Summary of What Texas Arrests Can and Cannot Be Removed from a Criminal History

Here is a basic summary of what arrests in Texas can and cannot come off a criminal record:

You may be eligible for expunction (completely erasing a Texas arrest) if:

--the charges were dismissed without any punishment
--you were found not guilty after a trial
--you received a pardon from the governor
--you completed deferred adjudication on a Class C misdemeanor. Some examples of Class C misdemeanors are public intoxication and possession of drug paraphernalia. They are usually charged in municipal court.

You may be eligible for non-disclosure (sealing of your record) if:

--you completed deferred adjudication on certain Class A or Class B misdemeanors or
--you completed deferred adjudication for certain felonies and five years has elapsed.

Note: both expunction and non-disclosure have other requirements. See my clearing records page for more information.

What CANNOT come off your criminal history:
--you received jail time as a punishment. Example: you were arrested for criminal mischief and received 10 days in jail.
--you received credit for time served as your punishment. Example: you were arrested for assault and accepted as your punishment credit for the time you served in jail before making a plea.
--you paid a fine as your punishment. Example: you were arrested for Class C theft and you paid a $500 fine as your punishment.
--you received straight probation as punishment. Example: you were charged with a DWI and received six months in jail probated for one year.
--you received prison time as your punishment


I received a call today--a woman told me that a lawyer told her that he could remove a prison sentence for $4000. It is impossible--the Texas laws do not allow it. If you filed an expunction to remove a prison sentence, the judge would throw you out of court.

Unfortunately, I receive these calls often. I hope that this basic summary will help people avoid ignorant and/or fraudulent legal advice.

If you are ineligible to expunge or seal your arrest, you may look at the options provided on my postconviction page.