For many people in South Texas, a past arrest or charge can feel like a cloud that follows them everywhere—affecting job opportunities, college applications, housing, and even peace of mind. The good news is that Texas law gives certain individuals the opportunity to clear their criminal record through a process called an expunction (or expungement).

At Garza Martinez, PLLC, we help clients across South Texas and the Rio Grande Valley understand their options and take control of their future. Here’s what you need to know about how expunctions work in Texas.

What Is an Expunction?

An expunction is a legal process that permanently removes qualifying criminal records from your history. Once a record is expunged:

• The arrest and case information are destroyed
• Background checks will not show the offense

It is one of the most powerful tools for clearing your name—but only certain cases qualify.

What Charges Qualify for Expungement in Texas?

Texas allows expunction for specific situations where a person was never convicted. You may qualify if:

• You were arrested but never charged
• Your case was dismissed
• You were found not guilty (acquitted)
• You received a pardon from the Governor
• You completed pre-trial diversion programs
• The charge qualifies as a Class C misdemeanor with deferred adjudication

Some common situations that can be expunged include:

• Dismissed assault or theft charges
• DWI/DUI arrests that did not result in conviction
• Certain juvenile offenses
• Arrests made due to identity theft

What Charges Do Not Qualify for Expungement?

Texas law does not allow expunction of any record where you were convicted, except in rare circumstances involving pardons. You generally cannot expunge:

• Convictions, even for misdemeanors
• Felony convictions
• Cases where you completed deferred adjudication for anything above a Class C misdemeanor
• Probation cases (community supervision)
• Any offense that resulted in a final conviction

If you don’t qualify for an expunction, you may still qualify for a different remedy called a nondisclosure, which seals—rather than destroys—the record.

How Many Charges Can Be Expunged?

There’s no strict numerical limit in Texas. You can expunge:

• One record
• Multiple separate arrests
• All eligible charges within a single arrest event

The key is that each charge must independently meet the legal qualifications. Your attorney will review your full criminal history to determine which arrests or cases are eligible.

Timeline: How Long Does the Expungement Process Take?

The timeframe varies based on the type of case and county, but here are general guidelines in Texas:

1. Waiting Periods Before Filing

• No charges filed: 180 days for Class C misdemeanors
• No charges filed: 1 year for Class A and B misdemeanors
• No charges filed: 3 years for felonies

If your case was dismissed or you were acquitted, the waiting period may not apply—or your attorney may be able to petition early.

2. Court Processing Time

• Typically 30–90 days after filing
• A hearing may be scheduled depending on the judge

3. Record Destruction

• Agencies have up to 60 days after the order is signed to destroy your records

In most cases, the full expunction process takes three to six months from start to finish.

Why Having a Lawyer Matters

Expunctions are technical and paperwork-heavy. A mistake can delay your case or cause it to be denied. Our team at Garza Martinez, PLLC handles the entire process—from eligibility review to filing and final orders—so you can move forward confidently.

Ready to Clear Your Record? We’re Here to Help.

If you think you may qualify for an expunction—or if you’re unsure—reach out to us. We’re here to guide you through every step with honesty, clarity, and support.

Garza Martinez, PLLC
202 E. Sprague Street
Edinburg, Texas 78539
(956) 335-4900

cecilia@garzamartinezlaw.com 
garzamartinezlaw.com

Our South Texas team is committed to helping you take the next step toward a clean slate and a brighter future.