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Texas: Adult Non-Conviction Arrests (TX-NC-3)
Records relating to an arrest for a Class A or B misdemeanor can be expunged if no charge is filed within one year of arrest or within the limitations period, or upon the prosecutor's certification that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(b).
Record Detail(s)
Charges not filed
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Mandatory
Clearance Process
Petition-based
Remedy
Expunge
Ineligible Category or Citation
An arrest for violating probation or absconding from bail cannot be expunged. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a).
Procedure General
The petition must be filed in the district court for the county where the arrest occurred or where the offense allegedly occurred. For the specific procedure, see Tex. Code Crim. Proc. Ann. § 55.02.
Fees
Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006.
Effect
The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03.
Waiting Periods
The petition can be filed one year after the arrest.
