A Complete Guide to Expunction in San Antonio: Clearing Your Criminal Record

Understanding Expunction: Your Path to a Clean Slate in Texas

In Texas, an arrest creates a permanent record that can follow you for life, even if you were never charged, the case was dismissed, or you were found not guilty at trial. This record—separate from a conviction history—can be accessed by employers, landlords, licensing boards, and financial institutions, creating invisible barriers to employment, housing, education, and professional advancement. At Barton & Associates, Attorneys at Law, we understand that an old arrest, even for a minor offense, can feel like a life sentence of missed opportunities and social stigma. The state of Texas provides a legal remedy for this injustice: expunction. An expunction, governed by Texas Code of Criminal Procedure Art. 55.01, is a powerful court order that commands all governmental agencies to permanently destroy or seal the records related to a specific arrest. It is the closest thing to a legal “undo” button, creating the fiction that the arrest never happened. For those eligible, it is a vital process to reclaim your reputation, your privacy, and your future.

Navigating the expunction process is complex, technical, and fraught with potential pitfalls. The law draws fine distinctions between those who are entitled to expunction and those who may be eligible under specific circumstances. A single error in your petition—misstating a date, omitting a required agency, or filing prematurely—can result in a denial from the court and may even prejudice your ability to file again. Furthermore, the state imposes mandatory waiting periods for certain cases, and a broad range of offenses can disqualify you entirely. This is not a process to undertake without expert guidance. At Barton & Associates, our experienced attorneys leverage our deep knowledge of Texas criminal procedure to meticulously evaluate your eligibility, prepare a flawless petition, and advocate forcefully in court to secure the fresh start you deserve.

Who Qualifies for Expunction in Texas? Understanding “Entitlement” vs. “Eligibility”

Texas law creates two primary pathways to expunction: those who are entitled (a stronger legal right) and those who may be eligible under narrower circumstances. Understanding where you fall is the critical first step.

You Are ENTITLED to an Expunction If:

Your right to expunction is clearest in these scenarios, meaning the court must grant it if you properly file and prove your case.

• Acquittal: You were tried and found not guilty by a judge or jury.
• Pardon or Actual Innocence: You were convicted but later pardoned or a court found you actually innocent.
• Dismissal with Statute of Limitations Expired: The charges against you were dismissed, and the statute of limitations for re-filing the case has expired. (You cannot file until the limitation period passes).
• Arrest Without Charge (“No-Bill”): You were arrested but the case was never formally charged by a grand jury or prosecutor. However, you must satisfy specific waiting periods (see below).

You May Be ELIGIBLE for an Expunction If:

These scenarios grant the court more discretion, and success often depends on the specific facts and skilled legal argument.

• Acquittal on Appeal: You were convicted at trial but later acquitted by the Court of Criminal Appeals or a Court of Appeals.
• Prosecutor-Recommended Expunction: The attorney prosecuting the case recommends expunction in the interest of justice.

Critical Disqualifiers: Who Does NOT Qualify for Expunction

It is equally important to understand the strict limitations Texas law places on expunction. Even if your case ended favorably, you will likely be denied expunction if any of the following apply:

• You Received Deferred Adjudication or Adult Probation: Successfully completing deferred adjudication for an offense as an adult does not make you eligible for expunction. Your remedy in this situation is generally an Order of Nondisclosure, a different process.
• You Have a Recent Felony Conviction: If you have been convicted of a felony in the five years preceding the arrest you wish to expunge, you are disqualified.
• Part of a “Criminal Episode”: The arrest you want expunged is part of a larger “criminal episode,” and you have pending charges or a conviction for another offense from that same episode.
• Failure to Appear (“Jumped Bail”): You failed to appear in court as required.
• Felony Dismissal Before Statute of Limitations Expires: For a dismissed felony charge, you must wait until the statute of limitations period has fully expired before you can file.

