Can I expunge a case I was never charged with?

Yes. If you were arrested, but never formally charged, your criminal record may be eligible for expungement in Texas once the statute of limitations has passed. Early expungement is possible in some cases.

Can I expunge a conviction in Texas?

Generally, no. Convictions are not eligible for expunction unless they were later overturned. However, record sealing in Texas through an order of nondisclosure may still be available. Nondisclosure eligibility is determined by the outcome of the case and personal criminal history.

How long does an expungement stay on your record in Texas?

Expungement is permanent. Once granted, the record is deleted from public and private databases. It does not expire or require renewal. Expungement is the most complete form of record-clearing relief under Texas law.

Texas Expungement Lawyers | Clear Your Criminal Record

Q: Can I expunge a dismissed case in Texas?

Yes. Dismissed charges are often eligible for criminal record expungement, depending on the reason for dismissal and any required waiting period. A Texas expunction lawyer can help ensure the process is handled correctly and efficiently. Trey Porter Law provides a free expunction eligibility check.

Q: Can employers see expunged records in Texas?

No. Once your record is expunged, employers and background check companies are legally prohibited from accessing it. You can legally deny the arrest ever occurred. Expungement in Texas clears your record and protects your future.

TEXAS EXPUNCTION LAWYERS

Trey Porter Law is a Texas criminal defense firm dedicated to clearing records through expunctions and nondisclosures. The firm has a 100% expungement success rate in Texas courts.

Trey Porter Law represents individuals statewide seeking expungement — the legal process of permanently deleting criminal records from public view. Whether it’s a dismissed charge, wrongful arrest, or a case that never should have been filed, the firm helps clients restore clean records and peace of mind.

With over 40 years of combined courtroom experience, the firm delivers results-driven representation, from determining eligibility to securing final court orders that allow clients to move forward confidently.

Trey Porter Law has successfully expunged felony and misdemeanor records in San Antonio, Austin, Dallas, Houston, Midland, and courthouses across Texas. The firm also handles nondisclosure petitions in select cases statewide.

Led by Trey Porter, a Top 100 Criminal Defense Trial Lawyer and Texas Super Lawyers honoree, the firm has earned 700+ five-star reviews for its success in Texas courts. Trusted statewide, Trey Porter Law is the firm Texans turn to for record clearing and post-adjudication relief.

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 Article 55.01, this process permanently deletes or erases 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. Nondisclosure is often available after successful deferred adjudication or completion of specific waiting periods.

Both Texas expungement and nondisclosure laws — collectively known as Texas record-clearing laws — restore privacy, employment eligibility, and opportunity. Eligibility depends on the type of charge, case outcome, and statutory waiting period. Trey Porter Law applies deep experience in criminal record expungement and nondisclosure law to determine eligibility, file petitions, and secure final court orders that clear criminal records statewide.

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 55 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:

Verify eligibility — Confirm the case qualifies under Texas expungement law (dismissal, not-guilty verdict, arrest without charges, or eligible juvenile/Class C misdemeanor).
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.
File in the correct Texas district court — File the petition in the county of arrest or prosecution, as required by Chapter 55 of the Texas Code of Criminal Procedure.
Serve notice on all agencies — Deliver notice to the local prosecutor, DPS, and every city, county, or state agency maintaining related records.
Attend the expunction hearing — The judge reviews the petition, verifies eligibility, and considers arguments or objections from prosecutors and DPS attorneys.
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.

The Texas expungement process is technical, time-sensitive, and unforgiving of errors — a single mistake can delay or derail relief entirely. Trey Porter Law manages every stage of the process, from eligibility review to final court order, ensuring expunction petitions are filed correctly and records are cleared the right way the first time.

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 55 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.

The Texas expungement process is technical and time-sensitive. Trey Porter Law conducts a free expunction eligibility review and ensures petitions are filed correctly in the proper Texas district court for full record deletion.

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 55 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.

Trey Porter Law determines expunction eligibility and files petitions at the earliest opportunity allowed under Texas law, ensuring criminal records are cleared as soon as possible.

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.

