Expunging Misdemeanor Arrest Records

Potential clients often call asking whether their particular case is expungable.  My first question is whether the person was arrested for a felony or a misdemeanor offense? If arrested for a misdemeanor, my next question is always "how was your case ultimately resolved?"  Was the case dismissed?  Were you found guilty and placed on probation? Did you received deferred adjudication?  Were you found not guilty after a trial?  Have you been pardoned? 

Regarding misdemeanor charges, the Texas Code of Criminal Procedure, art. 55.01 provides that a person who's been arrested (custodial or non-custodial) for the commission of a misdemeanor is entitled to have their records and files relating to the arrest expunged if several potential conditions exist:

(1) The person was tried for the offense and was acquitted;

(2) The person was convicted and subsequently pardoned; or 

(3) An indictment or information charging the person with the commission of a felony had not been presented against the person, the statute of limitations period (usually 2 years) expired before the date on which the expunction was filed, the person had been released, the charge had not resulted in a final conviction, the charge was no longer pending, there was no court ordered probation for any offense (other than a Class C misdemeanor), and the person had not been convicted of a felony in the five years preceding the date of the arrest. 

Under this statute, if a misdemeanor charge resulted in a dismissal the arrest records could be expunged.  Dismissal could result if the trial court granted a motion to suppress evidence and the case was dismissed.  If a motion for directed verdict was granted the arrest is subject to an expunction.  Any termination of a misdemeanor prosecution that did not result in a conviction or probation (including deferred adjudication) can be expunged. In other words, no probation, regardless of the type or whether it was successfully completed, is expungable.

Next week we'll look at felony arrest records . . . much more difficult to expunge!  If you have a misdemeanor arrest that might be expungable, call a Brazos County criminal defense lawyer to explore your options.