What is the waiting period for an expunction in Texas if my case has been dismissed?
Under Texas law, an expunction is the best way to clean your record and put an arrest in a criminal case behind you. An expunction results in the physical destruction of all records relating to your arrest by any law enforcement agency in possession of the records. Once an expunction is complete, you will even be able to deny the existence of the arrest on job or housing applications.
However, in order to obtain an expunction, you must be eligible for one. Most people who apply for an expunction of their criminal records do so after their case is dismissed and apply for an expunction under Texas Code of Criminal Procedure 55.01(a)(2)(B). If you are seeking to obtain an expunction of your records after your case is dismissed, your case will be subject to a waiting period that is determined by the statute of limitations (the time period the State of Texas has to file a case).
The table below contains the statute of limitations for some of the most common criminal offenses in the State of Texas. The below information is provided for educational purposes only and you should always consult with an experienced expunction attorney to verify your eligibility for an expunction of your criminal records. In many cases, a District Attorney’s office may agree to an expunction of a criminal case before the expiration of the statute of limitations and it is possible for an expunction attorney to verify whether the District Attorney might agree in your case.
| Offense | Statute of Limitations |
| Misdemeanors (DWI, theft, assault-family violence, etc.) | 2 years |
| Abandoning a child | 5 years |
| Aggravated kidnapping of a child and the defendant committed the offense with the intent to violate or abuse the complaining witness sexually | 20 years from the 18th birthday of the complaining witness |
| Arson | 10 years |
| Assault of public servant, correctional officer, security officer, emergency services personnel, process server, staff at a civil commitment facility, or a judge | 3 years |
| Assault-family violence with a prior conviction for assault-family violence | 3 years |
| Assault-family violence involving impeding breath | 3 years |
| Assault of a pregnant person or if done to force an abortion | 3 years |
| Bigamy unless the “spouse” is under 18 | 7 years |
| Bigamy if the “spouse” is younger than 18 years of age at the time the offense is committed | 10 years from the 18th birthday of the complaining witness of the offense |
| Burglary unless the complaining witness is a minor | 5 years |
| Burglary if the complaining witness is a minor and committed with the intent to commit sexual performance by child, aggravated kidnapping with intent to commit sexual abuse, or sexual assault/continuous sexual abuse of child or disabled person | 20 years from the 18th birthday of the complaining witness |
| Compelling prostitution of a child | None |
| Compelling prostitution under 43.05(a)(1) | 10 years |
| Continuous sexual abuse of young child or disabled person under 21.02 | None |
| Continuous trafficking of persons under 20A.03 | None |
| Credit card or debit card abuse under 32.31 | 7 years |
| Endangering a child | 5 years |
| Exploitation of a child, elderly individual, or disabled individual | 7 years |
| Failure to stop (leave scene of accident) if accident causes death | None |
| False statement to obtain property or credit under 32.32 | 7 years |
| Forgery or the uttering, using or passing of forged instruments | 10 years |
| Fraudulent securing of document execution | 7 years |
| Fraudulent use or possession of identifying information under 32.51 | 7 years |
| Health care fraud under 35A.02 | 7 years |
| Indecency with a child | None |
| Injury to a child under 22.04 | 10 years from the 18th birthday of the complaining witness |
| Healthcare fraud under 35A.02 | 10 years |
| Injury to an elderly or disabled individual that is not punishable as a felony of the first degree under 22.04 | 5 years |
| Insurance fraud | 5 years |
| Kidnapping except as provided below | 5 years |
| Kidnapping if complaining witness is a minor | 20 years from the 18th birthday of the complaining witness |
| Manslaughter | None |
| Medicaid fraud under 35A.02 | 7 years |
| Misapplication of fiduciary property or property of a financial institution | 7 years |
| Money laundering | 7 years |
| Murder | None |
| Robbery | 5 years |
| Securing execution of document by deception | 7 years |
| Sexual assault of a child | None |
| Sexual assault if the DNA matches five or more other John Doe cases | None |
| Sexual assault punishable as a state jail felony | 2 years from the date the offense was discovered |
| Sexual assault, except as provided above | 10 years |
| Sexual performance by a child | 20 years from the 18th birthday of the complaining witness |
| Tax Code violation if a felony | 7 years |
| Theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee | 10 years |
| Theft by a public servant of government property | 10 years |
| Theft | 5 years |
| Trafficking of children | None, some circumstances 10 years from the 18th birthday of the complaining witness of the offense |
| Trafficking of persons | 10 years |
| All other felonies | 3 years |
At Ceja Law Firm, we understand how important it is to put a criminal arrest behind you. Ceja Law Firm regularly obtains expunctions for people throughout the Greater Houston area after their case is dismissed. If you are interested in having your records expunged after your case has been dismissed, contact Ceja Law Firm today to verify your eligibility and begin the process of clearing your name.