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 restores access to professional opportunities often limited by a criminal record — including careers in nursing and real estate, where Texas licensing eligibility can be affected by past criminal charges.

Research from Princeton and the National Employment Law Project shows a criminal record cuts employer callbacks by 50%, creating lasting job barriers.

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 55 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.

WHO IS THE BEST LAWYER FOR EXPUNCTION NEAR ME?

There’s no official ranking for the best expunction lawyer in Texas, but experience and results make the difference. Expunction law is highly technical, and choosing the right Texas expungement attorney can determine whether a record is cleared or remains visible.

Trey Porter is a Texas expungement lawyer recognized among the Top 100 Criminal Defense Trial Lawyers and rated 10.0 Superb on Avvo for litigation skill, client satisfaction, and results.

Trey Porter Law successfully seals, expunges, and erases criminal records across Texas. Backed by 40+ years of combined courtroom experience and hundreds of five-star reviews on Google, Yelp, and Avvo, the firm is trusted statewide for speed, precision, and proven success in Texas expunction cases.

For more answers to common questions about eligibility, timelines, and Texas record-clearing law, visit the Texas Expungement FAQ Hub.

WHERE CAN YOU GET A RECORD EXPUNGED IN TEXAS?

Trey Porter Law represents clients statewide in expunction and record-clearing matters. From major metropolitan justice centers to small-town Texas courthouses, the firm handles criminal record expungements from District, County, Justice, and Municipal Court cases across all 254 Texas counties.

Central Texas

Trey Porter Law handles expunction cases across Central Texas, representing clients in Austin, Georgetown, Round Rock, San Marcos, and New Braunfels. The firm files and secures criminal record expungements in District and County Courts throughout the region, helping people clear dismissed charges and restore clean records.

Austin Expunction Lawyer

South Texas & Rio Grande Valley

Trey Porter Law represents clients in expunction cases across South Texas and the Rio Grande Valley, from San Antonio to Brownsville. The firm files and obtains criminal record expungements in District and County Courts throughout the region, helping people clear arrests and dismissed charges in Bexar, Cameron, Hidalgo, and surrounding counties.

San Antonio Expunction Lawyer

North Texas & Dallas–Fort Worth Metroplex

Trey Porter Law represents clients in expunction cases throughout North Texas and the Dallas–Fort Worth Metroplex, including Dallas, Fort Worth, Frisco, Plano, and Denton. The firm secures criminal record expungements in District and County Courts across the Metroplex, helping people clear dismissed or unfiled charges and restore clean records.

Dallas Expunction Lawyer

Southeast Texas & Greater Houston Area

Trey Porter Law represents clients in expunction cases throughout Southeast Texas and the Greater Houston Area, including Houston, Beaumont, Galveston, and College Station. The firm files and obtains criminal record expungements in District and County Courts across the Gulf region, helping people permanently delete arrests and dismissed charges under Texas expungement law.

Houston Expunction Lawyer

West Texas & Panhandle

Trey Porter Law represents clients in expunction cases across West Texas and the Panhandle, including Midland, Odessa, Lubbock, and Amarillo. The firm secures criminal record expungements in District and County Courts throughout the region, helping people clear dismissed charges and permanently delete arrest records under Texas expungement law.

Midland Expunction Lawyer

REVIEWED BY TREY PORTER

Trey Porter is a Texas criminal defense attorney with more than a decade of courtroom experience defending DWI, Public Intoxication, and select criminal charges across Texas. His practice is dedicated to protecting lives, careers, and futures — securing dismissals, preserving driver’s licenses, and clearing criminal records through expungement.

Mr. Porter holds a perfect 10.0 Avvo rating and 5.0 Google rating, earned from more than 700 five-star client reviews, and is ranked among the Top 100 DWI Trial Lawyers in the nation by the National Trial Lawyers Association.

A member of the Texas Criminal Defense Lawyers Association and the National College for DUI Defense, he is recognized for his courtroom advocacy and record of results. His legal insights have been featured in Forbes, Entrepreneur, and USA Today, reflecting his standing as a trusted authority in Texas criminal defense.