What Does an Expungement Do in Texas?

Everyone makes mistakes, but some people are asked to pay for their mistakes for years. Having a criminal record can sometimes feel like an unshakeable shadow that follows you, casting a dark cloud over opportunities for employment, housing, and even personal relationships. Expungement is a legal process that can alleviate this burden by effectively 'erasing' your criminal record, providing you with a fresh start.

Expungement, also known as expunction in Texas law, is a legal procedure that effectively erases a person's criminal record, making it inaccessible to the public. To be more specific, an expunged record cannot be maintained, released, or shared. Those with expunged records are also legally allowed to deny that the offense ever happened—unless they are testifying under oath in court.

This process is highly significant as it can remove barriers to employment and other opportunities often hindered by a criminal history. However, not every case is eligible for expungement.

Who Is Eligible to Have Record Expunged?

Under Texas Code of Criminal Procedure § 55.01, a person can obtain a record expunction in certain circumstances. To qualify for expunction in Texas, you must meet certain criteria. These include situations where you were arrested but never charged, acquitted of the crime, pardoned after a conviction, or if the charges against you were dismissed.

Certain juvenile offenses, alcohol offenses by minors, and cases of identity theft by someone who was arrested using your name may also be eligible for expungement.Other types of criminal records that can be expunged include:

  • Class C misdemeanors if a deferred adjudication is successful
  • Waiting period has elapsed and charged were not filed

Will an Expunged Record Appear on a Background Check?

Even with a court order, your criminal records are inaccessible to anyone once they are expunged. In general, an expunged record should not and will not show up on a background check.

Talk with Our Expungement Attorney

If you are considering pursuing expungement, it is advisable to consult with a legal professional who can guide you through the process and help maximize your chances of success. At The Clark Law Firm, our attorneys have decades of collective experience with a diverse background. If you or a loved one need help expunging your record, our criminal defense attorneys are here to help.

Call (817) 435-4970 to schedule an initial consultation today.


Contact The Clark Law Firm

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please enter a message.
Schedule Your Free Consultation