Eligibility for an Expunction of an a Arrest in Texas

I get lots of calls about to how to get a Texas arrest expunged from your record.  Here is an overview of the process on how to get a Texas arrest expunged from your record

Can I get my record expunged for an arrest that occurred years ago?

If you have been charged with a crime in Texas, it may not necessarily appear on your permanent record forever. Basically, under certain circumstances, you could ultimately have your record expunged, which means that all records of your arrest and your conviction, if there was one, would be erased and even the physical files attached to your case would be physically destroyed.

Who is eligible to have their record expunged?

A. If you have been arrested for an offense and were acquitted (found not guilty) by a jury or judge you may be eligible to have the records expunged.

B. If you were arrested and a case against you was never filed in court or was filed and later dismissed, you may be eligible to expunge the record after the statute of limitations period has run

  • For misdemeanors, the period is two years.
  • For felony offenses, the statute of limitations varies with the offense.

C. If you were placed on deferred adjudications for a Class C offense and successfully completed the deferred probation, you may be expunction eligible after the two year limitations period has expired.

D. Deferred adjudication probation for offenses Class B or higher will NOT result in expunction eligibility.

E. Finally, certain alcohol offenses committed by minors are expunction eligible at age twenty one under separate law.