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 Recordspage 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