Expunging a Felony Arrest in Texas: The “Second Chance” Early Expunction Under Art. 55.01a

You were arrested for a felony, but the prosecutor’s office never formally filed charges. Months or years have passed, and you live with the anxiety that this arrest will surface on a background check, derailing your career and future. Texas law recognizes the profound injustice of this situation and provides a specific legal remedy: the “Second Chance” Early Expunction for certain felony arrests. Governed by Texas Code of Criminal Procedure Article 55.01a, this statute allows for the complete destruction of records related to a felony arrest if you were never formally charged and the time for the state to do so has permanently expired. At Barton & Associates, Attorneys at Law, our San Antonio expunction attorneys are experts in this nuanced area of law. We help clients across Bexar County navigate the precise eligibility requirements to legally erase the record of a felony arrest and move forward with a truly clean slate.

The Problem: The Limbo of a Felony Arrest Without Charges

An arrest creates immediate public records—jail booking photos, fingerprints, and arrest reports. When the District Attorney’s office decides not to pursue charges (by rejecting the case at intake or taking it to a grand jury that returns a “no-bill”), the case is dismissed or never filed. However, for felonies, the standard expunction waiting period can be exceptionally long—you must typically wait for the statute of limitations to expire, which can be 3, 5, or even 10 years depending on the alleged offense.

Until then, that felony arrest remains a public record, often labeled “arrest only” or “rejected by DA,” but it carries the same damaging stigma as a conviction in the eyes of employers, landlords, and licensing boards. Article 55.01a was created to address this specific “limbo” period for individuals who pose no threat and against whom the state has chosen not to proceed.

What is an Early Expunction Under Article 55.01a?

An expunction under this statute is the full, legal erasure of all records related to the arrest. Unlike a nondisclosure (sealing), an expunction destroys or returns the files and legally permits you to deny the arrest ever occurred in most contexts.

This “early” pathway allows for expunction before the standard statute of limitations waiting period has passed, provided you meet a stringent set of alternative criteria designed to show you are a law-abiding citizen who deserves a second chance.

The Complex Eligibility Criteria: A Multi-Part Test

Successfully expunging a felony arrest under Art. 55.01a requires meeting every condition of a multi-part test. There is no room for error in this analysis.

Part 1: The Foundation – An Uncharged Felony Arrest

• You must have been arrested for a felony offense.
• The arrest must have been for one single, specific incident (not multiple arrests).
• No charges were ever filed. This means:
  • The District Attorney rejected the case at intake and filed no formal charges (an “information” or “indictment”).
  • OR, the case was presented to a grand jury, which returned a “no-bill.”
  • The court case must have been dismissed or quashed because no charges were filed, or you must have a written notice from the DA confirming they will not prosecute.

Part 2: The “Second Chance” Qualifications – Proving Your Character

This is the heart of the statute. Because you are seeking relief early, you must affirmatively prove you deserve it. You must meet ALL of the following personal criteria:

• You have never been previously convicted of a felony.
• You have never been previously convicted of a misdemeanor involving moral turpitude (a broad category including crimes like theft, fraud, and assault).
• You have not been convicted of any other crime (felony or misdemeanor) related to or arising from the same arrest episode you wish to expunge.
• There are no other pending criminal charges against you at the time of filing the petition.
• You are not currently subject to registration as a sex offender for any reason.

Part 3: The Timing Requirement – A Limited Window

You must file your petition within a specific timeframe:

• The petition must be filed on or after the first anniversary of the date of the arrest.
• However, you cannot wait too long. You must file before any statute of limitations for the alleged offense has expired. For example, if arrested for a felony with a 3-year statute of limitations, you must file between year 1 and year 3 after your arrest date.

The Critical, Discretionary Hurdle: The Court’s “Good Cause” Determination

Even if you meet every objective criterion above, the law does not guarantee the expunction. The judge has significant discretion. The statute states that if you meet all conditions, the court “shall” grant the expunction unless the prosecutor presents evidence establishing “good cause” why the expunction should not be granted.

