October 17, 2022
What Crimes Are Eligible for An Expunction in Texas?
Any misdemeanor or felony crime you are charged with in Texas, where you are not found guilty by a judge or jury, can qualify for expunction.
Expungement in Texas
Expungement is the process of removing certain records so that they are no longer accessible to the general public. If you can qualify for expungement, it can have a profound effect on your life. It may lead to you getting a job or being eligible for future opportunities you cannot take now due to your record.
In most states, certain crimes cannot be expunged. But in Texas, there are numerous offenses that you may be able to have erased from your record. We will review the different criminal charge scenarios eligible for expunction in Texas.
In order to get an expunction in Texas, your offense must qualify under Article 55.01 and Article 55.02 in the Texas Code of Criminal Procedure.
In this article, we will review the different criminal charge scenarios that are eligible for expunction in Texas.
Can Misdemeanors Be Expunged in Texas?
Yes, any Class A, B, and C misdemeanor offense you are charged with in Texas, where you are found not guilty by a judge or jury, can qualify for expunction.
Today we will explain what scenario can qualify you for expungement for your misdemeanor offense.
Class C (Fine-Only) Misdemeanors in Texas
Class C misdemeanors are considered fine-only, with the maximum fine being $500. Under Class C misdemeanors, there is no jail time. Class C misdemeanors include offenses such as petty theft, disorderly conduct, and public intoxication.
You do qualify for expunction if your Class C misdemeanor offense meets these criteria:
- It did not result in a conviction.
- It is no longer pending.
- Additional felony charges did not come out of the same arrest.
- At a minimum, 180 days have passed since the arrest.
- The applicant has filed a petition with the court where the defendant was arrested or in which the offense was alleged to take place.
Class A and Class B Misdemeanors With No Conviction or Acquittal in Texas
Class A is the most serious of the misdemeanor classes, where a fine can be issued up to $4000 and a year in county jail (if found guilty). Examples of Class A misdemeanors are first and second offense DWI, burglary of a vehicle, and property theft.
In a Class B Misdemeanor, the offender can be issued a fine of up to $2,000 and jailed for 180 days. Examples of Class B misdemeanors are indecent exposure, obstructing the roadway, possession of marijuana, and drunk driving.
A misdemeanor with no conviction or acquittal means the prosecutor failed to prove the defendant was guilty, making the verdict “not guilty”.
You do qualify for expunction if your misdemeanor offense meets these criteria:
- It did not result in a conviction.
- It is no longer pending.
- Additional felony charges did not come out of the same arrest.
- At a minimum, one year has passed since the arrest.
- The court has received a petition where the defendant was arrested or in which the offense was alleged to take place.
- The prosecutor certifies that during any criminal investigation or prosecution (including for that of another person), the applicable arrest record and files are not needed for use.
- Charged for the unlawful carrying of weapons before September 1, 2021, according to Article 46.02(a) in the Texas Penal Code.
Can You Have a Felony Expunged in Texas?
Yes, any felony offense you are charged with in Texas, where you are found not guilty by a judge or jury, can qualify for expunction.
Felonies with No Conviction or Acquittal in Texas
A felony with no conviction or acquittal means the prosecutor failed to prove the defendant was guilty, making the verdict “not guilty”.
You do qualify for expunction if your felony offense meets these criteria:
- It did not result in a conviction.
- It is no longer pending.
- Additional felony charges did not come out of the same arrest.
- At a minimum, three years have passed since the arrest.
- The applicant has filed a petition with the court where the defendant was arrested or in which the offense was alleged to occur.
In summary, this post showed you how you could qualify for expungement whether you have a misdemeanor or felony charge.
Below you’ll find answers to the common questions about expunctions in Texas.
Texas Criminal Record Expungement FAQs
Do I Need a Lawyer to Expunge My Record in Texas?
The Napier Law Firm can help you unlock the benefits of expungement. If your case warrants an expungement, we will work with you to determine whether it’s in your best interest to have the conviction erased.
Can I Do My Own Expungement in Texas?
Yes, you can file on your own. However, hiring professional help can increase the probability that your expungement filing will be accepted (and your record cleared!).
How Long Does Expungement Take in Texas?
The majority of the time, it can take about 30 days to arrange an official hearing date after your petition for expunction is filed. If your expungement is accepted, it can take 180 days or more for government agencies to clear your records.
How Can I Check the Status of My Expungement?
You can check the status of your expungement petition with your Attorney or visit the court where your case was originally held and ask to see if your request is approved. If approved, the record will not be visible to the general public.
Would You Like Help With the Texas Expunction Process?
Expunge your criminal record from the state of Texas by working with an experienced expungement lawyer in Texas. From misdemeanors to felonies, our team can help you determine if your case should be expunged and how much your criminal record can be safely erased.
Call 713-470-4097 and get in touch with The Napier Law Firm today!