Managing Attorney
Many people in Texas mistakenly believe that once their criminal case is dismissed, their record is automatically cleared. Unfortunately, this is not the case. In Texas, even if charges are dismissed or a case ends without a conviction, the arrest and court records still exist and are publicly accessible unless you take legal action to have them expunged.
As a Board-Certified criminal defense attorney in Houston, I’ve helped many clients clean up their records through the expunction process. This article explains why an expunction is not automatic after a dismissal, what steps you must take to secure one, and how clearing your record can benefit your future.
What Is an Expunction in Texas?
An expunction (sometimes called an “expungement”) is a legal process that permanently deletes qualifying criminal records from public view. Once an expunction is granted, you can legally deny that the arrest or case ever happened in most situations, including job applications, housing forms, and other background checks.
Expunctions are available in limited circumstances, such as:
- If your case was dismissed without any conviction
- If you were found “not guilty” by a jury or judge
- If you completed a pre-trial diversion program (in some cases)
- If you were arrested but never charged
For a complete overview of who qualifies, visit our main Texas expunction page.
Why a Dismissal Does Not Automatically Clear Your Record
In Texas, criminal justice records are created the moment you are arrested. These records are maintained by multiple agencies, including the police department, the district clerk, and the Texas Department of Public Safety (DPS). Even if a case is later dismissed or rejected, the underlying records still exist unless a court orders them to be expunged.
In other words, a dismissal is only the first step. Without filing a formal petition for expunction, the arrest will still appear on background checks run by employers, landlords, and government agencies.
Real-World Example:
Suppose you’re arrested for theft, but the prosecutor later dismisses the case. Even though you were never convicted, the arrest may still show up if an employer runs a background check. Without an expunction, this dismissed charge could cost you a job or housing opportunity.
The Texas Expunction Process
Getting a record expunged in Texas requires a civil court filing and typically takes several months. Here’s a basic overview:
- Determine Eligibility – Not every dismissed case qualifies. You’ll need to confirm that your case meets the requirements under Texas Code of Criminal Procedure Chapter 55.
- File a Petition for Expunction – This must be filed in the district court in the county where the arrest occurred.
- Serve Notice on All Agencies – Every agency that may have a record of your arrest must be notified and given the opportunity to object.
- Court Hearing – If no objections are filed, the judge will usually grant the expunction at a scheduled hearing.
- Final Order of Expunction – Once signed, this order directs all agencies to destroy the records and return any physical evidence to the court.
Why You Should Still File for Expunction After Dismissal
A dismissal is good, but it’s not the end of the story. Here are some reasons you should still pursue an expunction:
1. Protect Your Employment Future
Many employers perform background checks—even for jobs that don’t require security clearance. A dismissed charge may be viewed with suspicion, especially if the employer doesn’t understand that it doesn’t equal guilt.
2. Avoid Immigration Consequences
If you are not a U.S. citizen, a dismissed charge could still trigger questions during an immigration interview. While we do not handle immigration cases, we know that cleaning your record can reduce risk and confusion for individuals applying for visas or green cards (you should always consult with an experienced immigration attorney regarding whether it is necessary to disclose an expunged case).
3. Peace of Mind and Privacy
Expunction allows you to legally deny the arrest occurred. You don’t have to live in fear that someone will find a dismissed charge in a public database or online background report.
4. Professional Licenses and Loans
If you’re applying for a professional license (e.g., nursing, law, real estate) or federal student aid, having a clean record can make the process smoother.
Common Dismissed Cases That Should Be Expunged
If your case was dismissed or rejected, there’s a strong chance you qualify for expunction. Some of the most common charges we help expunge include:
- DWI arrests where blood results were suppressed or charges were dropped
- Prostitution charges based on questionable stings or lack of evidence
- Shoplifting or theft accusations that were never formally charged or that resulted in pretrial diversion
- Domestic violence cases where the complaining witness recanted or the case was rejected due to lack of evidence
What If You Don’t Qualify for Expunction?
If your case doesn’t qualify for expunction—for example, if you received deferred adjudication—there may be another option called an Order of Nondisclosure, which seals the record from most public view but doesn’t destroy it. Learn more on our expunction and nondisclosure page.
The Expunction Process in Houston
Although the expunction process in Houston is governed by Chapter 55 of the Texas Code of Criminal Procedure, local procedures in Harris County can affect how your case moves forward. While the process isn’t overly complicated, it’s important to have an attorney familiar with the courts and agencies involved.
Here’s a general overview of what to expect:
- Determine your eligibility – The first step is evaluating whether your case qualifies for expunction under Texas law. This depends on how your case was resolved and your criminal history.
- File a Petition for Expunction – A formal petition must be filed in the Harris County civil district court where the arrest occurred. The petition must be properly drafted to meet all legal requirements.
- Notify all relevant agencies – Once the petition is filed, all agencies that may have a record of your arrest (such as the arresting police department, Texas DPS, and county clerks) must be formally notified.
- Attend a court hearing (if necessary) – If no agency objects, many expunctions are granted without a hearing. However, if there is opposition, a judge will hold a hearing to decide whether to grant the expunction.
- Receive the final order of expunction – If granted, the judge will sign an order requiring all relevant agencies to delete or destroy the records. This process can take several weeks to fully complete.
Having a knowledgeable attorney can make the process smoother and help avoid delays or errors. In a large metro area like Houston, where background checks are common, clearing your record can be a critical step toward protecting your future.
Final Thoughts
In Texas, your record is not automatically expunged just because your case was dismissed. If you want a clean slate, you need to take action.
At Ceja Law Firm, we offer compassionate, effective representation in expunction cases across the Houston area. Whether you were wrongfully arrested or your case was dismissed for lack of evidence, we’ll help you take the steps needed to clear your name.
Ready to clear your record? Contact us today for a free consultation.
