What Crimes Can be Expunged in Texas?

WHAT CRIMES CAN BE EXPUNGED IN TEXAS?

Criminal arrests, misdemeanors, felonies, intoxication offenses, drug cases, and white collar crimes can be expunged in Texas. There are hundreds of criminal offenses in Texas law and even petty charges can result in a devastating permanent record.

Expungement is a powerful legal tool that deletes all records of a criminal case in Texas. It allows a person to move forward and deny the charge ever happened – an enormous advantage for students, young professionals, and anyone looking to move beyond their past!

Those wishing to delete their criminal record in Texas should carefully note the following eligibility requirements as not everyone qualifies for expungement.

WHO QUALIFIES FOR EXPUNGEMENT IN TEXAS?

In most cases, individuals with criminal charges dismissed without probation qualify for expungement in Texas. 

Additionally, those who resolve their cases by Deferred Disposition, pretrial diversion, or certain specialty court programs (like Veterans Treatment Court) also qualify to expunge their charges.

Expunction eligibility is ultimately complex and fact specific. As a result, the experienced Texas expungement lawyers at Trey Porter Law conduct a comprehensive legal analysis to identify critical expunction eligibility factors.

TOP EXPUNGEMENT ELIGIBILITY FACTORS IN TEXAS

The Texas expungement law is found in chapter 55 of the Code of Criminal Procedure. Texas courts have repeatedly analyzed this long and complex law, granting expunctions in many different scenarios. Here are top factors allowing for expungement of criminal charges in Texas:

1. The charge is dismissed without probation.
2. The defendant is acquitted (found “not guilty”) at trial.
3. The charge is dismissed by Deferred Disposition.
4. The charge is dismissed after pretrial diversion or specialty court program (such as a Veterans Treatment Court).
5. The arrest did not result in charges and the Statute of Limitations has expired.
6. The defendant is convicted, but later pardoned by the Governor.
7. The defendant is convicted by trial court, but later acquitted on appeal.

Texans should expunge qualifying criminal charges as soon as possible to avoid the problematic consequences of a criminal record in Texas.

WHAT QUALIFIES FOR EXPUNGEMENT IN TEXAS?

Most criminal charges qualify for expungement if they are dismissed without probation and do not result in a final conviction. If they meet this criteria, the following crimes can be expunged in Texas:

1. Driving While Intoxicated (DWI)
2. DUI Minor under 21
3. Driving While Intoxicated – Third Offense (DWI-3rd)
4. Public Intoxication
5. Open Container
6. Assault
7. Possession of a Controlled Substance
8. Terroristic Threat
9. Possession of Marijuana
10. Possession of Drug Paraphernalia 
11. Theft
12. Unlawful Carrying of a Weapon (Firearm)
13. Resisting Arrest
14. Evading Arrest
15. Racing on Highway
16. Reckless Driving
17. Aggravated Assault with a Deadly Weapon
18. Credit Card Abuse
19. Arson
20. Robbery
21. Burglary
22. Money Laundering
23. Tampering with Witness
24. Tampering with Evidence
25. Stalking
26. Firearm Smuggling
27. Intoxication Assault
28. Securities Fraud
29. Criminal Trespass
30. Perjury
31. Failure to Identify
32. Gambling
33. Misrepresentation of Age by a Minor
34. Criminal Conspiracy
35. Deadly Conduct
36. Criminal Mischief
37. Graffiti
38. Burglary of Vehicles
39. Insurance Fraud 
40. Health Care Fraud
41. False Alarm or Report
42. Tampering with Governmental Record

These are only a few examples of numerous Texas crimes that qualify for expungement. Those with additional Expunction eligibility questions should consult an experienced Texas criminal defense attorney for further insight.

• Can a DWI be expunged in Texas? Yes, DWI charges can be expunged in Texas if they are dismissed with no probation. DWI charges are also expungement eligible if they are dismissed by pretrial diversion, specialty court program, or if the Defendant is acquitted at trial.

• Can a felony drug charge be expunged in Texas? Yes, felony drug charges can be expunged in Texas if they are dismissed without probation. They are also expungement eligible if they are resolved by pretrial diversion or specialty court program or if the Defendant is acquitted at trial.

WHAT CASES CANNOT BE EXPUNGED IN TEXAS?

Probation cases and charges resulting in a conviction cannot be expunged in Texas. Additionally, certain serious offenses with no Statute of Limitations, are also ineligible for expungement depending on the circumstances they were dismissed. These offenses can rarely be expunged in Texas, even if the charges were dismissed: 

1. Murder
2. Manslaughter
3. Sexual Assault of a Child
4. Aggravated Sexual Assault of a Child
5. Continuous Sexual Abuse of Young Child or Disabled Individual
6. Indecency with a Child
7. An offense involving leaving the scene of a collision if resulting in the death of a person
8. Trafficking of Persons
9. Continuous Trafficking of Persons
10. Compelling Prostitution

• What is the Statute of Limitations on expungement in Texas? The Statute of Limitations on expungement in Texas is related to the specific criminal charge. Misdemeanor crimes typically range 1-2 years, while felony limitations periods are often 3 years or more. Most expungements require expiration of the Statute of Limitations before the Expunction can proceed.

