How Long Does it Take to Get Your Record Expunged in Texas?

Once you’re eligible, plan on at least two months from the day the petition is filed to the day the order reaches the agencies holding your records, and longer if an agency objects or the court’s docket is slow. The court can’t hear the petition sooner than 30 days after filing, and the clerk can’t send the order out until it’s final, which takes roughly another 30. The bigger variable is when you become eligible in the first place. Depending on how your case ended, that can be right now, a year from now, years from now, or never. Call (713) 664-4000 and we’ll tell you which one you’re looking at. Under Chapter 55A of the Texas Code of Criminal Procedure, which replaced the old Article 55.01 on January 1, 2025, you may be able to have an arrest expunged from your record if:

• You were arrested and no indictment or information was ever presented, once the waiting period for that grade of offense has run (Article 55A.052).
• A charge was filed and then dismissed or quashed for one of the reasons the statute lists, including completion of a pretrial intervention program or an absence of probable cause (Article 55A.053).
• The limitations period expired, so you can no longer be prosecuted (Article 55A.054).
• You were tried and acquitted (Article 55A.002).
• You were convicted and later pardoned, or the charge came from someone else using your identity (Articles 55A.003, 55A.004 and 55A.006).

An alcohol offense committed as a minor runs on a separate track. Under Alcoholic Beverage Code § 106.12, a person convicted of no more than one violation of that code as a minor can apply to the convicting court on turning 21 and have it expunged, which is a different filing from a Chapter 55A petition. Other circumstances also affect whether something can come off your criminal record. Work with a Houston expunction lawyer who can handle the expungement for you. They’ll make sure your request meets every court requirement and deadline.

How long the court process takes

An expunction is a civil case you file against the agencies holding your records, and Chapter 55A sets its pace. Under Article 55A.254(a), the court has to set the hearing no earlier than 30 days after the petition is filed, and every agency listed in the petition gets notice. When no agency objects, the hearing is usually a formality and the judge signs an agreed order.

Signing isn’t the finish line. Article 55A.351(a) has the clerk send the order out only once it’s final, and a civil judgment isn’t final until the time to appeal has run, generally 30 days after it’s signed. Then each agency listed has to return or obliterate the records and delete its index references under Article 55A.353, and DPS notifies the private background check companies that buy its data under Article 55A.352(c).

The petition has to name every agency that may hold a record of the arrest: the arresting agency, the jail, the DA, the clerk, DPS, and anyone else that touched it. An agency that isn’t named isn’t ordered to do anything, which is how an expunged arrest ends up still showing on a background check a year later. Getting that list right the first time is most of the work.

An acquittal moves faster. Under Article 55A.201, if you ask, the trial court has to enter the expunction order within 30 days of the acquittal.

Crimes that Qualify for Expungement

The type of crime you are looking to remove from your criminal record plays into the expungement process. Not all crimes are eligible for immediate expungement, however. A Class C that ended in a dismissal, including one dismissed after deferred disposition, is usually expungeable once the 180-day wait runs. A Class C ticket you simply paid is a conviction, and a conviction can’t be expunged, other than a minor’s alcohol offense under Alcoholic Beverage Code § 106.12, covered above. Again, many details of your case may influence your eligibility to have a crime expunged from your record. For instance, if you were arrested on felony charges, but were never formally charged with a crime, you may be able to have this arrest expunged from your criminal record. Those waiting periods are set by Article 55A.052. They apply where you were arrested and no indictment or information was ever presented, they run from the date of the arrest, and the length depends on the grade of the offense you were arrested for:

• 180 days for a Class C misdemeanor
• One year for a Class B or Class A misdemeanor
• Three years for a felony

