A Clean Start: Expunging Dismissed Criminal Charges in San Antonio, Texas
An arrest or criminal charge that was dismissed still haunts you. Every background check for a job, apartment, or professional license can bring it back to life, costing you opportunities and causing unnecessary stress. In Texas, you have a powerful legal right to remove this shadow from your past: an expunction (often called an expungement). For charges that were dismissed, dropped, or resulted in a “not guilty” verdict, expunction is the process of having all records of the arrest and court case legally destroyed—as if it never happened. At Barton & Associates, Attorneys at Law, our San Antonio expunction attorneys specialize in navigating this precise area of Texas law. We help individuals across Bexar County secure true legal fresh starts by permanently erasing the records of dismissed charges.
What is an Expunction? Legal Erasure Under Texas Law
An expunction is not merely “sealing” a record; it is the most complete form of record clearance available. Governed by Texas Code of Criminal Procedure, Chapter 55, a successful expunction legally:
- Destroys or returns to you all files and records related to the arrest and court case held by law enforcement agencies, courts, correctional facilities, and central state depositories like the Texas Department of Public Safety (DPS).
- Permits you to legally deny the arrest and court proceeding ever occurred on most employment, housing, and licensing applications.
- Obligates all agencies to remove the incident from their public databases and background check systems.
For a charge that was dismissed, expunction is the key to moving forward without the permanent, public stigma of an arrest record.
Are You Eligible? Key Pathways for Expunging Dismissed Charges in Texas
Eligibility is strict and fact-specific. The most common scenarios for expunging a dismissed charge under Texas law include:
1. Dismissal Without Any Conditions (Unconditional Dismissal)
If the prosecutor’s office formally dismissed the case against you (filed a “Motion to Dismiss”) and you did not accept any form of probation or diversion in exchange, you are likely eligible for expunction immediately after the dismissal is entered by the judge.
2. “No-Bill” by a Grand Jury
If your case was presented to a grand jury and they returned a “no-bill” decision (meaning they found insufficient evidence to indict), you are entitled to an expunction. This is true even if the arrest occurred years prior.
3. Acquittal or “Not Guilty” Verdict at Trial
If you were tried for the offense and found “not guilty” by a judge or jury, you have the right to expunge all records related to that charge.
4. Pardon or Post-Conviction DNA Exoneration
If you were convicted but later received a full pardon based on innocence or were exonerated through post-conviction DNA testing, you may be eligible for expunction.
5. Release Without Charges Being Filed
You may be eligible under a specific “catch-all” provision if you were arrested but no formal charges (indictment or information) were ever filed, and the statute of limitations for the offense has expired. For felony charges, this waiting period is generally three years from the date of arrest.
Critical Note: If you accepted deferred adjudication probation—even if you successfully completed it and the case was dismissed—you are NOT eligible for an expunction. Your remedy in that situation is typically an Order of Nondisclosure (record sealing), which is a different legal process.
The Step-by-Step Expunction Process in Bexar County
Securing an expunction is a formal lawsuit that requires meticulous attention to procedure. Missing a step or a required party can result in denial or delay.
Step 1: Comprehensive Case Evaluation & Records Audit
We begin by obtaining your complete criminal history from the Texas DPS and the FBI. We then gather the court documents from your dismissed case to verify the precise legal reason for dismissal and confirm your eligibility under the statute.
Step 2: Drafting and Filing the Petition for Expunction
We prepare a verified Petition for Expunction specific to your case facts and the applicable eligibility subsection of the law. This petition is a lawsuit filed in the district court of the county where you were arrested (e.g., Bexar County District Court). We must name as respondents every single agency that likely has a record of your arrest, including:
- The arresting police department (e.g., SAPD, Bexar County Sheriff)
- The Texas Department of Public Safety (DPS)
- The district or county attorney’s office that prosecuted the case
- The court where the case was filed
- Any jail or correctional facility that held booking records
Step 3: Serving Notice and the Court Hearing
Once filed, we must properly serve legal notice on all respondent agencies. A hearing date is set. While many uncontested expunctions are granted without a formal hearing, we are always prepared to argue your case before a judge if any agency objects (which is rare for a valid dismissal).
