Overview Description

Records relating to an arrest for a felony can be expunged if no charge is filed within three years of the arrest or within the limitations period. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(c).

Ineligible Category or Citation

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

Procedure General

The petition must be filed in 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.

The petition must be filed in 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. 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 three years after the arrest.

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