Waiting is not the only route. If the prosecutor certifies that the arrest records are not needed for any criminal investigation or prosecution, the waiting period does not apply, and that certification is worth asking for rather than sitting out the clock. Those periods only apply when you were arrested and no charge was ever filed. Once an indictment or information has been presented, you are on a different track and the wait can be much longer. If the charge was dismissed for one of the reasons Article 55A.053 lists, there is no waiting period at all. That list covers completion of a pretrial intervention program, a veterans treatment court program or a mental health court program, a dismissal because of mistake or false information showing there was no probable cause, and a void charging instrument. If the case was dismissed for any other reason, there are two routes. The first is the prosecutor. Under Article 55A.101(a)(2), the court may expunge the arrest if the prosecutor’s office recommends it before trial, whether or not charges were ever filed. Both the recommendation and the order are discretionary, which is why the time to ask for it is while the dismissal is being negotiated. The second is Article 55A.054, which opens only when prosecution is no longer possible because the limitations period has run. Those periods are set offense by offense in Chapter 12 of the Code of Criminal Procedure: two years for a misdemeanor, three years for most felonies, five for theft, robbery and kidnapping, seven for most fraud offenses, ten years for several others, and twenty years from the victim’s eighteenth birthday for a number of offenses against children. For murder, manslaughter, continuous sexual abuse of a young child, and sexual assault where the biological evidence was never tested or does not match anyone, Article 12.01(1) sets no limitation at all, which means that route never opens. So the offense does change how long you wait. It just does it through the limitations period rather than through any schedule written into the expunction statute. A criminal defense lawyer in Houston, TX can review your record to determine if you qualify for expungement. However, sorting out the details associated with your arrest can take time.

A Criminal Offense Can Have Long-Term Effects on Your Life

Your arrest might not have led to a charge or conviction. Yet, your criminal record still might show that you were arrested. Many people are surprised to learn that even being arrested for a crime could follow them for many years, even if it did not result in any long-lasting consequences. The Texas Department of Public Safety (TxDPS) notes that some parts of your criminal record may be public. Having any arrest on your criminal record could impact your ability to:

• Rent an apartment
• Apply for a student loan
• Apply for a job
• Volunteer with children

These are a few examples of how having an arrest record can impact your life. You reasonably want to take actions that work to promote your goals and ambitions. You should consider speaking with a criminal defense lawyer to determine whether expunging your record is possible.

The Expungement Process in Texas

When you hire a defense lawyer, their job is to look at your legal options and figure out whether anything on your criminal record can be expunged. If it can, they’ll start by filing a Petition for Expunction with the appropriate courts. You’ll need to include several pieces of information, including the date you were arrested, the nature of the offense, the law enforcement agencies involved and any courts that handled your case. Assuming no agencies oppose your expunction, we’ll get an agreed order circulating among all of the agencies. By the time your case gets to court, there’s usually an agreed order ready, and the judge only has to sign it. If an expungement is not possible in your case, you may be eligible to petition for an order of nondisclosure. This would not completely eliminate all mention of your offense from your criminal record, but it would make this information only available to the government and specifically authorized agencies. Expunging something from your criminal record can be a liberating experience. Although unlikely, it could be a stressful one. This is where a criminal defense lawyer can handle the obligations that go into promoting a successful outcome. They can manage the paperwork involved in your case, stand with you in court, and explain the feasibility of any legal options that you may have.

Let Blass Law Help You Expunge Your Record

How long it takes to get a record expunged in Texas will ultimately depend on your individual circumstances and the county where it occurred. In your situation, expungement may be possible. When this process is successful, it can alleviate your stress and open up new opportunities. Let Blass Law manage the details of your expungement request. We can:

• Figure out if you’re eligible to have the arrest expunged
• Draft your petition for expunction of criminal history
• File the petition in the appropriate court
• Serve the petition on all of the agencies involved in your arrest
• Represent you in court
• Explain to a judge why you are legally entitled to have your record expunged

For more information about how we can help you with the expungement process, call Blass Law now at (713) 664-4000.

Want the clock started sooner? Our Houston expunction lawyer can confirm your eligibility in one call.