Texas Expunction Attorneys (Article 55)

Reviewed: May 15, 2026

Quick answer: Expunction in Texas

In Texas, "expunction" is the complete erasure of an arrest and prosecution record. It is governed primarily by Article 55 of the Code of Criminal Procedure. Expunction is generally limited to cases that did not end in conviction — acquittals, dismissals, no-bills by a grand jury, and similar dispositions — plus a narrow set of pardoned convictions. A separate remedy called an Order of Non-Disclosure (Government Code Chapter 411) covers many cases that ended in deferred adjudication or certain misdemeanor convictions. Key points: Expunction requires no conviction — acquittals, dismissals, and no-bills qualify Deferred adjudication completions typically use non-disclosure, not expunction All agencies holding records (DPS, FBI, arresting agency) must be served and destroy records

At a glance

✓ Expunction requires no conviction — acquittals, dismissals, and no-bills qualify
✓ Deferred adjudication completions typically use non-disclosure, not expunction
✓ All agencies holding records (DPS, FBI, arresting agency) must be served and destroy records
✓ After expunction, you may legally deny the arrest occurred
✓ Timeline: 4 to 8 months from filing to order in most Texas counties

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Who qualifies for an expunction in Texas?

Common categories include: an acquittal at trial, a dismissal with the case never refiled (subject to statute-of-limitations waiting periods), a grand jury no-bill, an arrest that never resulted in charges (waiting periods apply by offense level), and a conviction later set aside on actual-innocence grounds or pardoned for actual innocence.

Deferred adjudication that was successfully completed does NOT generally qualify for expunction — it is handled through non-disclosure instead. Class C misdemeanor deferred dispositions are the main exception that may qualify for expunction.

What does the process look like?

The attorney files a Petition for Expunction in the district court of the county where the arrest occurred (or where the offense was alleged). All agencies that touched the record — arresting agency, prosecutor, court clerk, DPS, FBI when applicable — must be named as respondents and served. The court sets a hearing at least 30 days out. If the petition is unopposed, judges in many counties grant the order without testimony.

Once the Order of Expunction is signed, the clerk forwards it to every named agency. Records must be destroyed or returned. After expunction, the petitioner may legally deny that the arrest occurred for most purposes.

Waiting periods and timing

For arrests that never led to charges, the waiting period is 180 days for Class C misdemeanors, 1 year for Class A/B misdemeanors, and 3 years for felonies — measured from the arrest date. Once filed, an uncontested expunction typically takes 60 to 120 days from filing to final order.

How to expunge your Texas criminal record

Determine expunction eligibility. Your attorney reviews your case disposition to confirm it qualifies for expunction under Article 55. Acquittals, dismissals, no-bills, and arrests without charges are common eligible categories.
Verify waiting periods met. For arrests without charges, confirm the waiting period has passed: 180 days for Class C misdemeanors, 1 year for Class A/B misdemeanors, 3 years for felonies.
Obtain certified court records. Request certified copies of the case disposition from the district clerk or county clerk in the county where the case was handled.
Identify all record-holding agencies. Your attorney lists every agency that maintains records: arresting agency, district attorney, court clerk, Texas DPS, and FBI if applicable. All must be named as respondents.
File Petition for Expunction. Your attorney files the petition in the district court of the county where the arrest occurred. Filing fees typically range from $250 to $500 depending on county.
Serve all respondent agencies. The petition and citation must be served on every named agency by certified mail or personal service. Each agency has time to review and potentially object.
Wait for hearing date. The court sets a hearing at least 30 days after filing. If no agency objects, many judges grant the order without requiring testimony.
Attend hearing if required. If any agency objects, a hearing is held to address concerns. Your attorney presents evidence that you meet all statutory requirements.
Receive Order of Expunction. Once the judge signs the order, the clerk forwards certified copies to every named agency. Records are destroyed or returned, and you may legally deny the arrest occurred.

Statutes cited

Texas Code of Criminal Procedure Article 55.01 (Right to expunction) — Tex. Code Crim. Proc. Art. 55.01
Texas Code of Criminal Procedure Article 55.02 (Expunction procedure) — Tex. Code Crim. Proc. Art. 55.02

Frequently asked questions

Can a DWI conviction be expunged in Texas?

A DWI conviction generally cannot be expunged. A first-time DWI dismissed or reduced to obstruction may qualify. Some first-offense DWI convictions are now eligible for non-disclosure under HB 3016 (2017) if statutory conditions are met. An attorney can confirm eligibility.

How much does a Texas expunction cost?

Court filing fees vary by county and typically range from roughly $250 to $500. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them.

Will the FBI clear its records?

Yes. When the Texas Department of Public Safety receives the expunction order, it notifies the FBI. Federal records may take additional weeks to be updated.

What is the difference between expunction and non-disclosure?

Expunction destroys the record. Non-disclosure seals the record from most public view but keeps it accessible to law enforcement and certain licensing agencies. Eligibility rules and waiting periods differ. Many people use a Texas attorney to determine which remedy applies.

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