Overview Description

Records relating to an arrest for a Class A or B misdemeanor can be expunged if no charge is filed within one year 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)(b).

Ineligible Category or Citation

An arrest for violating probation or absconding from bail cannot be expunged. Tex. Code Crim. Proc. Ann. § 55.01(a-1), (a-2).

Procedure General

The petition must be filed in the district court 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, plus $28 fee for the petition for nondisclosure. Tex. Code Crim. Proc. Ann. § 102.006.

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 one year after the arrest.

(non-prod server)