What Crimes Can Be Expunged? From DWI to Domestic Violence

Expunction is not offense-specific; it is outcome-specific. This means a wide variety of charges can potentially be expunged if the legal resolution meets the criteria above. The list of eligible offenses is extensive and includes, but is not limited to:

• DWI / DUI Offenses: DWI, Felony DWI, Intoxication Assault, Intoxication Manslaughter, Boating While Intoxicated.
• Drug Crimes: Drug Possession.
• Violent Crimes: Assault, Aggravated Assault, Domestic Violence, Kidnapping, Terroristic Threats, Manslaughter.
• Theft and White-Collar Crimes.
• Other Misdemeanors & Felonies: Prostitution, Disorderly Conduct, Evading Arrest, Obstructing a Highway.

The key is not the name of the charge, but how the case was ultimately resolved. An aggravated assault charge that was dismissed after the statute of limitations expired may be expungable, while a Class C theft where you received deferred adjudication is not.

Mandatory Waiting Periods in Texas

If you were arrested but never formally charged (the case was “no-billed” or rejected), you must wait a mandatory period before filing your expunction petition. This waiting period runs from the date of your arrest:

• Class C Misdemeanor: 180 days
• Class A or B Misdemeanor: 1 year
• Felony: 3 years

There is no waiting period if you are entitled to expunction based on an acquittal, pardon, or certain dismissals.

The Step-by-Step Expunction Process in Texas

The expunction process is a formal legal proceeding that demands precision. As outlined in the Texas Code of Criminal Procedure, it involves multiple critical steps:

1. Case Evaluation & Eligibility Determination: An attorney will review the final disposition of your case, your complete criminal history, and any waiting periods to confirm your eligibility and identify potential obstacles.
2. Drafting and Filing the Petition: Your attorney will prepare a detailed Petition for Expunction. This document must include exact personal information, the specific cause number, court, arresting agency, date of arrest, and a complete list of all entities that may possess records (police departments, sheriff, DPS, FBI, courts, etc.).
3. Notice and Hearing: A hearing date is set, and official notice must be provided to all relevant state agencies (the District Attorney’s Office, the arresting agency, the Texas Department of Public Safety, etc.), giving them an opportunity to object.
4. Court Hearing: You and your attorney will attend a hearing before a district court judge. Your attorney will present the verified petition and legal argument. If the state does not object and the judge is satisfied, they will sign the Order of Expunction.
5. Service of the Order: The signed order must be served on every single agency named in the petition. These agencies then have a legal duty to comply.
6. Agency Compliance & Final Verification: By law, agencies have 60 days to destroy or return all files to the court clerk. After this period, your attorney can help you obtain a copy of your official criminal history record from the Texas DPS to verify that the arrest has been removed.

Why You Need an Attorney: The Risks of a DIY Expunction

Attempting to file an expunction petition without an attorney is extremely high-risk. The forms are deceptively simple, but the procedural and substantive requirements are not.

• Technical Errors Lead to Denial: Omitting a required agency, misstating a date, or filing in the wrong court will result in a denial. Some errors can legally preclude you from ever filing again for that same arrest.
• Navigating Agency Objections: Prosecutors or law enforcement agencies may file objections to your petition. An attorney is essential to argue against these objections and protect your rights in court.
• Ensuring Complete Compliance: An attorney ensures the order is properly drafted, served on all necessary entities, and that you have a method to verify full compliance, giving you true peace of mind.

The Life-Changing Benefits of a Successful Expunction

Once an expunction is granted and agencies have complied, you regain the rights and opportunities lost to an arrest record.

• Legal Right to Deny the Arrest: You may legally state that the arrest never occurred on employment, housing, or loan applications.
• Employment & Licensing: The arrest cannot be used to deny you a job, promotion, or professional license (e.g., medical, nursing, law, real estate).
• Housing & Credit: Landlords and financial institutions will not have access to the expunged record.
• Personal Peace & Privacy: The mugshot, fingerprints, and police reports are destroyed, restoring your dignity and privacy.

Take the First Step Toward Your Fresh Start

If you have an arrest on your record that did not lead to a final conviction, you may be carrying an unnecessary burden. The expunction process is your legal right to remove that burden forever.

Do not gamble with your future by attempting this complex process alone. Contact Barton & Associates, Attorneys at Law today at 210-500-0000 for a confidential consultation. Our experienced Texas expunction attorneys will provide a clear analysis of your eligibility, explain the entire process, and begin building the meticulous case needed to clear your name and unlock your future.

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