Expunction is the legal process of completely wiping a criminal record from public view — and even from most law enforcement databases. Once a judge approves it, it’s treated as if the arrest or charge never happened.
After that, you can legally say you’ve never been arrested or convicted for that specific offense. In many places, people also use the word “expungement” to mean the same thing.
Key Takeaways
- An expunction permanently erases eligible criminal records in Texas. There will be no indication on your record that the incident ever occurred.
- Expungement is not a pardon. Public officials issue pardons, while judges grant expunctions.
- Expunction is not the same as an order of nondisclosure — the former deletes records, the latter seals them.
Definition: What Does Expunction Mean in Texas?
Expunge means to destroy or eliminate information from official records. The primary example is expunging criminal records. Most states allow expunction, but have strict rules about what can be removed and the circumstances under which it can be removed.
In some states, expunction permanently removes an arrest record from all databases, allowing people to deny that they were ever arrested. Other states will continue to maintain public records of the arrest.
In Texas, under Chapter 55 of the Texas Code of Criminal Procedure, an expunction permanently removes records of an arrest, charge, or certain convictions, allowing you to walk away with a clean slate.
When a record is expunged:
- It is destroyed or deleted from state and local databases.
- Employers, landlords, and the public can no longer see it in background checks.
- You are legally allowed to deny that the arrest or case ever occurred.
However, expunctions are not automatic — they must be requested through a court order and approved by a judge.
Who Qualifies for an Expunction in Texas?
Not every case can be expunged. You may be eligible if:
- You were arrested but never charged.
- The court or prosecutor dismissed your case.
- You were found not guilty at trial or on appeal.
- You completed a pretrial diversion program and met all conditions.
- You were convicted of certain Class C misdemeanors and later received a deferred adjudication.
Some offenses — such as DWI convictions or serious felonies — are not eligible for expunction, though they may qualify for nondisclosure (record sealing) instead.
If you’re unsure of your eligibility, check with your lawyer.
How Long Does the Expunction Process Take?
The timeline varies by county and the complexity of the case, but most expunctions take 30 to 180 days to finalize.
After filing, your attorney must notify all relevant agencies — including law enforcement, the Texas Department of Public Safety (DPS), and court clerks — before a judge can issue an order to destroy the record.
Once complete, all physical and digital copies of your case are permanently removed from state systems.
Expunction vs. Nondisclosure
These terms are often confused, but have significant differences:
- Expunction: Completely erases your criminal record. You can deny the arrest or charge.
- Nondisclosure (record sealing): Hides the record from public view while allowing access by certain government or law enforcement agencies.
If you were convicted of an offense but otherwise meet specific criteria (such as completing probation), nondisclosure may be the next best option.
Why Expunction Matters
Having a record expunged can open doors that might otherwise remain closed.
It can help you:
- Pass employment and background checks
- Rent an apartment without issues
- Restore your reputation and peace of mind
In short, expunction is your second chance — and one of the most critical legal remedies available under Texas law.
FAQs
What does expunction mean in Texas?
Expunction, or expungement, is the legal process that erases your criminal record in Texas. Once granted, the record is destroyed, and you can legally deny that the arrest or charge ever occurred.
Who qualifies for an expunction in Texas?
You may qualify if your case was dismissed, never filed, or if you were found not guilty. Certain Class C misdemeanors with deferred adjudication can also be expunged, but DWI convictions and serious felonies typically cannot.
How long does it take to get an expunction in Texas?
Most expunctions take between 30 and 180 days, depending on the county and complexity of the case. Once finalized, all public and law enforcement records are permanently deleted from state databases.
Legal Sources
The information in this article was compiled from Michael & Associates' research, the American Bar Association, the Legal Information Institute at Cornell Law School, and the Texas Code of Criminal Procedure Chapter 55.
