In Texas, an expunction is a legal process that permanently removes an arrest, charge, or conviction from your record. Under the significant legal reforms of House Bill 4504, which took effect on January 1, 2025, more people are eligible to clear their records than ever before. This new law, codified in Chapter 55A of the Texas Code of Criminal Procedure, streamlines the process and even introduces automatic expunctions for certain qualifying cases.
However, the process remains precise, with strict filing requirements and deadlines; an error prevents you from ever clearing a specific charge. This guide explains the new eligibility criteria, the step-by-step process in Fort Worth, and what a cleared record means for your future.
If you have a question about clearing your criminal record in Texas, call us at (817) 877-3030.
Key Takeaways for Expunging a Criminal Record in Fort Worth
- New laws in 2025 significantly expand eligibility. This means a past arrest or charge that did not qualify for removal before might be eligible for a complete expunction now.
- An expunction permanently destroys your record. Unlike an order of nondisclosure, which only seals it from the public, an expunction allows you to legally deny the event ever happened.
- The process requires precision due to the "One-Shot Rule." A single mistake in the petition may permanently bar you from clearing that specific record, making accuracy essential.
Who Is Eligible for an Expungement in Texas Under the 2025 Laws?
Your Past Doesn’t Have to Define Your Future
A lingering criminal record, even for a case that was dismissed, shows up on background checks, affecting your ability to get a job, secure housing, or apply for a loan. You may feel like you’re constantly looking over your shoulder, worried that an arrest from years ago will surface at the worst possible moment. The introduction of the #FortWorthSafe initiative has also led to different policing strategies, meaning how cases are handled varies locally.
The 2025 legal changes specifically expanded eligibility to give more Texans a true second chance. The key is determining if your situation fits the new criteria.
You May Be Eligible for Expunction if:
- You Were Arrested but Never Charged: If a prosecutor's office declined to file charges, your arrest record may be eligible for expunction after a waiting period.
- Your Criminal Charge Was Dismissed: This is a common path to expunction. If the prosecutor dismissed your case, you could be eligible.
- You Were Acquitted of a Crime: If you went to trial and were found "not guilty" by a judge or jury, you have a right to a full expunction.
- You Were Convicted but Later Pardoned: A full pardon from the Governor of Texas or the President of the United States makes you eligible.
- You Were Convicted of a Minor Alcohol Offense: Certain convictions for Minor in Possession or Minor in Consumption of Alcohol are eligible for expunction.
- Your Case Resulted from Identity Theft: If someone else committed a crime using your identity, you are eligible to have those records expunged once the mistake is proven.
What is the Waiting Period for Filing?
The waiting period is a legally mandated time you must wait before you petition the court. It starts from the date of the arrest. For many dismissed cases, you must wait until the statute of limitations for the offense has expired. For arrests where charges were never filed, the timelines are:
- Class C Misdemeanors: 180 days.
- Class A & B Misdemeanors: One year.
- Felonies: Three years.
Note: There is no waiting period if you were acquitted at trial or received a pardon.
Determining your eligibility and the correct waiting period is one of the most technical parts of the process. A miscalculation could lead to a premature filing and a denial.
Is an Expungement Different From an Order of Nondisclosure?
People commonly use the terms "expungement" and "sealing a record" interchangeably, but in Texas, they are two distinct legal tools with very different outcomes.
Expungement (or Expunction): A True Erasure
An expungement orders all government agencies to physically destroy or return the records related to your case. Think of it like ripping a page out of a book and burning it. The record is gone. After an expunction is granted, you may legally deny the arrest and prosecution ever happened on applications for jobs, housing, and loans (with a few very specific exceptions). This powerful benefit is outlined in Texas law.
Order of Nondisclosure: Sealing the Record
An order of nondisclosure does not destroy your record. Instead, it seals it from the public. This is like putting that page from the book into a locked safe. The general public, including private background check companies, cannot see it, but the government and certain licensing agencies still access it.
This is typically the remedy for those who successfully completed deferred adjudication for certain offenses. While helpful, it does not provide the same clean slate as an expunction.
What Does the Fort Worth Expungement Process Look Like in 2025?
Step 1: Verify Your Eligibility
Before any paperwork is filed, your entire criminal history must be reviewed to confirm you qualify under the new Chapter 55A guidelines. This includes confirming the offense type, the case outcome, and that the waiting period has passed. We gather official records to build a complete picture of your case and determine the correct legal strategy, whether it's an expunction or another form of relief.
Step 2: Filing the Petition for Expunction
This is where the formal legal process begins. A detailed legal document, called a "Petition for Expunction," is drafted and filed with the appropriate District Court in Tarrant County. This petition lists all the government agencies that hold records of your arrest, such as the arresting police department, the sheriff’s office, the county clerk, and the Texas Department of Public Safety. We draft and file the petition on your behalf, ensuring every detail is accurate and every relevant agency is notified.
