Last Updated on July 15, 2025 by Beltz Law Group
Clearing Your Record in Texas: Understanding Expunction Under Article 55A (Self-Filing Guide)
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In Texas, every interaction an individual has with law enforcement, from an initial arrest to the final disposition of a case, is meticulously recorded. These records, often public, can follow you for years, creating significant obstacles. Even if charges were dropped, you were acquitted, or the case was dismissed, a past arrest record can lead to prejudice in employment, housing, licensing, and other critical areas of life.
Fortunately, Texas law provides pathways to address these public records, primarily through Expunction and Orders of Nondisclosure. While these legal tools can offer significant relief, navigating the process on your own requires careful attention to detail and a thorough understanding of the law.
Important Note for Self-Filers: While this guide aims to simplify the process, Texas expunction law is complex and has recently undergone significant changes with the enactment of Article 55A of the Code of Criminal Procedure. Errors in filing can lead to delays or outright denial. Many individuals find that hiring an experienced attorney for this process saves time, reduces stress, and increases the likelihood of a successful outcome.
Expunction vs. Nondisclosure: What’s the Difference?
Before attempting to file, it’s crucial to understand the distinct types of record relief available in Texas:
- Expunction (Texas Code of Criminal Procedure, Chapter 55, now primarily Article 55A): This is the most comprehensive form of relief. An expunction order legally requires government agencies (including law enforcement, courts, and prosecutors) to destroy or return all records related to an arrest. Once an expunction is granted, you can legally deny the arrest ever occurred, with very few exceptions (e.g., specific governmental licenses or applications for certain law enforcement positions). The goal is to make it as if the arrest never happened in the eyes of the public.
- Order of Nondisclosure (Texas Government Code, Section 411.081): A nondisclosure order “seals” your record, meaning it prevents most private and public entities from accessing information about an offense. However, certain government agencies (like law enforcement, state bar, and some licensing boards) will still have access to the sealed records. Unlike an expunction, you generally cannot deny the existence of a sealed record if asked by one of these specific entities. Nondisclosures are typically available for cases resulting in deferred adjudication probation.
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Who is Eligible for Expunction Under Article 55A?
The eligibility requirements for expunction in Texas are strict and must be met precisely. The recent updates under Article 55A of the Texas Code of Criminal Procedure (effective 2023) primarily clarify and consolidate previous provisions, but the core criteria remain. You are generally eligible for expunction if:
- You were arrested, but no charge was ever filed.
- You were charged, but the charge was dismissed or “no-billed” by a grand jury.
- You were charged and acquitted by the trial court.
- You were convicted, but later pardoned by the Governor of Texas or the President of the United States.
- You were found innocent by a court after a conviction (e.g., through a writ of habeas corpus).
- You were arrested for a Class C misdemeanor, completed deferred disposition, and successfully completed the terms.
- You were arrested for a Class C misdemeanor, paid a fine, and were released, and 180 days have passed since the date of arrest, and you have not been convicted of any other offense.
Crucial Considerations for Eligibility:
- Waiting Periods: Even if you meet one of the above criteria, there are specific waiting periods that must pass from the date of arrest before you can file for expunction. These periods vary depending on the type of offense (e.g., 180 days for a Class C misdemeanor, one year for a Class B or A misdemeanor, three years for a felony) if no charges were filed or if the case was dismissed. The waiting period is waived if the prosecuting attorney certifies that the case will not be refiled.
- Felony Cases: While expunction is possible for some felony arrests if charges were never filed or dismissed, convictions generally disqualify you unless a pardon or innocence finding is issued.
- Ineligibility for Certain Offenses: Even if a case was dismissed, certain serious offenses (e.g., certain violent crimes, repeat DWI offenses) may not be eligible for expunction.
- No Other Convictions: Generally, you must not have been convicted of a felony or a Class A or B misdemeanor (other than traffic offenses not punishable by jail time) from the date of the arrest sought to be expunged up to the date of the expunction order.
The Expunction Process for Self-Filers in Texas
Attempting to file for expunction on your own requires meticulous preparation and adherence to legal procedures. Here’s a general overview of the steps:
- Verify Your Eligibility and Gather Documents:
- Confirm Eligibility: Double-check that your specific situation meets all the stringent eligibility requirements under Article 55A of the Texas Code of Criminal Procedure.
