Who Qualifies for Expunction in Texas?
Clearing Your Record in Paris, Lamar County, and Northeast Texas
Having an arrest or old case on your record can follow you for years. Background checks for jobs, housing, professional licenses—even coaching your kid’s team—often pull up records long after a case is over.
In Texas, an expunction (also called an expungement) is the legal process that can erase certain criminal records as if they never happened. But eligibility is technical and very specific. Texas courts treat expunctions as a statutory privilege, not an automatic right, and they require strict compliance with the law.
This post gives a plain-language overview of who may qualify for an expunction under Texas law. It is general information only and not a substitute for legal advice about your specific situation.
What Is an Expunction in Texas?
An expunction is a court order requiring agencies—like law enforcement, courts, and some private entities—to:
Destroy or return certain records related to an arrest, and
Treat the arrest as though it never happened, with limited exceptions.
Texas courts have repeatedly held that:
Expunction is created entirely by statute, and
You only qualify if you meet every requirement in the applicable provision.
That means a judge can’t grant an expunction just because it feels fair. The facts must fit the statute.
Main Ways to Qualify for an Expunction
Under Texas law, there are several common pathways to expunction. Below are the major categories, simplified for non-lawyers.
1. You Were Found “Not Guilty” (Acquittal) or Later Pardoned
You may be entitled to an expunction if:
You were tried for the offense tied to the arrest and acquitted, or
You were convicted but later pardoned or granted relief based on actual innocence.
In the actual-innocence context, the court order or pardon usually must clearly state that it is based on actual innocence to trigger expunction eligibility.
However, even after an acquittal, expunction can be blocked if:
Other charges from the same criminal episode are still pending; or
Another charge from that incident resulted in a conviction.
So “not guilty” on one count doesn’t automatically clear everything arising from that event.
2. Your Case Did Not Result in a Final Conviction
Many people become eligible for expunction because their case never ended in a final conviction. Common examples include:
The case was dismissed
The grand jury returned a no-bill
The prosecutor declined to file charges
You completed a Class C deferred disposition before judgment
In these situations, Texas law generally requires that:
You are not in custody for the case,
There is no final conviction,
The case is no longer pending, and
You did not receive community supervision (probation) under the main probation statute (other than for Class C misdemeanors).
On top of that, there are waiting periods before you can seek expunction, based on the level of offense:
Class C misdemeanor: typically 180 days from the date of arrest
Class A or B misdemeanor: typically 1 year
Felony: typically 3 years
These waiting periods can interact with statutes of limitation and other factors. The timing can be critical, especially if the State could still refile charges.
3. You Were Arrested, But Never Charged or the Case Was Dropped
Some people are arrested, but:
Charges are never actually filed, or
The State dismisses the case later.
If the arrest did not lead to a conviction and there are no other pending charges from the same incident, you may have a path to expunction once any required waiting period has run.
In practice around Paris, Lamar County, and surrounding counties, this often arises from:
Arrests that lead to a “no-bill” by the grand jury
Cases dismissed in the interests of justice
Situations where the State files but later drops charges
The details matter a lot—especially whether any related charges were filed or are still pending.
4. Special Rules for Minors and Certain Juvenile-Type Offenses
Texas law is more forgiving for some offenses committed while a person was a minor, especially certain alcohol and tobacco-related offenses.
Examples include:
A minor with one conviction under the Alcoholic Beverage Code may, after turning 21, apply to have that conviction expunged if they meet the statutory requirements (including having no other qualifying convictions under that Code while a minor).
Certain tobacco or e-cigarette related offenses under the Health and Safety Code may be expunged once the person turns 21 and meets the statutory conditions.
There are also provisions for:
Minors who were arrested but not convicted for certain offenses and want the arrest expunged.
These juvenile-related expunction statutes reflect a policy choice: Texas recognizes that young people can make mistakes and should, in some cases, have a cleaner slate as adults—if they meet the legal criteria.
5. Expunction in Special Circumstances
There are more specialized avenues to expunction in certain situations, including where:
The prosecuting attorney certifies that the records are no longer needed for investigation or prosecution, or
The statute of limitations has expired and the State can no longer prosecute the offense.
These provisions can come into play where a case slowly dies on the vine, or where the State effectively abandons prosecution but never formally dismisses in the usual way.
6. Who Is Not Eligible for Expunction?
Texas law also spells out who cannot get an expunction in particular scenarios. For example:
Someone who intentionally absconds from the jurisdiction after being released on bond for an arrest may be disqualified from expunction for that arrest under certain provisions.
Many people who were placed on community supervision (probation) for the offense (other than most Class C cases) are not eligible for expunction, though they may have other options like orders of nondisclosure instead.
A final conviction for most adult offenses generally cannot be expunged, although there are a few narrow exceptions (such as pardon/actual innocence).
Because the consequences of filing an expunction request when you’re not eligible can be serious—and the State often contests these cases—it’s important to get a careful review of your individual history before filing anything.
Expunction vs. Nondisclosure: Know the Difference
People often use “expungement” to describe any kind of record cleaning. In Texas there’s a major distinction:
Expunction:
Records are destroyed or returned
You can usually deny the arrest in most circumstances
Order of Nondisclosure:
Records are sealed from the general public, but not erased
Certain agencies and licensing bodies still have access
If you don’t qualify for expunction, you might still qualify for nondisclosure. A proper analysis should look at both options.
Why Talk to a Local Attorney About Expunction?
Even with a straightforward statute, expunction law in Texas is technical:
The petition must match the statute exactly
The wrong timeline or misunderstanding of the case history can lead to denial
Agencies can oppose or appeal an expunction order
One wrong assumption about “no conviction” versus “deferred” can change everything
A local attorney familiar with Paris, Lamar County, Red River County, Fannin County, and Hopkins County can:
Review your criminal history and court records
Identify whether expunction, nondisclosure, or another remedy is realistic
Explain the waiting periods and timing issues
Draft and file the petition correctly
Represent you at any hearing and respond to objections from the State
Thinking About Clearing Your Record in Northeast Texas?
If you’re wondering whether you qualify for an expunction in Texas—or whether a nondisclosure might be available instead—I’d be glad to review your situation.
I handle record-clearing matters for clients in Paris and throughout Lamar, Red River, Fannin, and Hopkins Counties, including:
Arrests that were dismissed or no-billed
Old cases without final convictions
Juvenile-type and minor alcohol/tobacco offenses
Situations where the record is holding you back from work or housing
📞 Call The Law Office of John L. Hickman, PLLC at 903-225-9489
We’ll go through your history, talk about expunction vs. nondisclosure, and walk through your options in clear, plain language so you can make an informed decision about your future.