Step 3: The Prosecutor's Review
Once filed, the petition is served on the District Attorney's office. The prosecutor will review the petition to determine if they agree you are eligible. In most cases, if eligibility is clear, they will not contest it. If there is a question, they may file an answer opposing the expunction. We communicate with the prosecutor's office to resolve any potential issues and advocate for your eligibility.
Step 4: The Expunction Hearing
The court will set a hearing date. At the hearing, a judge will review the petition and any response from the prosecutor. If the judge agrees that you meet all the legal requirements, they will sign the Final Order of Expunction. A Fulgham Hampton Criminal Defense Attorneys lawyer will represent you in court, present your case to the judge, and ask for the order to be granted.
Step 5: Distributing the Signed Order
After the judge signs the order, it does not go into effect automatically. The signed order must be formally sent to every government agency listed in the original petition. We ensure the signed order is properly distributed to all relevant state and local agencies, instructing them to destroy their records of your case.
The New "Automatic" Expungement: What Does It Really Mean for You?
One of the most talked-about changes in the 2025 law is the creation of automatic expungement for certain cases. This is part of a broader "Clean Slate" reform aimed at helping more people get relief.
How Is It Supposed to Work?
For certain Class C misdemeanor cases that are dismissed, the new law directs the court to automatically issue an expunction order without you having to file a petition. This is intended to remove barriers for the most minor offenses that are quickly resolved.
What Are the Limitations?
The term "automatic" is misleading. It does not cover all dismissed cases, and the implementation is still being worked out across different Texas counties. Administrative delays or errors may prevent the "automatic" order from being issued or properly distributed. It also does not apply to higher-level misdemeanors or felonies.
Bottom Line: While a positive step, do not assume your record has been cleared automatically. Proactively verify that an expunction order was issued and properly executed. If not, filing a traditional petition may still be necessary.
What Are the Real-World Benefits of a Clean Record?
With a successfully expunged record, your life changes in tangible ways.
Imagine being able to confidently say "No" when asked about past arrests on an application. The benefits include:
- Better Job Opportunities: Pass employer background checks for a wider range of careers.
- Improved Housing Options: Have your rental applications approved without an old arrest causing problems.
- Educational Advancement: Apply for colleges and student loans without fear of rejection based on your past.
- Professional Licenses: Pursue licenses in fields like nursing, real estate, or education.
- Personal Peace of Mind: The freedom of knowing a past mistake is truly in the past.
Community expunction programs in the DFW area have helped grant thousands of expunctions, showing that this is an achievable goal for many.
Common Pitfalls and Why the Texas "One-Shot Rule" Matters
What is the "One-Shot Rule?"
Simply put, you typically only get one opportunity to file for an expunction for a specific arrest. If your petition is filed incorrectly (for example, it omits a necessary agency or contains a factual error) and is denied by the judge, you may be permanently barred from filing again for that same incident.
Why This Matters
There is very little room for error. A simple mistake on a do-it-yourself petition has permanent consequences. This is why having an expunction attorney who handles these specific filings is so important to getting it right the first time.
Frequently Asked Questions About Expunging Records in Fort Worth
How much does an expungement cost?
The total cost involves court filing fees, service fees, and attorney fees. Because each case is unique and the complexity varies, we provide a clear cost breakdown after reviewing your specific situation.
How long does the expungement process take in Tarrant County?
From the time the petition is filed, the process typically takes anywhere from 3 to 6 months. The exact timeline depends on the court's schedule and whether the prosecutor's office contests the filing.
Do I have to appear in court for the hearing?
In most uncontested cases, we appear in court on your behalf. This means you do not have to take time off work or arrange for travel to the courthouse for the hearing.
Will an expungement clear my record on private background check websites?
An expunction legally requires government agencies to destroy their records. While most private companies that sell background information eventually update their databases to reflect this, some may not do so promptly. We will assist with sending the expunction order directly to these private companies to instruct them to have the outdated information removed.
Can a felony be expunged in Texas?
Yes, but only under the specific circumstances allowed by law. A felony arrest record may be expunged if you were acquitted at trial, received a pardon, or if the case was dismissed or never formally charged. However, a felony conviction, including one where you received and completed deferred adjudication, is generally not eligible for an expunction. It may, however, be eligible for an order of nondisclosure.
Don't Let a Past Mistake Control Your Future
A past arrest should not be a life sentence. The new 2025 Texas laws provide a clear path forward for thousands of people in Fort Worth.
You don't have to wonder if you qualify or risk making a permanent mistake on the paperwork. We’re here to handle the process for you.Call Fulgham Hampton Criminal Defense Attorneys today at (817) 877-3030.