Step 4: Obtaining the Judge’s Order of Expunction
If the judge grants the petition, they will sign a Final Order of Expunction. This is a powerful and mandatory court order. We ensure the order is detailed, listing every agency by name and commanding them to:
- Destroy all files, records, and fingerprints.
- Remove all entries from their public databases and background check systems.
- Notify any other state or federal repository (like the FBI) to do the same.
Step 5: Ensuring Full Compliance
Our job doesn’t end with the signed order. We serve the order on every respondent agency and follow up to ensure compliance. We also obtain a final, cleared background check from the DPS for our clients to confirm the record has been eradicated.
Why Legal Representation is Essential for an Expunction
While the law provides the right to expunction, the process is a complex civil lawsuit with significant pitfalls.
- Identifying the Correct Legal Ground: Misstating the reason for eligibility in your petition is a common reason for denial. We analyze your case to file under the precise subsection of the law that applies.
- Naming All Necessary Parties: Failing to name an agency that holds records (like a specific jail) can leave those records intact, defeating the purpose. Our experience ensures all potential record-holders are included.
- Overcoming Procedural Hurdles: Agencies sometimes file objections or require specific language in the order. We handle these negotiations and legal arguments on your behalf.
- Managing Waiting Periods and Deadlines: Certain eligibility paths have waiting periods (like the statute of limitations rule). We calculate these accurately and file at the earliest possible moment.
The Barton & Associates Advantage in San Antonio Expunctions
- Local Bexar County Expertise: We know the specific filing requirements, court coordinators, and procedures of the Bexar County District Clerk’s office and local law enforcement agencies. This streamlines the process and prevents unnecessary delays.
- Meticulous, Thorough Approach: We conduct exhaustive audits to identify every record. We don’t cut corners, ensuring your expunction is complete and durable.
- Clear Communication: We guide you through each step, explaining what to expect and how long each phase typically takes. You are never in the dark.
Frequently Asked Questions About Expunging Dismissed Charges
Q: How long does the expunction process take in Texas?
A: From filing to receiving the signed order, an uncontested expunction typically takes 2 to 4 months in Bexar County. Ensuring all agencies comply with the order can add additional weeks. Complex cases or objections can take longer.
Q: What is the difference between an expunction and an order of nondisclosure?
A: An expunction destroys records. An Order of Nondisclosure seals them from the public but preserves them for certain government agencies. Expunction is available for dismissals and acquittals; nondisclosure is generally for completed deferred adjudication probation.
Q: Can I expunge a dismissed felony charge?
A: Yes. The eligibility rules are the same for misdemeanors and felonies. A dismissed felony is eligible for expunction under the same pathways outlined above.
Q: If my case was dismissed, do I need to wait?
A: For a straightforward dismissal with no probation, there is generally no waiting period. You can file as soon as the dismissal order is signed by the judge. For other pathways (like waiting for the statute of limitations), specific waiting periods apply.
Q: Will an expunction remove my record from private background check companies?
A: The court order compels government agencies to delete their records. We also provide you with the signed Order of Expunction, which you can send to private background check companies to demand they update their databases, as required by the Fair Credit Reporting Act (FCRA).
Take the First Step Toward Your True Fresh Start
A dismissed charge should not define your future. The Texas expunction law exists to provide justice and a clean slate for those who were not convicted. If you have had a criminal charge dismissed, no-billed, or you were found not guilty in the San Antonio area, you may have the right to permanently erase it.
Contact Barton & Associates, Attorneys at Law today at 210-500-0000 for a confidential case evaluation. We will review your situation, determine your eligibility for expunction, and explain the clear path to legally denying that the arrest ever occurred. Your future is worth protecting.
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
