Expungement in Texas

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    Acquitted

    • If you are acquitted of a crime in Texas, you are eligible to have it expunged from your record. The exception is if you are still being prosecuted for a different crime that happened at the same time.

    Convictions

    • If you are convicted of a crime in Texas, your record may only be expunged if you receive a pardon from the governor.

    Never Tried

    • If you are never tried in a Texas court, you are eligible to have the charge wiped from your record. If you were never charged in the matter, you must wait until the statute of limitations has passed. If you went through a pre-trial diversion program, you can have your record expunged.

    Process

    • You must request for a charge to be taken off your record, even if you are found innocent. You will have to file an ex parte petition for expunction in your county's district court within 30 days of your acquittal. You must include your information, as well as details of the case against you and your arrest record.

    Expunction Order

    • If your request for expunction in Texas is granted, the court will order that all records pertaining to your case be destroyed. This order will be sent to the Crime Records Service of the Department of Public Safety and every other state agency that has records of your case.

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