Are You Eligible for a Texas Expungement?

Texas Eligibility Requirements to Expunge Criminal Records

You are eligible to expunge your Texas criminal case if you meet one or more of the following requirements.

• You are tried and acquitted by a jury (found not guilty); or

• You receive a pardon from the Governor; or

• You were arrested for an offense but the case was never filed or was eventually no-billed by the grand jury; or
  • You were not arrested, charged, and eventually convicted or placed on probation for any other offense related to the offense that was never filed.
  • Waiting Period to Expunge Record
    • The Statute of Limitations has expired; OR
    • You were arrested for a Class C misdemeanor and it has been at least 180 days since the arrest; OR
    • You were for a Class A or B misdemeanor and it has been at least one year since the arrest; OR
    • You were arrested for a felony and It has been at least three years since the arrest.

• You were arrested for an offense that was later dismissed; or
  •  You were not arrested, charged, and eventually convicted or placed on probation for any other offense related to the offense that was dismissed (This includes Class C Misdemeanor cases were an individual successfully completes a term of deferred adjudication); and
  • You were not convicted of the offense; and
  • You were not placed on any type of probation for the offense or any related offense;
  • The case is no longer pending; and I have been released, and the charge against me has not resulted in a final conviction, and is no longer pending; and
  • You did not abscond or jump bail after you were arrested for the offense; and
  • Applicable Waiting Periods.
    • Statute of Limitations for the offense has expired.  This includes any tolling period while the case was pending in court.  has run (See Article 12 of the Texas Code of Criminal Procedure for a complete list of the Statute if Limitations for all felonies. The Statute of Limitations for all misdemeanors is two years. The Statute of Limitations begins on the date of the alleged offense. Certain conditions may temporarily stop the Statute of Limitations.)
  • No Waiting Period.
    • Your case was dismissed after you completed an authorized pre-trial diversion program.
    • Your case was dismissed due to mistake, false information, or other similar reason indicating the absence of probable cause to believe you committed the offense or because the indictment or information was void.
    • Your Class C misdemeanor case was dismissed after the successful completion of your term of deferred adjudicated probation.

 

• You have been convicted of an Unlawful Carrying of a Weapon (firearm) Offense prior to September 1, 2021 under section 46.02(a).
  • Additionally, the following may be eligible for an expunction as well.
    • Unlawful Carrying of a Weapon cases by minors or those with certain prior convictions who still cannot carry a handgun under the new §46.02(a);
    • Unlawful Carrying of a Weapon in a vehicle prior to September 1, 2007, which were prosecuted under §46.02(a) until §46.02(a-1) was enacted for that subset of cases;
    • Unlawful Carrying of a Weapon at a licensed premises, which may still be a crime under the new §46.03(7); and
    • Unlawful Carrying of a Weapon involving clubs or illegal knives, which were crimes until a few years ago and for which it may again be a crime to carry at certain locations under the amended §46.03.