How to Expunge Dismissed Charges, 'No Bills,' and Acquittals in Texas

A common misconception in the Texas criminal justice system is that if a judge dismisses your case, your record is automatically wiped clean. This is entirely false. Even if you are proven completely innocent, the record of your arrest, your mugshot, and the criminal charges will remain visible on public background checks for the rest of your life. Every time you apply for a job, sign a lease, or volunteer at your child's school, that arrest will surface.

The only legal way to destroy these records is to obtain a formal Order of Expunction. While you may be entitled to an expunction, the process is highly technical and requires serving legal notice to every individual agency that holds a copy of your file. To ensure your arrest is completely erased from all databases, you should hire a skilled legal professional. Find a criminal defense attorney in our US Lawyers Directory to handle your expunction.

How to Clear Non-Convictions in Texas

Whether you were cleared of charges in Houston, Dallas, or McKinney, you are utilizing Tex. Code Crim. Proc. art. 55A.051. This statute dictates exactly which types of non-convictions qualify for complete destruction.

Straight Dismissals by Prosecutorial Discretion

Prosecutors frequently dismiss cases due to a lack of evidence, missing witnesses, or constitutional violations (such as an illegal search). If the Harris County District Attorney's Office, Houston files a formal dismissal (often called a 'Motion to Dismiss'), you generally qualify for an expunction. The Texas Supreme Court addressed complex multi-charge arrests in State v. T.S.N., 547 S.W.3d 617 (TX Supreme Court 2018) and Ex parte R.P.G.P., 623 S.W.3d 313 (TX Supreme Court 2021), rejecting the rigid 'arrest-based' rule and establishing an offense-based approach that can allow expunction of an acquitted or dismissed charge even if another offense from the same arrest resulted in a conviction.

Grand Jury 'No Bills'

In felony cases, a prosecutor must present the evidence to a Grand Jury to obtain an indictment. If the Grand Jury determines there is not enough evidence to proceed, they issue a 'No Bill.' A No Bill completely terminates the prosecution, making you eligible for an expunction. However, because felonies have long statutes of limitations, the waiting period to file your petition can be significant.

Pre-Trial Diversion Program Completions

Many counties in Texas offer Pre-Trial Diversion (PTD) or Pre-Trial Intervention (PTI) programs for first-time, low-level offenders. Unlike Deferred Adjudication (which requires a guilty plea), PTD is a contract with the prosecutor. If you complete the required classes, community service, and drug tests, the prosecutor voluntarily dismisses the case. Successfully completing a PTD program is one of the most common ways people qualify for a full expunction.

Statutory Waiting Periods Based on Statute of Limitations

Unless you went to a full jury trial and were found 'Not Guilty' (acquitted)-in which case you can file for an expunction immediately under Tex. Code Crim. Proc. art. 55A.002-you are usually subject to mandatory waiting periods.

Misdemeanor Waiting Periods

Under Tex. Code Crim. Proc. art. 55A.052, when an indictment or information has not been presented against you, you must wait for a statutory waiting period from the arrest date before seeking expunction. For a Class C misdemeanor (like public intoxication or minor theft), the waiting period is 180 days. For Class A and Class B misdemeanors (like DWI, assault, or possession of marijuana), the waiting period is a full 1 year. However, if formal charges were filed and later dismissed, expunction eligibility is governed by Tex. Code Crim. Proc. art. 55A.053 (such as immediate expunction following completion of a pre-trial diversion program or lack of probable cause) or Tex. Code Crim. Proc. art. 55A.054, which requires waiting until the applicable statute of limitations expires.

Felony Waiting Periods

When an indictment is never presented by a grand jury, the statutory waiting period under Tex. Code Crim. Proc. art. 55A.052 is 3 years from the date of arrest. If an indictment was presented and subsequently dismissed without qualifying reasons under Tex. Code Crim. Proc. art. 55A.053, you must wait until the full statute of limitations under Tex. Code Crim. Proc. art. 12.01 expires before petitioning for expunction under Tex. Code Crim. Proc. art. 55A.054. For severe crimes with extended limitation periods-or offenses with no statute of limitations, such as murder-prosecutors can object to the expunction under Tex. Code Crim. Proc. art. 12.01 if the state intends to preserve prosecution.

How Much Does an Expunction Cost in Texas?

Filing an expunction requires notifying multiple government agencies, which increases court fees.

How Long Does the Expunction Process Take?

Once your attorney drafts an Original Petition for Expunction in accordance with Tex. Code Crim. Proc. art. 55A.251 and Tex. Code Crim. Proc. art. 55A.253 and files it with an office like the Collin County District Clerk's Office, McKinney, a hearing is scheduled at least 30 days out. If approved, the judge signs the final order. From there, it can take up to 6 months for the Texas Department of Public Safety (DPS), local jails, police departments, and the FBI to physically destroy the files and remove them from their digital databases.

Frequently Asked Questions (FAQ)