- Obtain Your Criminal Record: This is a crucial first step. You’ll need precise details of your arrest, including the arresting agency, date of arrest, offense charged, court case number, and disposition. You can request your criminal history report from the Texas Department of Public Safety (DPS). You may also need to contact the arresting agency, the prosecutor’s office, and the court clerk to get all relevant details and documentation regarding the disposition of your case (e.g., order of dismissal, acquittal).
- Identify All Agencies: List every single governmental agency that might have a record of your arrest. This includes the arresting police department, sheriff’s office, district attorney’s office, county attorney’s office, court clerk, county jail, DPS, and potentially others. Missing even one agency can result in records not being destroyed.
- Draft the Petition for Expunction:
- This is a formal legal document that must be correctly formatted and contain specific information required by law.
- Caption: Proper court, cause number, and parties.
- Petitioner’s Information: Your full name, date of birth, driver’s license number, and current address.
- Allegations: Clearly state why you are eligible for expunction, referencing the specific section of Article 55A of the Code of Criminal Procedure that applies to your case.
- Details of Arrest: Provide precise details of the arrest you want expunged: date, time, location, arresting agency, offense charged, case number, and how the case was resolved (e.g., dismissed, acquitted).
- List of Agencies: Provide a complete list of all governmental agencies that should receive the expunction order (the ones you identified in step 1).
- Prayer: State what you are asking the court to do (grant the expunction and order records destroyed).
- Verification and Signature: You must sign the petition under oath.
- File the Petition with the District Court:
- The Petition for Expunction must be filed in the District Court in the county where the arrest occurred, or if the arrest occurred in a county that does not have a district court, in a district court in an adjacent county.
- You will need to pay a filing fee. If you cannot afford the fee, you may be able to file a Statement of Inability to Afford Payment of Court Costs.
- Serve All Necessary Parties:
- After filing, you must formally “serve” copies of the Petition for Expunction to all identified governmental agencies (e.g., the arresting agency, district attorney, county attorney, DPS, court clerk). This ensures they are properly notified of the lawsuit.
- Proper legal service is critical. This typically involves certified mail, return receipt requested, or personal service by a process server. Do not attempt to simply mail it yourself without following proper legal procedures.
- Attend the Hearing:
- The court will schedule a hearing on your Petition for Expunction. You must appear at this hearing.
- The judge will review your petition, consider any objections from the prosecuting attorney (if they file one), and verify that all eligibility requirements have been met.
- You may need to present evidence (e.g., certified copies of court documents showing dismissal or acquittal) to support your petition.
- Obtain and Distribute the Order of Expunction:
- If the judge grants your petition, they will sign an “Order of Expunction.”
- You are then responsible for ensuring that a certified copy of this order is properly sent to every single agency listed in the order. Each agency is legally required to destroy the records within a specified timeframe (typically 30 days) upon receiving the order.
- Keep certified copies of the order and proof of service for your own records.
Why Legal Counsel is Often Recommended
While filing pro se (on your own) is legally permissible, the expunction process in Texas is fraught with potential pitfalls for the untrained individual:
- Complex Eligibility Criteria: Determining precise eligibility, especially with waiting periods and specific exclusions, can be confusing.
- Meticulous Documentation: Gathering all necessary records from various agencies and ensuring accuracy can be time-consuming and challenging.
- Drafting Legal Documents: The Petition for Expunction must meet strict legal formatting and content requirements. Errors can lead to rejection.
- Proper Service: Incorrectly serving agencies can delay or even derail your case.
- Courtroom Procedure: Navigating a court hearing, even an uncontested one, can be intimidating without legal experience.
- Staying Updated: Laws, like Article 55A, can change, and a lawyer will be up-to-date on the latest requirements.
If you’re considering clearing your criminal record in Texas, a consultation with an experienced attorney at The Beltz Law Group can provide invaluable guidance, confirm your eligibility, handle the intricate paperwork, and navigate the court system on your behalf, significantly increasing your chances of a successful outcome.
