Managing Attorney
If your criminal case was dismissed in Texas, you might assume your record is automatically wiped clean. Unfortunately, that’s one of the most common misconceptions about the expunction process. Under Texas law, a dismissal doesn’t equal automatic expunction. To truly clear your record, you must file a separate legal action.
At Ceja Law Firm, our Board-Certified criminal defense attorney Jose Ceja helps clients in the Houston area navigate the expunction process and avoid the long-term consequences of a criminal record—even when charges were dismissed. This article explains why a dismissal is only the first step, what expunction actually entails, and how you can take full advantage of the clean slate the law allows.
Dismissed Does Not Mean Deleted
When a criminal case is dismissed, it might seem like the matter is over. But even if you were never convicted or your case was dropped entirely, the arrest and charges may still show up on:
- Background checks run by employers, landlords, or schools
- Court records and public databases
- Online mugshot or arrest tracking sites
In Texas, these records do not disappear automatically. The only way to remove them from public view is through a court-ordered expunction.
What Is an Expunction?
An expunction is a civil legal process authorized under Chapter 55 of the Texas Code of Criminal Procedure. If granted, the court issues an order requiring government agencies—and even private background check companies—to destroy or return all records related to the arrest. You are then legally allowed to deny that the arrest ever happened (with limited exceptions).
However, you are only entitled to an expunction if you meet specific statutory requirements. For dismissals, the law requires that:
- The charge is no longer pending,
- There was no conviction,
- You did not receive court-ordered community supervision (unless the offense was a Class C misdemeanor), and
- The applicable waiting period has passed—usually 180 days, 1 year, or 3 years depending on the severity of the charge.
Why File for Expunction?
Even a dismissed case can carry serious consequences if not expunged. Benefits of an expunction include:
- Better job opportunities: Employers often use background checks in hiring decisions. An expunction removes the red flag.
- Improved housing prospects: Landlords may deny applications based on arrest records.
- Peace of mind: You can deny the arrest under oath in most civil situations.
- Data privacy: Government and private databases are scrubbed of your name and record.
In short, expunction is the only way to fully clear your name.
How the Expunction Process Works
To pursue an expunction, you must file a verified petition in the proper court. The petition must include detailed personal and arrest information, notify all relevant agencies, and comply with strict procedural requirements.
A court hearing will be scheduled at least 30 days after filing, and any agency involved in the arrest or prosecution can object. If no valid objection is raised and you qualify under the statute, the judge will sign an Order of Expunction.
Once finalized, the order is sent to all relevant law enforcement agencies, courts, jails, and private background companies, requiring them to destroy or seal the records.
Expunctions for Specific Charges
At Ceja Law Firm, we handle expunctions for a wide range of dismissed cases. Learn more about how expunction works for:
We also offer a comprehensive overview of the Texas expunction process and eligibility requirements.
Don’t Wait—Act to Protect Your Future
If your case was dismissed, that’s great news—but it’s not the final step. Your criminal record is still out there unless you take action. Filing for expunction gives you the fresh start you deserve and protects your reputation moving forward.
Contact Ceja Law Firm today to find out whether you qualify for an expunction and how we can help clear your name.
