Expunction Lawyer
As a leading voice in North Texas criminal defense, the Beltz Law Group is committed to helping you navigate the complexities of the legal system. One of the most significant changes for 2026 is the total restructuring of Texas expunction law under Article 55A of the Texas Code of Criminal Procedure, which took full effect last year.
If you were arrested for a Class C misdemeanor—the lowest level of criminal offense in Texas—you may be eligible to have that arrest completely erased from your record. However, timing is everything. Below is a guide to the current timelines and rules you need to know.
The 180-Day Rule: A Mandatory Minimum
Under Article 55A.052, if you were arrested for a Class C misdemeanor and formal charges (an indictment or information) were never filed, you must wait a specific period before you can petition the court for an expunction.
- The Timeline: You must wait at least 180 days from the date of your arrest.
- The Condition: This waiting period applies as long as there was no felony charge arising from the same incident.
- The Start Date: The clock starts on the day you were arrested, not the day a case was dismissed or a court date occurred.
Can You Bypass the Wait?
Yes. The law provides an exception if the attorney representing the state (the prosecutor) certifies that your arrest records are no longer needed for any investigation or prosecution. With this certification, we can file your petition immediately, potentially saving you months of waiting.
No Expiration Date on Your Rights
Expunction Attorney
While there is a mandatory minimum wait, there is no maximum deadline. According to Article 55A.052(b), you are entitled to an expunction regardless of whether the statute of limitations has expired. Whether your arrest happened six months ago or six years ago, as long as you meet the eligibility criteria, the door to a clean slate remains open.
After You File: What to Expect
Once the Beltz Law Group files your petition, the process moves into the court’s hands.
- The 30-Day Hearing Rule: By law (Art. 55A.254), the court cannot hold a hearing on your petition until at least 30 days after it has been filed. This gives various state agencies time to be notified and prepare.
- Notification: The court must notify every agency listed in your petition (police departments, DPS, etc.) via certified mail or secure electronic transmission.
- Venue Flexibility: For fine-only offenses, we often have the option to file in a justice court or a municipal court of record in the county where you were arrested. This can often lead to faster processing times compared to the busy dockets of district courts.
Why Accuracy Matters
Beltz Law Group – Criminal Defense
The new Article 55A framework requires high precision. Your petition must be verified and include:
- Precise arrest details and the Department of Public Safety tracking incident number (TRN).
- A comprehensive list of every agency that may hold your records.
- Identification of private entities that sell criminal history data.
Note: Missing even one agency can result in your record lingering in a database somewhere, visible to employers or landlords.
Taking the Next Step
At Beltz Law Group, we understand that even a “minor” Class C misdemeanor can cast a long shadow over your career and reputation. With the 2025 reforms now in full swing, there has never been a better time to clear your name.
