What Is It?
If a court orders your record to be expunged, it may not be released or used for any purpose. After receiving an expunction, you are permitted to deny that you have been arrested or had a record expunged, unless you are asked about an expunged record while under oath in a criminal trial. In that case, you need only state that the record in question has been expunged. (Texas Code of Criminal Procedure Article 55.03 (2018).)
Do You Qualify?
Eligibility For An Expunction
Your criminal record may be eligible for expunction if you were arrested for a misdemeanor or felony and:
You Were Acquitted At Trial
You Were Convicted And Subsequently Pardoned Or Found Innocent
You Were Charged But The Case Against You Was Dismissed And The Statute Of Limitations Has Expired
Not Formally Charged
You Were Not Formally Charged With A Crime And Satisfy The Required Waiting Period (Described Below)
If you were arrested and not charged with a crime, Texas law requires you to wait a certain period of time before applying for expunction. The waiting periods vary depending on the severity of the crime for which you were arrested and are as follows:
Class C Misdemeanor
180 days from the date of your arrest
Class A Or B Misdemeanor
One year from the date of your arrest
Three years from the date of your arrest