Houston Expunction Lawyer


How to Have Your Record Expunged in Texas

Expunction is the legal process for clearing all records and files related to an arrest. An expunction is codified into Texas law under Chapter 55 of the Code of Criminal Procedure. In order to be granted an expunction, you must follow specific procedures with the court. Failure to adhere to the code of criminal procedures will result in your expungement being rejected. Not all crimes are eligible for expungement, and the court must approve your petition.

Benefits of Expunction

There are numerous benefits to seeking an expunction. If granted by the court, a petition for expunction will clear your criminal record related to the arrest. This can help you obtain gainful employment. It is important to note that even if the court approves an expunction, you must still disclose the arrest if you are under oath in a criminal proceeding.

Requirements Related to an Expunction

Only certain offenses are eligible for release, including a person who has been:

  • acquitted by the trial court
  • convicted and subsequently pardoned
  • released and the charge has not resulted in a final conviction, is no longer pending, and there is no court-ordered community supervision

Generally, a person must wait 180 days from the date of the arrest for a Class C misdemeanor; one year has elapsed from the date of the arrest for a Class B or A misdemeanor; or at least three years have passed since the date of arrest punishable as a felony.

Regardless of the circumstances of your case, you should always have it reviewed by an experienced Houston Expunction Attorney.

Determining Eligibility for a Houston Expunction

Texas law underscores a number of instances where a person may be ineligible for expunction. Additionally, a party in your case may oppose your petition for expunction. The court may then deny your request. An expungement is not automatically granted and can only be done so through a formal court procedure. It is always recommended to have legal representation for any court proceedings to obtain the most favorable outcome in your case.


If you have been arrested for an offense and believe that you may be eligible for expunction, contact James Alston Law. As a board-certified criminal defense attorney, James Alston can determine your eligibility, file the Petition for Expunction of Criminal Records and represent you at the expungement hearing.

Contact Houston Expunction Lawyer James Alston today for a consultation. An expunction could clear your criminal record, enabling you to get better employment and prevent you from certain hardship. You deserve a lawyer who will fight to protect your rights and your future. Call today at (713) 228-1400 to discuss your legal options.