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Arrests Can Follow You For The Rest Of Your Life if You Do Not Clean Up Your Record.

A man in handcuffs being questioned.Even if you are either acquitted or your case gets dismissed, you will still have a criminal arrest record unless you get it expunged. This can influence a number of things, including future prosecutions, licenses and your employment.

If you are placed on deferred adjudication for an offense and successfully complete your probation, then even though there will be no conviction on your record, the arrest will remain unless and until you get your record sealed through a Non-Disclosure. There is something you can do, but it will not happen unless and until you Petition the Court in the right manner.

How Do Expunctions And Nondisclosures Work?

If you were arrested for a Class C misdemeanor (shoplifting, for example) and you obtained and completed deferred adjudication, were acquitted at trial or the charges against you were eventually dismissed, you can have your criminal record expunged. After expunction, the arrest would be removed from your record.

In cases in which it is impossible to obtain an expunction, it may still be possible to file a petition for nondisclosure. If granted, your arrest record will be sealed to most entities.

Discretionary vs. Mandatory Expunctions in Texas

Not all expunctions follow the same process. In Texas, some are considered mandatory, meaning the court must grant them if certain clear-cut conditions are met, like an acquittal or a case dismissal. If you fall into this category, the path to clearing your record is more straightforward, and the timeline tends to move faster.

Other cases fall under discretionary expunctions. These require additional approval from both the prosecutor and the court. Even if your case doesn’t meet the typical criteria for a mandatory expunction, it may still be possible to clean your record, but you’ll need a compelling case and a well-prepared petition. Working with a Texas expunction attorney can help you understand which category your case falls into and how best to proceed.

This distinction directly affects how long the process takes and how you should approach it. A clean dismissal might lead to a faster outcome, while a case that relies on discretion can take longer and involve more back-and-forth with the court. A skilled expunction attorney can help navigate those steps and avoid delays.

Common Myths vs. Reality

According to our expunction attorney, one of the most common misconceptions is that completing deferred adjudication automatically clears your record. It doesn’t. Unless you take action to seal or expunge the arrest, it will remain publicly visible and it can still be used against you in future legal proceedings or background checks.

Another myth is that once a record is expunged, it disappears completely from the system. In reality, even expunged records may still be visible to law enforcement in certain situations or if you’re under oath. That doesn’t mean it’s not worth doing removing public access can still make a major difference in employment, housing, and daily life. 

Waiting Periods & Eligibility Triggers

Not everyone has to wait to clean up their record. If you were acquitted or your case was dismissed right away, you may be able to file for expunction immediately. There’s no mandatory waiting period in these cases, and the sooner you file, the sooner you can move on without that arrest following you.

Other situations come with specific timelines. For example, if you were arrested for a Class C misdemeanor and your case was dismissed, you’ll typically need to wait 180 days. For more serious charges, the wait can range from one to three years depending on how the case was resolved. These waiting periods are strict, but knowing when your eligibility starts can help you plan ahead. Our  Texas expunction attorney can ensure you don’t miss your window to file.

Schedule Your Free Consultation Right Now

A lawyer speaking with a client about a case.Protect your future today. Pick up your phone and call us right now at 972-608-0335, or send us an email. Our experienced arrest record attorneys are ready to go to work for you immediately.

The best way to predict your future are the results we have achieved in the past.

 

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400 Crescent Court, Suite 700
Dallas, Texas 75201

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