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Trey Porter Law

TEXAS EXPUNCTION LAWYERS

Protecting Rights and Records Across Texas.

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Trey Porter Law is a team of Texas expungement lawyers who handle expunction cases statewide to clear criminal records. Expungement, also called expunction, is the legal process of permanently deleting eligible criminal records from public view, including arrest records and court records.

Texas expunction is governed by Chapter 55A of the Texas Code of Criminal Procedure. When a court grants an expunction, law enforcement agencies, courts, and the Texas Department of Public Safety are ordered to delete criminal history record information used for background checks.

When expunction is not available, record sealing through an order of nondisclosure under Texas Government Code Chapter 411 may apply depending on the charge, case outcome, and statutory waiting period.

Call us today at 855-336-5366 or submit our contact form for a free attorney-reviewed expunction eligibility check.

Reviewed by attorney Trey Porter of Trey Porter Law

Reviewed by Trey Porter
Texas Expungement and Nondisclosure Attorney

Trey Porter clears criminal records across Texas. He has 15 years of experience handling expunction and nondisclosure cases from eligibility review through petition filing and final court orders. He’s a member of the National Association of Criminal Defense Lawyers and the Texas Criminal Defense Lawyers Association.

This page was reviewed for legal accuracy under Chapter 55A of the Texas Code of Criminal Procedure and Chapter 411 of the Texas Government Code in February 2026.

Table of Contents:
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INTRODUCTION TO TEXAS EXPUNGEMENT LAWS

Texas law provides two primary legal remedies for clearing or sealing criminal records: expunction and nondisclosure.

  • Expunction (Criminal Record Expungement): Governed by Texas Code of Criminal Procedure Chapter 55A, this process permanently deletes eligible arrest and case records from public access. When an expunction is granted, the arrest, charge, and case information are removed from court files, law enforcement databases, and background check systems across Texas courts.
  • Order of Nondisclosure (Record Sealing): Established under Texas Government Code Chapter 411, Subchapter E-1, this statute allows eligible individuals to seal criminal records from public view while maintaining limited access for law enforcement and state licensing authorities.

Texas expungement and orders of nondisclosure are the two main ways to clear or limit access to criminal records in Texas. Expungement deletes eligible arrest and case records. Nondisclosure seals records from most public background checks. Eligibility depends on the charge, case outcome, criminal history, and the statutory waiting period.

HOW TO GET A CRIMINAL RECORD EXPUNGED IN TEXAS

To get a criminal record expunged in Texas, a petition for expunction must be filed in the proper Texas district court under Chapter 55A of the Texas Code of Criminal Procedure. The filing must meet strict eligibility and notice requirements to remove qualifying arrests and charges from all Texas criminal record systems.

WHAT IS THE TEXAS EXPUNGEMENT PROCESS?

The process for expunging criminal records in Texas takes time and must be executed with absolute precision.

Steps to get an expunction in Texas:

  1. Verify eligibility: Confirm the case qualifies under Texas expungement law (dismissal, not-guilty verdict, arrest without charges, or eligible juvenile/Class C misdemeanor).
  2. Prepare the petition for expunction: Identify and list every law enforcement agency, court, and Texas Department of Public Safety (DPS) record connected to the arrest.
  3. File in the correct Texas district court: File the petition in the county of arrest or prosecution, as required by Chapter 55A of the Texas Code of Criminal Procedure.
  4. Serve notice on all agencies: Deliver notice to the local prosecutor, DPS, and every city, county, or state agency maintaining related records.
  5. Attend the expunction hearing: The judge reviews the petition, verifies eligibility, and considers arguments or objections from prosecutors and DPS attorneys.
  6. Obtain the signed Order of Expunction: Once granted, the court issues an Order of Expunction directing all agencies to delete and destroy every record connected to the arrest or charge.

Trey Porter Law focuses on record clearing statewide, not general practice. Expunction and nondisclosure cases are technical, and mistakes can cause delays or denials. Our attorneys handle these cases in Texas courts from eligibility review to petition filing, notice to agencies, and final court orders, with the goal of getting records cleared the right way.

