📅 2026 Update: Changes to Texas Expungement Laws

Since the original article was written, there have been important changes to Texas expungement laws. These updates affect the process and requirements for individuals seeking to clear their criminal records. The earlier article continues further down the page, providing background information on the topic.

🏛️ New Legislation

On June 20, 2025, Senate Bill 1667 (SB 1667) took effect. This law requires defendants to submit an ex parte petition to obtain an expunction order. This is possible after successful completion of a veteran’s treatment program or a mental health court program.

This change expands eligibility for those who have participated in these programs.

💰 Updated Fees

The court filing fee for an expungement petition now ranges from $100 to $400. The exact amount depends on the county district clerk’s office. Additionally, service fees for delivering a copy of the petition to the prosecutor’s office usually cost between $10 and $100 per agency served.

📝 Important Steps

Individuals must file a Petition for Expunction with the court that handled their criminal case. A valid certificate of eligibility is also required at the time of filing. After submitting the petition, they may need to file an order on the petition to expunge records.

These steps are crucial for a successful expunction.

⏳ Processing Times

For uncomplicated cases, an expungement petition may take about one to three months to process after filing. However, contested cases or slow compliance from agencies can extend the process beyond a year. Being aware of these timelines is important for those seeking expunction.

📑 Eligibility and Deadlines

Eligibility for expunction is based on several factors, such as acquittal or the type of offense. For example, individuals acquitted at trial can have all records related to the arrest expunged. The waiting period before filing also varies: 180 days for Class C misdemeanors, two years for Class A and B misdemeanors, and three years for felonies.

📌 Key Points

  • 🏛️ New law (SB 1667) affects expunction petitions.
  • 💰 Court filing fees range from $100 to $400.
  • 📝 A valid certificate of eligibility is required.
  • ⏳ Processing can take from one month to over a year.
  • 📑 Eligibility and deadlines depend on offense type.

💡 Tips for Navigating Expungement

Review all details of your situation with your attorney.

📄 Understand the New Legislation

Be aware of the recent changes in the law, such as SB 1667. This law provides new pathways for those in veteran or mental health treatment programs to seek expunction.

⏳ Know the Waiting Periods

Different offenses have different waiting periods before you can file for expunction. Make sure you understand these timelines to avoid unnecessary delays.

📝 Gather Required Documents

Before filing, ensure you have all necessary documents, such as the Petition for Expunction and a certificate of eligibility. Having these ready can streamline the process.

💵 Budget for Fees

Prepare for the filing and service fees associated with the expunction process. Knowing the costs can help you plan your finances accordingly.

🚪 Explore Free Resources

Take advantage of free resources available to assist with the expunction process. Organizations like the Texas State Law Library can provide valuable information and guides.

❓ Frequently Asked Questions

❓ What is an ex parte petition?

An ex parte petition is a request made to the court without the presence of the other party. It is used in Texas for expunctions to expedite the process when specific criteria are met.

📅 How long does an expunction take?

Processing times for expunction vary. Uncomplicated cases may take one to three months, while contested cases or slow agency responses can take more than a year.

📄 Can I get my felony records expunged?

Generally, expunction of felony records is not available in Texas. However, individuals may explore other options, such as sealing records or pursuing statutory relief.

📝 What happens after filing for expunction?

After filing, individuals may need to submit an order on the petition to expunge records. The court will review the case and determine whether to grant the expunction.

💵 Are there any costs associated with expunction?

Yes, there are costs involved. Court filing fees range from $100 to $400, and service fees for delivering the petition typically cost between $10 and $100 per agency.

🏛️ What is the difference between expunction and nondisclosure?

Expunction completely removes records from public view, while nondisclosure seals records but allows certain agencies, such as law enforcement, to access them.

⚖️ Recent Cases Related to Expungement

Recent court rulings continue to shape the landscape of expungement in Texas. These rulings clarify eligibility and procedures for those seeking to clear their records.

For more information, readers can browse more rulings on the news page.

End of October 2026 Update





Texas expungement laws call for a record to be removed from all databases if the petitioner is granted an expungement. The court will tell law enforcement agencies to destroy all records pertaining to the arrest and prosecution of an expunged record. The successful petitioner can deny any history relating to the expunged record. However, expunged records do not disappear altogether. Records must be kept for the possibility they are needed in future criminal proceedings or an investigative process. Criminal records created due to a false identification shall be returned to the petitioner or completely obliterated.

Texas Expungement Eligibility

A person who has been placed under custodial or non-custodial arrest for a felony or misdemeanor may have their record expunged if:

         The person is acquitted during trial.

Texas Expungement Laws


         The person is granted a pardon.


         Charges have been dropped.


         The time period for charges to be made has ended.


         The court did not feel it necessary to hand down any sentence.


         A person was not convicted of a felony within five years before the arrest.

Once there is a court order to have an expungement, Texas expungement laws require all depositories containing information regarding an arrest to submit all information to the Federal Depository.

How do Records become Expunged?

The court must notify a defendant of their right to have their record expunged within thirty days of the completion of a trial resulting in an acquittal. Texas expungement laws call for the court to notify the defendant of their right to petition for expungement. The attorney for the defendant shall assist the defendant in gathering all necessary information required in the expungement petition and present it to the court. Texas expungement cases take place in the same court where the criminal trial was held. The petitions must contain:

         All personal information such as date of birth and social security number.


         Race and sex.


         Address at the time of arrest.


         The offense they were charged with.

         They must list all agencies involved with the case such as jails, detention facilities, prosecuting attorneys, correctional facilities, and any other organizations that may have access to records regarding the case.

Once the petition is properly filed, a court hearing must take place within thirty days of filing.