David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. He knows how criminal records are created, maintained, and searched – and he knows exactly what it takes under Texas law to have one permanently destroyed. An expunction is not a seal. It is total erasure. When the court grants the order, law enforcement agencies must physically destroy their files. You may legally deny the arrest ever occurred.
An expunction is the legal process of completely erasing a criminal record from public view. Once granted, the record is destroyed, and you are legally allowed to deny the incident ever occurred.
You may qualify for expunction if:
Expunctions are governed by Chapter 55 of the Texas Code of Criminal Procedure, and eligibility depends on the offense type, case outcome, and waiting periods.
An order of non-disclosure seals your criminal record from public access, including employers, landlords, and most background check agencies. Law enforcement and certain government entities may still view the record, but it is hidden from private parties.
You may qualify for non-disclosure if:
Non-disclosure is governed by Texas Government Code §411.072, and recent updates have expanded eligibility for many Texans.
Whether you have a background check coming up or simply want to put a past arrest behind you permanently, the process starts with a single conversation. Consultations are free and confidential.
Even a single arrest, even one where charges were dropped or you were acquitted can appear on background checks and create real obstacles in employment, housing, and professional licensing. Employers, landlords, and licensing boards in Texas routinely access this information. They make decisions based on what they find, often without distinguishing between an arrest and a conviction.
An expunction is the only remedy that removes the record entirely. Once the court grants the order, the arrest and proceedings are permanently destroyed. You are legally entitled to deny they ever occurred – on job applications, housing applications, and professional licence renewals.
Every expunction case turns on specific facts, the nature of the charge, how the case was resolved, and whether all eligibility requirements have been met. David Smith reviews each situation individually before preparing a petition, because the right approach depends entirely on your specific circumstances.
We manage filings, court appearances, and communication with focus and speed. Our structured process reduces delays and keeps your case moving forward without unnecessary complications.
We charge a flat fee for expunction petitions. You know the total cost at the outset, with no hourly billing or unexpected charges. The fee is discussed at your free consultation before you make any commitment. “You’ll always know where your case stands”
Navigating the expunction and non-disclosure process in Texas requires more than filling out forms. Each county – including Harris, Fort Bend, Brazoria, and Galveston – has its own procedures, filing fees, and court requirements. David Smith brings local experience and strategic insight to every case.
Answer: No. A dismissed charge does not automatically disappear from a Texas criminal record. Even if the case was dropped, rejected, or dismissed, the arrest record, court record, booking information, and background check data may still appear unless a judge signs an expunction order. This is one of the most common misunderstandings about Texas criminal records. A dismissal is a good case outcome, but it is not the same thing as clearing the record. To remove the record, a separate expunction petition usually must be filed in the proper court.
Answer: An expunction removes or destroys eligible criminal records. A non-disclosure order seals the record from the general public but does not destroy it. This means employers, landlords, and most private background check companies may not see a sealed record, but law enforcement, prosecutors, hospitals, schools, daycares, and certain government or licensing agencies may still have access. Expunction is usually the stronger remedy, but not everyone qualifies. People who completed deferred adjudication for certain offenses may not qualify for expunction, but they may qualify for non-disclosure instead.
Answer: The waiting period depends on the offense level and how the case ended. If no formal charge was filed, Texas law generally uses waiting periods based on the arrest type. A Class C misdemeanor may require at least 180 days from the arrest date. A Class A or Class B misdemeanor may require at least one year. A felony may require at least three years. Some cases can move faster if the prosecutor certifies that the records are not needed for an investigation or prosecution. Dismissed cases may also depend on the statute of limitations and the reason for dismissal.
Answer: Yes, a felony arrest or felony charge can sometimes be expunged in Texas, but only if the case qualifies under the law. A felony may be eligible if the person was acquitted, the charge was dismissed, charges were never filed after the arrest, or the person later received a qualifying pardon. A felony conviction usually cannot be expunged unless a very specific legal exception applies. Felony expunctions are often more complicated because waiting periods, limitation periods, and related charges must be reviewed carefully before filing.
Answer: A DWI conviction usually cannot be expunged in Texas. However, a DWI arrest may be eligible for expunction if the case was dismissed, rejected, no-billed, or ended in a not guilty verdict. Some first time DWI cases may qualify for non-disclosure, which seals the record instead of destroying it. The right option depends on whether the DWI resulted in a conviction, probation, dismissal, pretrial diversion, or another outcome. This is why DWI record clearing should be reviewed carefully before deciding whether to pursue expunction or non disclosure.
Answer: After an expunction is granted and completed, employers should not be able to see the expunged arrest through ordinary public background checks. The purpose of expunction is to remove the record from public access and prevent agencies from releasing it. In most situations, the person can also deny that the expunged arrest occurred. However, there are limited exceptions, especially in certain sworn legal settings, immigration matters, security clearance reviews, or applications that require special disclosures. Anyone unsure about a specific application should ask an attorney before answering.
Answer: The timeline can vary based on the court, the agencies involved, and whether the prosecutor or any agency objects. In Harris County, an expunction is not instant. The petition must be prepared, filed, served on the required agencies, reviewed, and approved by a judge. After the order is signed, agencies still need time to remove or destroy the records. A simple uncontested case may move faster, while cases with missing information, old records, multiple agencies, or prosecutor objections may take longer. Correct filing is important because mistakes can delay the entire process.
Answer: Texas law allows a person to file for expunction without a lawyer, but the process is technical. The petition must include accurate arrest details, case numbers, agency names, identifying information, and the correct legal basis for expunction. If an agency is left out, that agency may not be required to clear its records. If the petition is filed too early or under the wrong legal theory, it can be denied. A Houston expunction attorney can review eligibility, prepare the petition, handle filing, respond to objections, and make sure the final order reaches the right agencies.
Answer: The cost depends on the complexity of the case, the number of agencies involved, whether the case is contested, and whether the person needs expunction, non disclosure, or both. Harris County also charges court filing fees and notice fees, which are separate from attorney fees. Some lawyers charge flat fees for straightforward expunction petitions, while more complex cases may cost more. The best way to understand the total cost is to have the case reviewed first, because a dismissed misdemeanor, a felony arrest, and a multi agency record clearing case may require different amounts of work.
Answer: An expunction can require agencies to remove or destroy records connected to the eligible arrest. This may include police records, court records, jail records, booking details, fingerprints, mugshots, prosecutor records, and state criminal history entries. The order must list the agencies that may hold the records. In a Houston or Harris County case, this may include local police, the sheriff’s office, the district clerk, the district attorney, the Texas Department of Public Safety, and other agencies connected to the arrest. If an agency is not included, its records may not be cleared.
Answer: Eligibility depends on how the case ended. You may qualify for expunction in Texas if you were arrested but never charged, your case was dismissed, you were found not guilty, the case was no billed by a grand jury, you received a qualifying pardon, or your information was used because of mistaken identity or identity theft. Some Class C misdemeanor cases may also qualify. You usually cannot expunge a case that resulted in a final conviction, adult probation, or deferred adjudication, except for certain Class C cases. A Houston expunction attorney can review the court record and determine whether expunction or non disclosure is the right option.
Answer: In Harris County, the process usually begins with a petition for expunction filed in the proper court. The petition must identify the arrest, the case, and all agencies that may have records, including law enforcement, the court clerk, the prosecutor, jail records, and state databases. After filing, the agencies receive notice and have an opportunity to object. If the court grants the expunction, the judge signs an order requiring the listed agencies to remove or destroy the eligible records.