Trey Porter Law has earned 700+ five star client reviews from Texans who trusted the firm to clear their records.

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WHO QUALIFIES FOR EXPUNCTION IN TEXAS?

Eligibility for expunction in Texas depends on the outcome of the criminal case and the type of criminal offense involved. For a complete breakdown of offenses and eligibility, see what crimes can be expunged in Texas. Common scenarios include:

  • Dismissed or Dropped Charges: Cases dismissed, charges dropped, or arrests where no case was filed and the statute of limitations expired.
  • Not Guilty or Acquitted: A person found not guilty or subsequently acquitted of a misdemeanor or felony offense.
  • No-Bill by a Grand Jury: When a grand jury declines indictment, the arrested person may qualify for expunction.
  • Class C Deferred Disposition: Successful completion of deferred disposition on fine-only offenses such as Public Intoxication or Texas underage drinking crimes like Minor in Possession or Minor in Consumption.
  • Pretrial Intervention or Diversion Programs: Completion of a pretrial intervention program authorized under Section 76.011 of the Texas Government Code, mental health court program, or veterans treatment court program.
  • Certain Juvenile Offenses: Select juvenile conduct may qualify under separate provisions of Texas expungement law.
  • Actual Innocence: A person determined to be actually innocent of a criminal offense.

A final conviction or placement on court-ordered community supervision (probation) generally disqualifies a person from expunction, though deferred adjudication may allow eligibility for a nondisclosure order instead. Both custodial and noncustodial arrests may be eligible depending on the case outcome and statutory criteria.

CAN I EXPUNGE A DISMISSED CASE IN TEXAS?

Yes. Dismissed cases in Texas are often eligible for criminal record expungement under Chapter 55A of the Texas Code of Criminal Procedure.

Eligibility depends on the reason for dismissal and any required waiting period. Cases dismissed for lack of probable cause, clerical error, or after completing a pretrial diversion program typically qualify if no conviction or community supervision occurred.

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HOW LONG DO YOU HAVE TO WAIT TO EXPUNGE A CRIMINAL RECORD IN TEXAS?

You must generally wait 6 months to 3 years to expunge a criminal record in Texas, depending on the charge and how the case was resolved. Texas law under Chapter 55A of the Code of Criminal Procedure imposes mandatory waiting periods that typically begin on the date of arrest.

Standard waiting periods for expunction in Texas:

  • Class C Misdemeanor: 180 days from arrest
  • Class A or B Misdemeanor: 1 year from arrest
  • Felony: 3 years from arrest

If charges were filed, expunction is usually available only after the statute of limitations expires on all offenses from that arrest, unless a pretrial diversion program was successfully completed. Additional factors, such as related charges or a higher-level offense from the same incident, can extend the timeline.

CAN I GET A FELONY EXPUNGED IN TEXAS?

Yes. Felony charges can be expunged in Texas if specific legal conditions are met. A felony case may qualify for expunction when it was dismissed, no-billed by a grand jury, or resulted in a not-guilty verdict. Arrests that never led to formal charges can also be expunged once the statute of limitations has expired.

However, expunction is not available if a person remains subject to prosecution for another offense from the same criminal episode. Because felony expunctions involve strict timelines and procedural rules, every petition must be built on precise court records and case history.

CAN I EXPUNGE A MISDEMEANOR IN TEXAS?

Yes. Misdemeanor offenses in Texas can qualify for expunction depending on how the case was resolved.

  • Class A and Class B misdemeanors like DWI, theft, and assault may be expunged if the case was dismissed, never filed before the statute of limitations expired, or resulted in a not-guilty verdict. 
  • Class C misdemeanors may be expunged in the same scenarios — dismissal, no charges filed, or acquittal — and also after successful completion of deferred disposition.

Class A and Class B misdemeanors dismissed after successful completion of deferred adjudication cannot be expunged, but may be eligible for record sealing through a nondisclosure order.

Why wait_ Get your eligibility status now.

HOW LONG DOES THE TEXAS EXPUNCTION PROCESS TAKE?

Most Texas expunction cases take 30 to 90 days from filing to final court order, though timelines vary by county and court docket. Cases can move faster or slower depending on agency response times and whether the district attorney, county attorney, or Texas Department of Public Safety (DPS) files objections.

