How to Expunge a Felony in Texas

HomeLegalBackground Checks & Criminal RecordsExpunge a Felony RecordHow to Expunge a Felony in Texas

Texas allows you to expunge criminal records. Texas allows you to expunge a felony or misdemeanor from your criminal record. For example, after you've completed your deferred adjudication community supervision, you can petition the court to expunge the felony from your criminal record. An expunged record prohibits Texas state agencies from disclosing information to the public about the felony. Also, you won't have to tell anyone that you were arrested for a felonious crime, because the information is deleted from your criminal record. To expunge the felony, you must follow the rules outlined in Chapter 55 of the Texas code of criminal procedure.

Difficulty:Moderately Challenging1

Meet requirements. You can obtain an expungement in Texas immediately when you've been acquitted or convicted and pardoned. If convicted, the state requires you to wait at least five years from the date of the arrest to remove the felony from your record.

2

Obtain a copy of your criminal history. Go to the Texas Department of Public Safety and request a copy of your criminal history. You need the information to assist with creating the expungment petition.

3

Write the petition for expunction. Include information about the request, such as where you were arrested and where the offense occurred. Also, provide your personal information, such as gender, race, driver's license number and date of birth. Explain why the offense should be eliminated from your record.

4

File the petition. You must file the petition in the Texas district court where you were arrested or the offense happened. For instance, if you live in San Antonio, but the arrest happened in Dallas, you must petition the district court in Dallas.

5

Attend the hearing. You may have to explain why you're seeking the expungement. For example, if you were acquitted of the felonious crime, explain that to the judge.

If Texas grants your expungement petition, the clerk of court sends a certified copy of the order to the Department of Public Safety's Criminal Records Service. Copies are also forwarded to any other governmental agency which requires the information. If you were wrongly arrested for a crime, you contact the district attorney in the county where you live. The law may allow you to file an application for expunction.

Expunging a felony from your criminal record may be a daunting task. The Texas Department of Public Safety may oppose you petition for expungement. At the hearing, the Department may outline the reasons why the judge shouldn't grant your petition.

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