San Antonio Expunction Lawyer: Clearing and Sealing a Texas Criminal Record

The leasing office is in a new complex off Loop 410, and the woman behind the desk is kind about it. The application was denied. The background report turned up an arrest, a theft charge from years ago, filed in Bexar County and later dismissed. The applicant explains that she never pleaded to anything, that the prosecutor dropped it. A dismissal ended the case. It did not end the record, and private companies buy and resell arrest records long after the charges are gone. This page is written by a San Antonio expunction lawyer for people in her position, and for people with a deferred adjudication or an old conviction.

Texas gives her, and people like her, two tools. An expunction, under Chapter 55A of the Code of Criminal Procedure, bars the release and use of an arrest's records, and afterward the person may deny that the arrest happened. It is mainly for cases that ended without a conviction or probation. An order of nondisclosure, under Government Code Chapter 411, Subchapter E-1, seals the record from the public but not from law enforcement. It is the tool for deferred adjudication and some convictions. Which one fits depends on how the case ended, and when.

Who qualifies for an expunction in Texas

Since January 1, 2025, the statute is Chapter 55A; older guides citing Article 55.01 point to a renumbered law.

The clearest case is an acquittal. A person found not guilty at trial is entitled to an expunction under Article 55A.002. The exception (Article 55A.151) is a conviction, or a still-possible prosecution, for another offense from the same criminal episode.

For arrests that never became convictions, Article 55A.051 opens this door only if the charge is no longer pending, there was no final conviction, and there was no court-ordered community supervision for the offense, except for a Class C misdemeanor. Deferred adjudication on a Class A, Class B, or felony charge is community supervision, even though the case is dismissed at the end, so that person looks to nondisclosure instead.

If no charge was ever filed, Article 55A.052 sets waiting periods from the date of arrest: 180 days for a Class C, one year for a Class B or A, three years for a felony. The wait ends sooner if the prosecutor certifies the records are not needed.

If a charge was filed and then dismissed, the rule is narrower. Article 55A.053 allows expunction when the dismissal followed a veterans treatment court, mental health court, or pretrial intervention program, or when the charge was filed because of "mistake, false information, or other similar reason indicating absence of probable cause," or was void. A dismissal for another reason usually means waiting until the statute of limitations runs (Article 55A.054), unless the prosecutor recommends expunction to the court (Article 55A.101). Courts generally look at the whole arrest, so a dismissed charge may not qualify if another charge from the same arrest ended in a conviction or probation. The applicant at the leasing office is likely in this group.

Expunction or nondisclosure: how the two compare

• Who qualifies: Expunction: acquittal; no charge filed; dismissal for a listed reason or after limitations runs. Nondisclosure: completed deferred adjudication; some first-time misdemeanor and DWI convictions.
• Waiting period: Expunction, no charge filed: 180 days (Class C), 1 year (Class B or A), 3 years (felony). Nondisclosure: deferred, 0, 2, or 5 years; misdemeanor conviction, 0 or 2 years; first DWI, 2, 3, or 5 years.
• What it does: Expunction: records may not be released or used, and the person may deny the arrest. Nondisclosure: record sealed from the public, still visible to police and listed agencies.
• Statute: Expunction: CCP arts. 55A.002, 55A.051–.054, 55A.401. Nondisclosure: Gov't Code §§ 411.072–.0736, 411.074, 411.0765.

What an order of nondisclosure does, and what it doesn't

Nondisclosure is a seal, not an eraser. The Department of Public Safety seals its records and forwards the order to agencies, courts, and the private companies that buy criminal history from the State (§ 411.075). The person need not mention the matter on job or licensing applications (§ 411.0755). But criminal justice agencies can still see it, as can listed licensing boards, schools, and certain employers (§ 411.0765), and a sealed conviction can be used in a later prosecution (§ 411.0775).