Delays often occur when petitions are incomplete, notice is defective, or orders are processed slowly by law enforcement agencies. Trey Porter Law prepares every expunction petition with precision and urgency — minimizing delays and securing results as quickly as Texas law allows.

WHAT HAPPENS AFTER MY RECORD IS EXPUNGED?

Once a criminal record is expunged in Texas, the court issues an Order of Expunction directing all law enforcement and government agencies to delete and destroy every record related to the arrest, charge, and prosecution.

After an expunction in Texas:

  • All public records are erased — Courts, police, and DPS delete case data from state and local databases.
  • Private background check companies must remove the record from their systems.
  • Criminal history record information is permanently deleted from public access.
  • Individuals can legally deny the arrest or charge ever occurred on job, housing, and licensing applications.

Expunction can restore access to professional opportunities limited by a criminal record. For career-specific guidance, read Can You Be a Nurse with a Record in Texas? We also cover how criminal records affect background checks for financial professionals and real estate professionals in Texas.

Unlock your potential. Delete your record.

CAN EMPLOYERS SEE EXPUNGED RECORDS IN TEXAS?

No. Employers cannot see expunged records in Texas. Once an Order of Expunction is granted, all law enforcement and background check companies are legally required to delete and destroy the record. 

You may legally deny the arrest or charge ever occurred on job, housing, and licensing applications. Expungement in Texas permanently clears your record and protects your future.

HOW MUCH DOES IT COST TO GET AN EXPUNCTION IN TEXAS?

A Texas expungement typically costs $3,000 to $5,000, depending on the county, the type of criminal charge, and the number of law enforcement agencies involved. Common expenses include court filing fees, certified mailing costs, and certified copies of the final Order of Expunction.

While online expunction services may advertise lower prices, Texas expunction petitions are technical legal filings that must meet strict requirements under Chapter 55A of the Texas Code of Criminal Procedure. Mistakes can cause major delays or denials — nothing is more expensive than a botched expunction.

Trey Porter Law provides flat-rate expunction representation with no hidden fees, no add-ons, and no surprises — ensuring every petition for expunction is filed correctly and criminal records are cleared the right way, the first time.

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WHO IS THE BEST LAWYER FOR EXPUNCTION NEAR ME?

The best expunction lawyer near you is the one who regularly handles expunction cases under Texas Code of Criminal Procedure Chapter 55A, knows your county’s filing and notice rules, and proves eligibility with the right court records the first time.

When expunction isn’t available, the best lawyers can quickly tell you whether a nondisclosure under Texas Government Code Chapter 411 is an option and what waiting period applies. Expunction is technical, and mistakes can cause delays, denials, or incomplete record deletion.

Trey Porter Law is a team of Texas expunction lawyers handling expunction cases statewide. A strong expunction lawyer does more than file paperwork. They confirm eligibility, identify every agency that may hold arrest records, serve proper notice, and secure an enforceable Order of Expunction that results in deletion.

Firm founder and lead attorney Trey Porter drives the firm’s expunction strategy. He holds a 10.0 Avvo rating and has earned hundreds of 5-star reviews from satisfied clients across Texas.

Ready to clear your record? Contact Trey Porter Law for a free, confidential consultation. 

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Trey Porter Law clears criminal records and defends Texans statewide against DWI and Public Intoxication charges, while handling select criminal charges on a case by case basis.

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Client Reviews

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J. Franklin

Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

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J. Wims

Trey Porter was such a blessing to my life. Without all of his hard work and honest care and concern my life would not be headed in the direction it is now. He worked so hard to make sure I was seen for who I really am as a person and not for my mistake. I will forever be grateful and highly highly highly recommend Trey if anyone else ever gets into anything like I did. Thank you so much Mr. Porter!!!

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T. Ingram

Great, easy to talk to, professional, and knowledgeable lawyer. Trey Porter and his staff was easy to work with, answered all my questions and explained the process to me (actually more than twice). Lucky to have him and pleased with his hard work. Was super happy with the outcome we were given.

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