People often ask me if they are able to have an old case expunged. The answer is usually very complex. Eligibility for expunction depends the exact details of your case and how it was ultimately resolved. This usually makes the question difficult for me to answer without first conducting some research.

In each of these cases, I find that it’s helpful to define exactly what an expunction is so that the client knows what to expect. Expunction is a process through which you can make the State permanently delete all records of your criminal case. This includes all records of the arrest, the indictment, and the eventual outcome.

This is different from an Order of Nondisclosure, which I discuss in another post.

Below I have listed each of the scenarios that the State of Texas allows Courts to grant and Order for Expunction.

What Cases Can be Expunged?

You might qualify for an expunction if:

  1. A Judge or Jury found you Not Guilty at trial
  2. An Appellate Court acquitted you
  3. You were convicted but subsequently Pardoned by the Governor or US President
  4. You were a Juvenile (under 17) and Convicted of:
    • A Class C Misdemeanor
    • An offense under the Texas Alcoholic Beverage code
    • Truancy
  5. Convicted for Unlawful Carrying of a Weapon (UCW) before September 1, 2021
  6. The Court dismissed your case (does not apply to Deferred Adjudication dismissals)
  7. The District Attorney petitions the Court before trial and recommends that the Court expunge your case
  8. The Statute of Limitations has passed and the Courts have taken no action against you since the arrest
  9. The Statute of Limitations has not passed but the Court has not taken any action against you:
    • 180 days after a Class C Misdemeanor Arrest
    • 1 Year after an Class A or B Misdemeanor Arrest
    • 3 Yeas after a felony Arrest
  10. A Grand Jury Indicted you but a Court quashed the Indictment because:
    • You completed a Veterans Treatment Court Program
    • You completed a Mental Health Court Program
    • You completed a Pre-Trial Diversion Program
    • False of Misleading Information led a grand Jury to issue the Indictment
    • The Indictment is Void

Certain Restrictions Apply

Even if the above conditions apply, the law disqualifies you from receiving and expunction if:

  1. You skipped bail
  2. The Court held your bond insufficient while your case was pending
  3. The case for which you seek an expunction is for a Probation Revocation
  4. There were other cases arising out of the same “criminal episode” and you:
    • were convicted of those offenses; or
    • remain subject to prosecution for those cases
  5. The Court has not already granted you an expunction for the exact same type of offense

Expunged Deferred Adjudication Dismissals?

Deferred Adjudication Community Supervision is when a defendant pleads guilty but the Judge does not enter the guilty verdict. Instead, the defendant goes on probation and the Judge waits to see if they are successful. If a defendant completes probation without picking up new offenses, then the Judge dismisses the case.

Unfortunately, this type of dismissal is not eligible for an expunction.

However, in this case you might qualify for an Order of Non-disclosure which will seal your records from the general public.

Expunged Deferred Disposition Dismissals?

Deferred Disposition (as opposed to Deferred Adjudication) only applies to Class C Misdemeanors. These offenses fall under the Jurisdiction of either the Justice of the Peace or Municipal Court. Judges in these Courts have the option to dismiss a case after a period of Deferred Disposition. This is when the Court agrees to dismiss a traffic ticket or some other small infraction so long as the defendant does not get in any other trouble during a set amount of time.

Although this sounds very similar to Deferred Adjudication, which is described above, the law does make these cases eligible for expunction.

Expunged UCW Conviction?

In 2021, the Texas Legislature drastically changed the UCW law. Part of these changes is that a person who was convicted of this offense before September 1, 2021, automatically qualifies for an expunction. This is a specific exception to the general rule that expunctions do not apply to convictions.

How Much Does Expunging a Case Cost?

Filing Fees

All Courts require petitioners to pay a filing fee for an expunction. Courts will also charge you for each certified copy of the Expunction Order that you need. County Courts will almost always charge a higher filing fee than Justice of the Peace or Municipal Courts.

For example, as of this writing, Dallas County Courts require petitioners to pay a $292 Filing fee plus up to $7 per certified copy.  Other Counties might require a different fee.

The City of Dallas Municipal Court currently charges only a $100 filing fee for an expunction.

Attorney’s Fees

Attorney’s fees are separate from the Filing Fee. You can petition the Court for an expunction on your own. The problem is that there are so many confusing rules surrounding eligibility that most people need a trained professional to help them navigate the process. Each attorney will charge a different rate for this service. Rates depend mostly on how long it will take the attorney to fill out all of the required forms. Bear in mind that the expunction process is time consuming and an attorney must charge accordingly. You will have to decide whether the cost of the expunction is worth having the records of your criminal case destroyed.

Attorneys can either charge a flat rate or an hourly fee for this service.

Conclusion

Keeping a case that is eligible for an expunction on your criminal record can have serious consequences. You could miss out on job opportunities and much more just because an old case is still listed in your criminal history. If you think you might qualify for an expunction, you should speak with an attorney about your options.