Eligibility turns on the kind of case. A first deferred adjudication for many misdemeanors, with listed exclusions, is sealed by the court itself once the person shows eligibility (§ 411.072). Other deferred cases require a petition, notice to the State, and a finding that sealing serves the interest of justice, after a wait of zero, two, or five years depending on the offense (§ 411.0725). A misdemeanor conviction may qualify for a person with no other record, unless the court finds the offense violent or sexual (§ 411.0735). A first DWI has three routes, each barred if the offense caused a collision involving another person: deferred adjudication, two years after discharge (§ 411.0726); probation after conviction, two years after completion with six months of ignition interlock, otherwise five (§ 411.0731); and a sentence without probation, three years with interlock, otherwise five (§ 411.0736). A conviction at the 0.15 level under Penal Code § 49.04(d) has no conviction route.

No one with an offense requiring sex-offender registration, a murder, any offense involving family violence, or one of a short list of other serious offenses may receive an order (§ 411.074). And the person must not pick up a new conviction or deferred adjudication, other than a fine-only traffic ticket, during the supervision or the waiting period.

A fine-only Class C charge dismissed after deferred disposition is generally expunctable, in a justice court or municipal court of record (Article 55A.252); a Class C conviction may be sealed once the sentence is complete.

How a Bexar County expunction case moves

An expunction is a civil proceeding, separate from the criminal case, and the person asking must prove each condition. The petition is filed in a Bexar County district court if the arrest or the alleged offense happened here (Article 55A.251). It must be verified and list every entity that may hold a record, from the arresting department and the Bexar County District Attorney's Office to private background-check companies (Article 55A.253). An entity left off the list may keep its copy.

The court sets a hearing no earlier than thirty days after filing and gives notice to each listed entity (Article 55A.254). If the person is entitled, the court enters the order. A nondisclosure petition goes to the court that handled the case: one of the Bexar County Courts at Law for a misdemeanor, or a district court for a felony.

Questions people ask about expunction in Texas

Can a dismissed case be expunged in Texas?

Sometimes, depending on why and when. If no charge was ever filed, the arrest can be expunged after a waiting period of 180 days to three years. If a charge was filed and dismissed, Article 55A.053 lists the qualifying reasons, such as completing a pretrial intervention program. Otherwise the person usually waits for the limitations period to run.

Can deferred adjudication be expunged in Texas?

No. Deferred adjudication on a Class A, Class B, or felony charge is court-ordered community supervision, and Article 55A.051 excludes it from expunction even after the case is dismissed. The usual route is an order of nondisclosure under Government Code § 411.072 or § 411.0725, which seals the record from the public.

Can a DWI be sealed in Texas?

A first DWI often can be. Deferred adjudication may be sealed two years after discharge (§ 411.0726). Probation after conviction waits two years with six months of ignition interlock, otherwise five (§ 411.0731); a sentence without probation waits three or five (§ 411.0736). A collision involving another person bars it, and a 0.15 conviction does not qualify.

After an expunction, do I have to disclose the arrest?

Under Article 55A.401, once the expunction order is final the person may deny that the arrest happened. The exception is sworn testimony in a criminal proceeding, where the person may say only that the matter has been expunged. A nondisclosure order is narrower: it excuses disclosure on most applications.

Back at the leasing office

Whether her dismissal can become an expunction depends on a file she has not seen in years. If it can, the petition goes to a Bexar County district court, and at the end she may say the arrest never happened. If it cannot yet, the limitations period marks the day it can, and until then the report will keep saying what it says. Finding out starts with the old file. Call (210) 201-3096, or send a message through the contact form. The theft and DWI pages cover those charges.

By Christian O. Vega, Attorney at Law

The Law Office of Christian Vega · 130 E Travis St, Suite 425, San Antonio, Texas 78205

Texas State Bar No. 24121180

This is an attorney advertisement. Christian O. Vega is responsible for the content of this page. Past results do not guarantee similar outcomes in any future case. The information here is general legal information about Texas law, not legal advice for your specific situation. Reading this page does not create an attorney-client relationship.