How Long Does It Take To Get a Texas Criminal Record Expunged?

 Posted on January 06, 2025 in Criminal Defense

Criminal records can have a serious impact on your life, even long after you serve your sentence. Many people find that legal problems from the past can hinder them in the present, particularly when looking for a job, housing, an education, and even a significant other. 

Texas law allows for expunction in certain cases, meaning your criminal record can essentially be erased. If your case is eligible for expunction, you likely want to know how long the process will take. To learn more, speak with a qualified Fort Worth, TX criminal defense attorney who can review your case and answer your questions.

How Long Do I Need to Wait Before I Can Request Expunction?

In Texas, even when a record is eligible for expunction, the amount of time you need to wait before you can file for it depends on various factors. Some common situations and their respective waiting periods include:

• When the defendant is found not guilty by a Jury or Judge: People in these situations typically do not need to wait before they can file for expunction. They generally begin the process as soon as their case is closed.

• When a case is dismissed:  Typically, must wait until the statute of limitations expires.  If your case was dismissed after completing a diversion program, then you may be eligible immediately for an expunction.  

• When a case result is a conviction: Most convictions are not eligible for expunction unless they were later pardoned or overturned. Instead, the person might be able to seek something called non-disclosure, which does not completely erase the criminal record but can seal it, significantly restricting who can access it. 

• When the defendant completes "deferred adjudication": Depending on the specifics of the case, deferred adjudication is a type of probation and is not eligible for an expunction. Someone who has completed a deferred adjudication might be eligible for a non-disclosure.  Non-disclosure eligibility depends on the case.

What Does the Expunction Process Include?

If your case is eligible for expunction and you are past the required waiting period, there are various steps you need to take to complete the expunction request process. First, you will file the petition. Since this stage is often difficult and time-consuming, this is something attorneys tend to do on behalf of their clients. 

Next, there needs to be a court review of your petition to decide whether your case qualifies. This stage can take a few months, and in some cases, the court schedules a hearing to examine the details further. 

If the court approves your expunction request, it will issue an order of expunction and notify local and state agencies about this, so that they remove your records. In total, the expungement process in Texas generally takes several months or longer to complete.

Schedule a Free Consultation with a Tarrant County, TX Criminal Defense Lawyer

If your case is eligible for expunction, speak with an experienced Fort Worth, TX criminal defense attorney about your options for clearing your record. At The Dameron Law Firm, we are dedicated to protecting your rights and helping you make informed decisions that serve your best interests. Call us at 817-222-0624 to schedule a free consultation.