If you are seeking a Texas expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Texas Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
Under Texas Code, a person is eligible for an expungement if acquitted or convicted and pardoned or meet the following conditions:
- an indictment or information charging the person with commission of a felony has not been presented or has been dismissed or quashed; and the statutory limitations period has expired; or the indictment or information was dismissed or quashed for lack of probable cause; and
- the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision; and the person has not been convicted of a felony in the five years preceding the date of the arrest.
A person can get expungement for a criminal conviction reversed on appeal. Persons whose identifying information was falsely used without consent by an arrested person may seek expungement of such information. Expungement isn't available if charges arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.
As permitted by Texas Code, a juvenile who has completed a deferred sentence may seek expungement.
Under Texas Code, the dismissal of a misdemeanor charge on commitment of a chemically dependent person, records relating to a complaint dismissed under this article may be expunged.
If the court finds that the person was not convicted of any other offense described by Section 8.07(a)(4) or (5), Penal Code, while the person was a child, the court shall order the conviction, together with all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged when turn 17.
Also, under Texas Alcohol and Beverage Code, a first-offender of underage drinking violation may have records expunged. Must not have any other violations under the Alcohol and Beverage Code while a minor to be eligible and submit a sworn statement to that effect to the court.
Additional restrictions on who can qualify for an expungement
At the request of the defendant and after notice to the state and a hearing, the trial court presiding over the case in which the defendant was acquitted shall enter an order of expunction for a person entitled to expunction under Article 55.01(a)(1)(A) not later than the 30th day after the date of the acquittal. Upon acquittal, the court shall advise the defendant of the right to expunction. The defendant shall provide to the court all of the information required in a petition for expunction under Section 2(b).
Does the law provide for sealing? What are the requirements?
Family Code Section 58.003 provides for the sealing of juvenile records. An individual with juvenile records available for sealing may file an application for sealing of records in a juvenile court of the county in which the proceeding occurred. Juvenile records ordered sealed by the court are removed from the criminal history database. Individuals attempting to seal juvenile records should seek the advice of a licensed attorney to determine if they are eligible for an order sealing records.
What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)
Upon the petition of a criminal defendant, a court can direct certain law enforcement agencies to destroy all records associated with an arrest and subsequent prosecution. Many times the court will specifically direct law enforcement agencies to destroy jail records, police reports, prosecution reports and court files. In addition, a successful expungement petitioner, can legally deny ever having been arrested for or charged with the criminal offense for which he is receiving the expunction
Except in cases where identifying information is expunged due to false identity information provided without consent, the court may return records to the petitioner. When return isn't practical, records are to be obliterated or deleted. Records may be retained by a law enforcement agency or prosecutor if necessary for use in another case.
Tex. Code allows a person to seek expungement of all files and records related to their arrest. Under Tex. , after an order to expunge is granted, the trial court shall require any state agency that sent information concerning the arrest to a central federal depository to request such depository to return all records and files subject to the order of expunction.
Are you eligible for a Texas Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Texas soon.