If a prior arrest is showing up on background checks and costing you opportunities, you can have it removed permanently. Texas expunction law allows qualifying individuals to petition a court to have an arrest record erased as though it never happened. The Law Offices of David M. White helps people in Abilene and across West Texas through that process.
Call 325-437-3311 for a free record review, or request your free record review online.
What Expunction Actually Does in Texas
An expunction is a court order directing every agency that holds records of an arrest, the Texas Department of Public Safety, local law enforcement, courts, and prosecutors, to destroy or return those records. Once granted, you are legally permitted to deny that the arrest ever occurred in most contexts.
That is meaningfully different from a record simply aging off a background check. The record is gone.
What Gets Removed After an Expunction
An expunction wipes out the full arrest record, not just the charge. After a successful expunction under Texas Code of Criminal Procedure § 55.01, agencies are ordered to destroy or return:
- Arrest records and booking photos
- Fingerprints associated with the arrest
- Court records tied to the charge
- Records held by the prosecutor’s office and law enforcement
Who Can Still See the Record
Expunction removes your record from most public sources, but a small number of agencies keep access. Certain agencies retain access even after an expunction is granted. If the arrest involved an offense requiring sex offender registration, that obligation is not affected. Private background check companies that have already indexed the record are legally required to comply with the court order, but some take time to update their databases.
Who Qualifies for Expunction in Texas
Expunction is not available for everyone. Texas law limits eligibility to situations in which the criminal process did not result in a conviction.
Not sure whether your case qualifies? Call 325-437-3311. Our Abilene expunction attorney will review your record at no cost.
David M. White has handled expunction and nondisclosure cases in Taylor County and across West Texas. Call 325-437-3311 to speak with him directly about your record.
Arrests That Did Not Lead to Conviction
The most direct path to expunction applies to arrests in which charges were never filed, the case was dismissed, or the window for the prosecutor to file charges expired without action. There are specific waiting periods, based on the offense level, before a petition can be filed.
Acquittals
A not-guilty verdict at trial makes the defendant eligible to petition for expunction of the entire arrest record, regardless of the offense level.
Charges That Do Not Qualify
A conviction, including one that resulted in probation, does not qualify for expunction. Deferred adjudication that was successfully completed is also ineligible for expunction, though it may qualify for nondisclosure. If a single arrest involved multiple charges and one resulted in a conviction, eligibility for the other charges may be affected depending on how the cases were handled.
When Expunction Is Not an Option: Nondisclosure
Not every case qualifies for expunction, but that does not always mean the record stays visible to the public. If your case does not qualify for expunction, a nondisclosure order may be the next best path. Nondisclosure does not erase the record; it seals it from public view, including most private employer background checks.
Not sure which option applies to your situation? Call 325-437-3311 and we will walk through the options with you at no cost.
Deferred Adjudication Cases
Successfully completing deferred adjudication makes many misdemeanor and some felony cases eligible for nondisclosure under Texas Government Code § 411.073. Waiting periods apply depending on the offense level, and certain categories are excluded regardless of outcome.
First-Time DWI Nondisclosure
Texas Government Code § 411.0731 allows qualifying first-time DWI offenders to petition for nondisclosure after meeting specific conditions, completing all sentence terms, having no subsequent convictions, and waiting for a period. Once granted, the DWI no longer appears on most background checks, though law enforcement and licensing boards retain access to it.
How the Expunction Process Works in Texas
Filing the Petition
The process starts with a petition filed in the district court of the county where the arrest occurred. For Taylor County arrests, that means filing in Abilene. The petition identifies the arrest to be expunged and the legal basis for eligibility. All agencies holding records of the arrest are named as respondents and must be notified before the hearing.
The Hearing and What Follows
The court schedules a hearing after the agencies have been given time to respond. If the petition is granted, the court issues an order directing each named agency to destroy or return the records within a set timeframe. Following up on compliance after the order is entered is part of making sure the record is actually cleared from the sources that affect you, not just the official ones.
Expunction Questions Answered by Our Abilene Attorneys
How long does the expunction process take in Texas?
From filing to final order, the process typically takes several months. Courts schedule hearings after all named agencies have been notified and given time to respond. Timelines vary depending on the county’s docket and whether any agency contests the petition before the hearing date.
Do I need a lawyer to file for expunction in Texas?
Technically, no. Texas law does not require an attorney to file an expunction petition. In practice, the process involves identifying every agency that holds records of the arrest, serving each one, and following up on compliance after the order is granted. Errors in the petition can delay or defeat it. Most people find that having an attorney handle the filing is worth it.
Will an expunged record still appear on background checks?
Once the expunction order is in effect and agencies have complied, the record should no longer appear on properly conducted background checks. Some third-party data aggregators are slower to update than official sources. Monitoring compliance after the order is entered is part of the process of completing it correctly.
What happens if an agency does not comply with the expunction order?
An agency that fails to destroy or return records as ordered can be held in contempt of court. Following up after the order is entered matters. Some agencies, particularly private background check databases, are slower to update than official sources. Monitoring compliance is part of completing the process correctly.
Is expunction available for felony charges in Texas?
Yes, in limited circumstances. Felony charges that were dismissed, resulted in an acquittal, or were never filed after an arrest can qualify under Texas Code of Criminal Procedure § 55.01. Felony convictions do not qualify, and certain offense categories are excluded regardless of outcome. An attorney can review the specifics of your case and tell you where you stand.
Start With a Free Record Review
The first step is to determine whether your case qualifies and, if so, what the timeline and process look like for your situation. The Law Offices of David M. White reviews records at no cost and handles expunction and nondisclosure petitions in Abilene, San Angelo, and across West Texas.
Call 325-437-3311 to speak with David M. White directly, or request your free record review online. Se habla español.