If you’re trying to understand how to get an expunction in Texas, you’re already on the right path. Many Texans look for ways to clear their criminal records so they can move forward with better job opportunities, professional licenses, housing options, and overall peace of mind.
Texas does allow certain records to be completely removed, but the process can be technical and very time-sensitive, especially if you’re filing on your own. Working with an experienced expunction lawyer in Texas can make the process much easier.
This guide explains what qualifies for an expunction, how the process works, and what you can expect from start to finish.
What Is an Expunction?
An expunction (also called an “expungement”) is a legal process that permanently removes certain criminal records from your history. Once a record is expunged:
- It is erased from your public criminal record
- Background checks will not show the arrest
- You can legally deny the incident ever occurred (in most situations)
For many people, expunctions are the most effective way to clear a criminal record in Dallas and other major cities in Texas, and move on with a clean slate.
Who Qualifies for an Expunction in Texas?
Eligibility is one of the most important parts of the process. Under Texas law, you may qualify for an expunction if:
- You were arrested but never charged
- Your case was dismissed
- You were acquitted at trial
- You completed a pretrial diversion program
- Your charges were based on identity theft
- You were convicted of a Class C misdemeanor and completed deferred disposition
If you’re unsure whether you qualify, an experienced expunction lawyer in Texas can review your case and confirm your eligibility.
Step 1: Gather Your Records and Case Information
The first step in the expunction process is collecting all of the essential documents related to your arrest and case. This typically includes your Texas arrest records, the case number, court documents, and any paperwork showing whether the case was dismissed, never filed, or resolved through a program like pretrial diversion. Having accurate information up front helps prevent delays and ensures that your petition is based on the correct details.
Because these documents may come from several different agencies, many people choose to have an attorney help track them down. Starting with complete and accurate records makes the rest of the expunction process much smoother.
Step 2: Have an Expunction Lawyer File Your Petition With the Court
Once your records are gathered, the next step is preparing and filing the official Petition for Expunction. This petition must be filed in the district court for the county where your arrest occurred, and it must include specific information required by Texas law. Any missing or incorrect details can delay the process or even result in the petition being denied.
Working with an expunction lawyer ensures that the petition is drafted correctly, filed in the right county, and delivered to every agency involved in your case. An experienced attorney can also identify potential issues before filing and ensure everything is done on time.
Step 3: Attend (or Have Your Attorney Attend) the Court Hearing
After the petition is filed, the court will schedule a hearing. In many cases, your attorney can appear on your behalf, especially if the prosecutor does not object to the expunction. If objections are raised, your lawyer can present evidence, explain why you qualify, and address any concerns the judge may have.
Having an attorney present during the hearing greatly increases the chances of a smooth approval. Their job is to advocate for you, answer legal questions, and ensure the court has everything it needs to grant the expunction.
Step 4: Finalize the Order and Ensure All Agencies Clear Your Record
If the judge approves the expunction, the court will issue an order requiring every agency that holds your records to delete or destroy them. This includes local police departments, county clerks, the Texas Department of Public Safety, and private background check companies. Each agency must follow the court’s instructions, but the process can take several weeks to complete.
An attorney can help monitor this final stage to make sure all agencies comply with the order. Once the process is complete, your record will no longer appear on background checks, giving you a clean slate and the opportunity to move forward without the weight of a past arrest.
Ready to Clear Your Record? We’re Here to Help
Getting an expunction in Texas can feel overwhelming, but you don’t have to handle the process alone. A qualified attorney can guide you through each step and make sure your record is fully cleared. If you’re ready to take the next step, Elmazi Law is here to help.