Texas: Adult Non-Conviction Arrests (TX-NC-2)

Records relating to an arrest for a Class C misdemeanor can be expunged if no charge is filed within 180 days 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)(a).

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

Arrests for violating probation or absconding from bail are ineligible for expungement. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a).

Procedure General

The petition can be filed in the district court, justice court, or municipal court of record 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, 103.02101.

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 180 days after arrest.

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