What is “good cause”? The law does not define it, making this the most contested part of the process. Prosecutors may argue “good cause” exists if they believe:

• You were factually guilty but they lacked sufficient admissible evidence to prove it at trial.
• New evidence has since come to light.
• The expunction would harm an ongoing, related investigation.
• The nature of the alleged offense was so severe that the public has an interest in maintaining the record.

Overcoming a “good cause” objection requires skilled, persuasive advocacy. We must convince the judge that your demonstrated law-abiding life, the state’s initial decision not to charge, and your right to move forward outweigh any speculative concerns from the state.

The Step-by-Step Legal Process in Bexar County

Filing under Art. 55.01a is a complex civil lawsuit requiring meticulous preparation.

Step 1: The Comprehensive Audit and Investigation
We begin by obtaining your complete Texas and FBI criminal history. We then gather all documents related to the arrest: the police report, jail release paperwork, and official letters or court orders showing the case was rejected or no-billed. We conduct a thorough analysis to confirm you meet each prong of the eligibility test.

Step 2: Drafting the Verified Petition
We draft a detailed Petition for Expunction Under Article 55.01a. This petition must be “verified,” meaning you sign it under oath. It will:

• Detail the facts of the arrest.
• Cite the legal basis for eligibility under each subsection of Art. 55.01a.
• Affirm, under oath, your compliance with all the “second chance” personal criteria.
• Include your FBI and DPS criminal history reports as exhibits to prove you have no disqualifying convictions.

Step 3: Filing, Serving, and the Mandatory Hearing
We file the petition in the Bexar County District Court. We must serve the petition on every agency with records: the arresting police agency, the Bexar County District Attorney, the Texas DPS, the sheriff’s office, and any jail facility. A hearing is always required. The District Attorney’s office will almost always appear and often will initially object.

Step 4: The Contested Hearing and Advocacy
We represent you at the hearing. We are prepared to:

• Argue that you have met every statutory condition.
• Present your clean criminal history as proof of your character.
• Anticipate and counter the state’s “good cause” arguments, emphasizing the lack of prosecution and your right to be free from the lifelong burden of an uncharged arrest.
• Present you as a credible, rehabilitated individual worthy of the court’s grace.

Step 5: Securing the Order and Ensuring Compliance
If the judge grants the petition, we ensure the Final Order of Expunction is meticulously drafted to list every agency. We serve the order and follow up to guarantee all records—from the jail booking photo to the arrest report—are destroyed or returned.

Why Legal Representation is Non-Negotiable

The Art. 55.01a process is arguably the most complex expunction pathway.

• Navigating the “Moral Turpitude” Minefield: Defining which prior misdemeanors disqualify you requires careful legal analysis.
• Building a Bulletproof Record: Your petition must be perfect. Any error in the sworn statements or omitted exhibit can lead to denial.
• Winning the “Good Cause” Battle: This is litigation. You need an advocate who can persuasively debate the prosecutor in court and persuade the judge.

The Barton & Associates Advantage

• Mastery of the Niche Statute: We have dedicated experience with Art. 55.01a petitions and understand how Bexar County judges and prosecutors interpret the “good cause” standard.
• Former Prosecutorial Insight: We know how the District Attorney’s office builds its objections, allowing us to preemptively address their concerns in our petition and arguments.
• Thorough and Aggressive Approach: We leave no stone unturned in preparing your case, giving you the strongest possible chance to overcome prosecution objections and secure your expunction.

If you were arrested for a felony but never charged, you have a right to fight for a clean record.

Don’t let an unproven allegation define your future. The “Second Chance” expunction exists for people in your exact situation.

Contact Barton & Associates, Attorneys at Law at 210-500-0000 for a confidential and thorough case evaluation. We will obtain your criminal history, analyze your arrest documents, and provide you with a clear, honest assessment of your eligibility to expunge your felony arrest in San Antonio, Austin or Corpus Christi, Texas under Article 55.01a.

Main Category: Criminal Defense
Practice Area Category: Expungement & Sealing
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000