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What is an expunction in Texas?
Expunction (also known as expungement in other states) is a court-ordered process that permanently removes certain criminal records from public view. Once your record is expunged, you are legally allowed to deny that the arrest or charge ever occurred.
When You May Qualify for an Expunction
In Texas, expunction is only available in specific situations, including:
Your were found NOT GUILTY at trial
Your case was DISMISSED by a judge before trial
The prosecution DROPPED the charges before trial
You OVERTURNED a conviction through a successful appeal
If you think you might be eligible, speaking with an experienced Houston expungement lawyer like Attorney Jeffrey D. Sasser is the best first step.
How to Expunge a Felony in Texas
Felony arrests and charges can only be expunged if there was no finding of guilt. In most cases, you must wait until the statute of limitations or a set waiting period has expired — often three years for felony charges.
The general expunction process in Texas includes:
Determine Eligibility
You must meet legal requirements, including completion of your sentence, probation, or deferred adjudication. Certain violent or sexual offenses, or multiple felony convictions, may make you ineligible.
Collect Required Documents
This includes your criminal record, related court paperwork, and the petition for expunction form.
File the Petition
Submit the completed form to the court where your case was handled.
Determine Eligibility
You must meet legal requirements, including completion of your sentence, probation, or deferred adjudication. Certain violent or sexual offenses, or multiple felony convictions, may make you ineligible.
Collect Required Documents
This includes your criminal record, related court paperwork, and the petition for expunction form.
File the Petition
Submit the completed form to the court where your case was handled.
Attend a Hearing
Present your case and evidence to the judge.
Await the Decision
If approved, your record will be cleared, and you can legally deny the offense ever occurred.
Attend a Hearing
Present your case and evidence to the judge.
Await the Decision
If approved, your record will be cleared, and you can legally deny the offense ever occurred.
Because the process can be complex and take several months, working with a skilled Houston expungement lawyer increases your chances of success.
Pretrial Diversion and Record Sealing
Pretrial diversion programs are designed for first-time offenders to avoid a permanent conviction. If completed successfully — and followed by good behavior — you may qualify to have your record sealed.
A knowledgeable Houston expungement lawyer can help negotiate your participation in such programs and later assist with sealing or expunging your record.
Non-Disclosure Order in Texas
If you do not qualify for an expunction, a non-disclosure order may still protect your privacy by sealing your record from public view. While certain government agencies may still access it, private employers, landlords, and the general public will not.
Non-disclosure is often an option if you:
- Completed probation, deferred adjudication, or a pretrial diversion program
- Have remained free of legal trouble since your case ended
- Can demonstrate you are unlikely to reoffend
Houston Expungement Lawyer - FAQ
How much does it cost to expunge a record in Texas?
The cost of expunction in Texas varies depending on the county and complexity of your case. Court filing fees typically range from $300 to $400, plus attorney fees. While it is possible to file on your own, most people hire an attorney to improve their chances of approval.
How long does the expungement process take in Houston?
On average, the expunction process in Texas takes two to six months, depending on the court’s schedule and whether the case is contested. Complex cases may take longer.
Can felonies be expunged in Texas?
Yes — but only if the felony arrest or charge did not result in a conviction and meets strict eligibility requirements. A Houston expungement lawyer can review your record and confirm if you qualify.
What’s the difference between expunction and non-disclosure?
Expunction permanently removes the record, while a non-disclosure order seals it from public view but keeps it accessible to certain government agencies.
Can I say I was never arrested after expungement?
Yes. Once your record is expunged, you can legally state that you were never arrested or charged for that offense.
Why Hire a Houston Expungment Lawyer like Jeffrey D. Sasser?
- Local Knowledge: Understanding Texas expunction laws and local court procedures
- Faster Process: Properly preparing documents and meeting deadlines
- Higher Success Rate: Presenting your case effectively to the judge
If your criminal record is affecting your job, education, housing, or personal life, it’s time to take action.
Attorney Jeffrey D. Sasser
Former Harris County Distict Attorney
Get a Personal Consultation
Law Office of Jeffrey D. Sasser
11011 Richmond Ave, Suite 800
Houston, TX 77042
Contact
(713) 457-6657
attorneysasser@gmail.com
Business Hours
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Saturday 10am - 2pm