Overview Description

Records relating to an arrest for a Class C misdemeanor can be expunged if no charge is filed within 180 days of arrest or within the limitations period, or upon the prosecutor's certification that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a).

Ineligible Category or Citation

Arrests for violating probation or absconding from bail are ineligible for expungement. Tex. Code Crim. Proc. Ann. § 55.01(a-1), (a-2).

Procedure General

The petition can be filed in the district court, justice court, or municipal court of record for the county where the arrest occurred or where the offense allegedly occurred. For the specific procedure, see Tex. Code Crim. Proc. Ann. § 55.02.

Fees

The fees amount to at least $207 and typically about $250 in the district court, and $100 in the justice court or municipal court of record. Tex. Code Crim. Proc. Ann. §§ 102.006, 103.02101.

Effect

The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03.

Waiting Periods

The petition can be filed 180 days after arrest.

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