Texas Misdemeanor Expunction Attorneys

Expunction for dismissed misdemeanors

If a misdemeanor charge was dismissed — including by a no-contest plea with deferred disposition that was ultimately dismissed — the arrest and charging records are eligible for expunction under Article 55.01. After expunction, the records are physically destroyed at every record-holding agency and the petitioner may legally deny the arrest occurred for most purposes.

The waiting period after dismissal depends on whether the charge was a Class A/B misdemeanor (1 year) or a Class C misdemeanor (180 days), measured from the date of arrest. If the statute of limitations has expired, expunction can proceed sooner.

Non-disclosure for deferred-adjudication misdemeanors

When a misdemeanor was resolved through deferred adjudication and the community supervision was completed without adjudication, an Order of Non-Disclosure seals the record from public background-check databases. Unlike expunction, non-disclosure does not destroy the record — law enforcement and certain licensing agencies can still access it.

For most non-violent misdemeanors completed by deferred adjudication, non-disclosure is available immediately after discharge. A 2-year waiting period applies to Class A and Class B misdemeanors involving family violence, stalking, or trafficking-adjacent offenses.

Convictions vs. deferred adjudication

A straight guilty plea resulting in a conviction (not deferred) generally does not qualify for expunction. Non-disclosure may be available for certain conviction categories under specific sub-sections of Chapter 411. An attorney reviews the judgment to identify the correct statute and waiting period.

How to expunge a Texas misdemeanor

1. Confirm disposition of the misdemeanor. Obtain certified court records showing whether the case ended in dismissal, deferred adjudication completion, or a straight conviction. Each path has different remedies.
2. Verify the waiting period. Confirm whether 1 year (Class A/B) or 180 days (Class C) has elapsed since the arrest date, or whether the statute of limitations has expired, whichever permits filing sooner.
3. Run a Texas DPS criminal history. Order a Texas DPS personal criminal-history report to confirm no disqualifying convictions during the waiting period.
4. Determine expunction vs. non-disclosure. Your attorney reviews the judgment to confirm whether expunction (Article 55.01) or non-disclosure (Chapter 411) is the correct statute.
5. File petition in the district court of arrest county. For expunction, file in the district court of the county where the misdemeanor arrest occurred. Filing fees typically range from $200 to $350.
6. Serve all required agencies. Provide notice to the District Attorney, arresting agency, DPS, and any other record-holding agencies listed in the expunction statute.
7. Attend hearing (if required). The court may grant expunction without a hearing if no party objects. If the DA objects or the judge requests a hearing, appear with your attorney.
8. Confirm record destruction and database updates. After the order is signed, each agency is required to destroy the records. Verify commercial database removal within 60–90 days.

Statutes cited

• Texas Code of Criminal Procedure Article 55.01 (Expunction of criminal records) — Tex. Code Crim. Proc. Art. 55.01
• Texas Government Code § 411.074 (Non-disclosure after deferred adjudication) — Tex. Gov. Code § 411.074

Frequently asked questions

Find an expungement attorney in Texas

Browse verified attorneys in Texas who handle misdemeanor expunction cases. Every listing is built from Texas State Bar public records.