• Can you expunge a misdemeanor if you plead guilty in Texas? No, misdemeanor convictions are ineligible for Expunction in Texas. This is why Texas Defendants should do everything possible to avoid the devastating consequences of a criminal conviction.

WHAT ARE THE REQUIREMENTS FOR EXPUNGEMENT IN TEXAS?

As a primary requirement, a case must first be eligible for expungement, which usually entails those cases that were dismissed without probation or that were resolved by Deferred Disposition or pretrial diversion program. 

An individual must then file a notarized Petition for Expunction in the proper court that complies with Chapter 55 of the Texas Code of Criminal Procedure.

• Can you expunge a dismissed case in Texas? Yes, charges that are dismissed with no probation or deferred adjudication are eligible for expungement once the Statute of Limitations has expired. Charges that are resolved by pretrial diversion are immediately eligible for expungement.

• How long after a felony can you get it expunged in Texas? A person can immediately expunge a felony following an acquittal or pretrial diversion. Felonies dismissed without probation require a 3-year waiting period and some cases also require expiration of the Statute of Limitations for the offense.

HOW LONG DOES A CRIMINAL RECORD LAST IN TEXAS?

Criminal records are permanent in Texas – they never go away or disappear automatically! This is a frequent misconception. 

The only way to clear a criminal record in Texas is by pursuing an Expunction.

• Does your criminal record clear after 7 in Texas? No. Criminal records do not automatically clear after 7 years in Texas. Even dismissed charges remain on criminal records permanently unless they are expunged. The only way to clear a criminal record in Texas is by expungement.

• What is the 7 year felony rule in Texas? Felonies do not go away after 7 years in Texas. Felonies stay permanently on records for background checks in Texas. Even a dismissed felony with no grand jury indictment will appear permanently on a background check unless it is dismissed. The only way to remove a felony from a background check in Texas is by expungement.

WHAT IS THE DIFFERENCE BETWEEN SEALED AND EXPUNGED IN TEXAS?

An expunged charge is deleted from a person’s record and will not appear on any agency’s criminal background check if properly expunged. 

A record sealed by nondisclosure order will not appear on a public background check conducted by a private agency but is still visible to law enforcement and certain state agencies.

WHAT ARE THE BENEFITS OF EXPUNGEMENT IN TEXAS?

Expungement is an invaluable legal process that deletes all records of expunged criminal offenses in Texas. 

A person can even deny the existence of the expunged charge. This is a powerful employment advantage for young Texans, students, and professionals seeking to advance their careers in a variety of fields including insurance, nursing, finance, and education. 

Expungement can also assist litigants in a number of contexts like family law, child custody, and adoption.

• Will my expunged record show up on a background check in Texas? No, a properly expunged record will not show up on a criminal background check in Texas. However, an improper expungement may result in cases that continue to appear on criminal records.It is critical to retain an experienced and knowledgeable Texas expungement attorney when seeking to clear a record in Texas.

• Do you have to disclose expunged records in Texas? No, a person does not have to disclose expunged records, including on job applications or residential leases in Texas. A person can legally deny an expunged case ever happened.This is a huge advantage to any individual and a reason why expunction should be sought as soon as the case is eligible.

DO ARRESTS SHOW UP ON BACKGROUND CHECKS IN TEXAS?

Yes, arrests appear on criminal records in Texas even when they result in dismissed charges. The only way to remove an eligible arrest from a criminal record in Texas is by expungement.

• How long does a DWI stay on your background check in Texas? DWI cases stay permanently on Texas background checks even when they are dismissed. They do not go away automatically or fall off criminal records after 7 years in Texas. The only way to remove an eligible DWI from a background check in Texas is by expunging the offense.

• How long does a misdemeanor stay on your record in Texas? Permanently, even when dismissed. Misdemeanor records (including common class C misdemeanor offenses) do not ever automatically disappear from a person’s criminal record. The only way to delete an eligible misdemeanor record is by expungement in Texas.

BEST LAWYERS FOR EXPUNGEMENT IN TEXAS

Trey Porter Law is a top-rated Texas law firm with 40+ years of combined experience successfully expunging criminal charges across the Lone Star state. The award-winning Criminal Defense attorneys at TPL understand that criminal records can negatively impact background checks, security clearances, and school admissions. TPL leverages their decades of combined experience, professional relationships, and dynamic, high-powered advocacy to get the best result for every client, every time.