’re carrying, and we are here to help lift it. If you are ready to put the past behind you and secure a brighter future for your family, contact us today for a free, confidential consultation. Let's talk about how we can help you achieve the fresh start you deserve.