What Crimes Can Be Expunged?

Expungement Resources

What Crimes Can Be Expunged in Texas?

If you’ve been arrested or charged with a crime in Texas, that record can follow you for the rest of your life — showing up on background checks for jobs, housing, and loans, even if the case never resulted in a conviction. Depending on how your case ended, you may be able to remove it entirely through expungement, or seal it from public view through an Order of Non-Disclosure. Not sure where your case stands? Our guide on whether you qualify for an expungement walks through the basics before you dig into the specifics below.

Not every charge qualifies, and the rules depend heavily on the type of offense, how the case was resolved, and how much time has passed. Below, our Fort Worth expungement attorneys break down exactly what can and can’t be expunged in Texas, and what to expect from the process.

What Is an Expungement?

An expunction is a legal process that removes an arrest from your criminal record entirely — as if it never happened. Depending on your case, this can cover the arrest itself, any charges filed, and any related court records. Expungement is governed by Article 55.01 and Article 55.02 of the Texas Code of Criminal Procedure, which spell out exactly who qualifies and under what circumstances.

What Crimes Qualify for Expungement in Texas?

Eligibility comes down to how your case ended — not the severity of the original charge. In most cases, you must have been acquitted, had your charges dismissed, or never been formally charged at all.

Misdemeanor Expungement Eligibility

Texas misdemeanors are split into three classes — for a full breakdown of what separates them, see our guide to misdemeanors in Texas. Each class carries its own waiting period once a case did not result in a conviction:

• Class C misdemeanors (fine-only offenses like petty theft or disorderly conduct): eligible after a minimum 180-day wait, provided the case wasn’t a conviction, isn’t still pending, and didn’t produce additional felony charges from the same arrest.
• Class A and Class B misdemeanors (offenses like first-offense DWI, marijuana possession, or property theft): eligible after a minimum one-year wait, with the same requirements — no conviction, no pending case, and no related felony charges.

Felony Expungement Eligibility

A felony charge that did not result in a conviction — meaning you were acquitted, the case was dismissed, or it’s been resolved in your favor — is generally eligible for expunction after a minimum three-year waiting period, provided no related charges are still pending.

Other Situations That May Qualify

Even outside the standard “no conviction” scenarios, several other circumstances can make a record eligible for expungement in Texas:

• You were arrested but never formally charged
• Certain juvenile misdemeanor offenses
• Certain alcohol-related offenses committed by minors
• Truancy convictions
• Records created because someone else used your stolen identity during an arrest
• Charges that were acquitted on appeal

What Crimes Cannot Be Expunged in Texas?

Generally, a conviction cannot be expunged — expungement is available for arrests and charges that didn’t result in a guilty finding, not for offenses you were ultimately convicted of. Certain serious offenses also face longer waiting periods or additional restrictions even when eligible, including charges tied to sex offender registration, family violence, and human trafficking. If you’re unsure whether your specific charge qualifies, that’s exactly the kind of question worth a free consultation rather than guesswork.

How Long Does the Expungement Process Take in Texas?

After a petition for expunction is filed, it typically takes about 30 days to get a hearing date on the court’s calendar. If the judge grants the expungement, it can then take up to 180 days for all relevant government agencies — courts, law enforcement, and state databases — to actually clear the record from their systems. Curious what documentation the court will actually ask for? Our page on what’s required to expunge records covers the petition requirements in detail.

Frequently Asked Questions

Do I need a lawyer to expunge my record in Texas?

You’re not required to hire an attorney to file for expungement, but the petition has strict formatting and eligibility requirements — a single error can get it rejected outright. Working with an attorney significantly improves the odds your petition is accepted the first time.

Can multiple charges be expunged in one petition?

Yes. If multiple eligible offenses occurred in the same county, they can typically be combined into a single petition rather than filed separately.

What’s the difference between expungement and an Order of Non-Disclosure?

Expungement removes a record entirely, as if it never existed. An Order of Non-Disclosure instead seals the record from public and most background-check access, while still allowing certain government agencies to see it. Not every case qualifies for full expungement — for those, a non-disclosure order is often the next-best option.

Find Out If You Qualify

Every case is different, and the fastest way to know whether your record qualifies for expungement or an Order of Non-Disclosure is to talk to a Fort Worth expungement attorney directly. Cole Paschall Law offers a free, no-obligation consultation to review your specific situation. Call (817) 477-4100 to get started.