How to Get a Felony Expunged in Texas

In Texas, as in other states, expungement is a legal process that a court uses to remove or seal an individual’s criminal record from public view. When expungement occurs, it means that records cannot be accessed by potential employers, landlords, parties conducting background checks, or the general public.

In the State of Texas, expungement is referred to as expunction. It is important to note that there are differences between expunction and record sealing.

Although these two processes typically result in the general public not being able to see an individual’s criminal record, there are significant differences. With record sealing under an order of nondisclosure, once the criminal record is sealed, the public cannot view it.

Other parties, however, may be able to view the record, including criminal justice agencies. However, the record can only be disclosed to other criminal justice agencies or certain specific licensing and employment entities.

With expunction, the criminal record cannot be released to law enforcement or the public for any reason. Following this process, the individual will be allowed to state they were never arrested and never had a record expunged, with few limited exceptions, including:

• When asked about an expunged record under oath during a criminal trial
• Applications for immigration and naturalization procedures
• Applications for employment with the federal government or the military that require a background check or security clearance
• Applications for state licenses that ask the individual to swear under penalty of perjury about their criminal record

In general, felony offenses cannot be expunged in the State of Texas, except in certain limited circumstances, which will be discussed below. For more information on expunging a conviction in Texas, an individual should consult with a local Texas lawyer.

Factors Influencing Felony Expungement

There are several different factors that influence whether a court will consider a request for felony expungement, including:

• The defendant’s age at the time the crime was committed
• The nature of the crime
• The amount of time that has passed since the defendant’s arrest or conviction
• The completion of all of the court-ordered requirements for the defendant’s sentence

Which Felonies Can Be Expunged?

An individual’s criminal record may qualify for expungement if one or more of the following apply:

• The defendant was convicted but was later pardoned or found innocent
• The defendant was charged with a crime but their case was dismissed
• The statute of limitations has expired
• The defendant was acquitted of a charge or charges at trial
• The defendant was never formally charged with a crime and the waiting period has expired

The Process of Expunging a Felony

In Texas, if an individual was arrested but not charged with a criminal offense, they have to wait for a certain amount of time before applying for an expunction. The waiting period differs depending on the crime for which the defendant was arrested, including:

• A Class C misdemeanor: 180 days from the date of the arrest
• A Class A or B misdemeanor: One year from the date of the arrest
• A felony: Three years from the date of the arrest

When an individual has a record that qualifies for sealing or expunction, they have to file a Petition for Expunction or Petition for an Order of Nondisclosure form and file it with the court that handled their original criminal case.

There are filing fees for filing these petitions as well as fees for notifying law enforcement agencies of the expunction. It is important for an individual to find out the fee amount from the clerk of the county in which they are seeking expunction.

When an individual cannot afford the fees, they can file a Statement of Inability to Afford Payment of Court Costs in order to get that fee waived. This document should be filed at the same time as the petition.

The actual procedures differ by situation. For an arrest, an individual may be able to expunge it from their record after any of the following occur:

• They were acquitted after a trial
• A pardon was granted after they were found guilty
• An order of actual innocence was issued by a court
• The prosecution never filed charges but can still do so because the statute of limitations has not yet expired
• The defendant has not yet had a trial, and the prosecutor recommends expunction
• The defendant’s case involves a “waiting period” and “discretionary expunctions,” which require the prosecutor’s assistance with the expunction petition
• There is an error in the defendant’s criminal record because someone else used their name when they were arrested
• The defendant has been convicted of a similar crime in the past
• The arrest that an individual wants to expunge involves multiple charges and the individual was convicted of one or more of the charges, or that the individual may still be prosecuted for one or more of the charges

In the majority of situations, a defendant will need to wait 30 to 90 days for their hearing. It may take up to six months to complete the entire expungement process.

When the court grants an expungement, it can still take law enforcement agencies up to six months to destroy an individual’s expunged record.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

Once felonies are expunged, they are usually no longer a matter of public record. This means the individual will not be required to report their charge or conviction on any applications for housing, employment, education, or public benefits.

If a background check is performed, an expunged felony will not show up. There are, however, limitations, as they may be disclosed between law enforcement and when applying for certain jobs, including:

• Law enforcement positions
• Financial services positions
• Positions working with children
• Healthcare positions
• Legal professions
• Government positions
• Education positions

If an individual wants more information on when they may be required to disclose an expunged felony, in Texas, they should consult with an attorney.

Which Felonies Are Not Eligible for Expungement?

In the State of Texas, the following felonies cannot be expunged:

• Murder
• Kidnapping
• Sexual assault
• Driving under the influence
• Aggravated robbery
• Criminal solicitation
• Indecency with a child

Criminal charges in Texas, which include felonies, will remain on an individual’s record permanently. Offenses are only eligible to be expunged when:

• There were no charges filed after the waiting period
• The defendant was convicted but proven innocent at a later time
• The defendant was acquitted
• The defendant was pardoned either by the president of the United States or the governor of Texas

Do I Need an Attorney for Help With Felony Expungement?

If you have a criminal record, you may find it difficult to apply for housing, find a new job, or obtain a professional license. To find out whether your felony may be eligible for expungement, it is important to reach out to a Texas expungement lawyer.

Obtaining an expungement can help you get a fresh start, as it can help you obtain better housing and employment opportunities. Many landlords and employers are more willing to rent to and hire individuals without criminal records.

You can easily use LegalMatch to find an expungement lawyer in your area of Texas who can review your circumstances and see if you are eligible for an expungement. It is free to submit your question on the LegalMatch website and connect with licensed member lawyers who are ready to help you with your expungement concerns.