Clearing An Arrest Record
Crim. Proc. art. 55A.052 — acquittal, dismissal, or no charge after a wait
Texas expunction reaches the records and files of an arrest. A person tried and acquitted by the trial court is entitled to it. So, in the cases the chapter lists, is a person who was arrested and released, whose charge did not end in a final conviction and is no longer pending, and who had no court ordered community supervision for the offense other than for a Class C misdemeanor.
| No charging instrument presented, for an arrest punishable as | Time since the arrest |
|---|---|
| No charging instrument presented, for an arrest punishable asA Class C misdemeanor, with no related felony charge | Time since the arrestAt least 180 days |
| No charging instrument presented, for an arrest punishable asA Class B or A misdemeanor, with no related felony charge | Time since the arrestAt least one year |
| No charging instrument presented, for an arrest punishable asA felony, or with a related felony charge | Time since the arrestAt least three years |
| No charging instrument presented, for an arrest punishable asAny, where the prosecutor certifies the records are not needed | Time since the arrestNo waiting period |
- A charge dismissed or quashed because the person completed a veterans treatment court, a mental health court or a pretrial intervention program, the first two only once.
- A charge dismissed or quashed because it was presented by mistake, on false information, or for a similar reason showing no probable cause, or because it was void.
- Prosecution no longer possible because the limitations period has expired.
Petitions, hearings and exceptions, such as a conviction arising from the same criminal episode, are in other articles of the chapter not set out here. Orders of nondisclosure, which cover some deferred adjudication cases, are in the Government Code.
Sources for this section (5)
- Crim. Proc. art. 55A.051 — Applicability of the subchapter on arrests that end without conviction
- Crim. Proc. art. 55A.052 — Expunction where no indictment or information was presented
- Crim. Proc. art. 55A.002 — Expunction following trial court acquittal
- Crim. Proc. art. 55A.053 — Expunction where the indictment or information was dismissed or quashed
- Crim. Proc. art. 55A.054 — Expunction on expiration of the limitations period
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.