Texas Expunction Attorneys (Article 55)
Last updated: May 2026
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.
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.
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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