Criminal Lawyers Serving Dallas, Fort Worth, and Houston

When a person is arrested for a criminal offense, a record of the arrest is created and entered in databases that law enforcement, and in some cases, the public, may view. This record may show up on background checks related to employment, apartment rentals, and credit applications. In many cases, these records are eligible for expungement (also known as expunction) or non-disclosure, which means that the criminal arrest history is either entirely erased or taken from records available to the public.

Expungement in Texas

According to the Texas code of criminal procedure, anyone who has been placed under arrest for a felony or misdemeanor, has the right to have their record expunged in the following circumstances:

Acquittal – You were acquitted at trial and are entitled to immediate expunction.
Pardon or actual innocence – You were convicted but later pardoned or granted relief based on actual innocence.
No charges filed after arrest – You were arrested but never charged, and a waiting period has passed (180 days to 3 years, depending on the offense).
Dismissed charges – Your charges were dismissed and you were not convicted of any offense from the same criminal episode.
Completed pretrial diversion programs – You completed a pretrial intervention, veterans treatment, or mental health court program and your case was dismissed.
Juvenile offenses – You were convicted as a juvenile of certain low-level offenses and have since turned 17.
Identity theft or mistake – You were arrested because someone used your name or due to a clerical error, and you were not the actual offender.
Void indictment or information – The charges filed against you were void from the beginning (e.g., jurisdictional defect).
Prosecutor’s certification – The prosecuting attorney certifies that the arrest is no longer needed for any criminal investigation or prosecution.

When the order of an expungement (or expunction) becomes final, the release of any related records or files is prohibited, for any purpose, and the person whose records are in question, is not obligated to reveal that such a record existed, even under oath (with very narrow exceptions). Expungement erases the criminal record as though it never happened.

Nondisclosure of Criminal Records - Sealing of Criminal Records

In some circumstances, a criminal record can be sealed, but not expunged. An Order of Nondisclosure from a court will remove all publicly available records of a conviction, so it will not be accessible to most employers, landlords, etc. Law enforcement and certain other government agencies will still have access, though. In addition, you cannot deny under oath that the arrest/charge happened.

You may be eligible to obtain an Order of Nondisclosure in the following situations:

Deferred adjudication – misdemeanor (non-exempt). You successfully completed deferred adjudication for a qualifying misdemeanor and the case was dismissed.
Deferred adjudication – felony. You completed deferred adjudication for a qualifying felony, the case was dismissed, and five years have passed since discharge.
Deferred adjudication – certain misdemeanors (automatic). If you completed deferred adjudication for a low-level misdemeanor (not involving violence or sex), the record may be sealed automatically, without petition.
Misdemeanor conviction (nonviolent). You were convicted of a qualifying misdemeanor, completed all sentencing requirements, and two years have passed since sentence completion.
Completion of a Veterans Treatment Court program. You completed a Veterans Court program successfully and the related offense was dismissed.
Completion of a Mental Health Court program. You completed a Mental Health Court program, and your case was dismissed or discharged.
Completion of a Drug Court or other Specialty Court program. You completed a Drug Court or other specialty diversion program, and the case was dismissed.
Human trafficking victims – certain convictions. You were convicted of certain non-violent offenses while being a victim of human trafficking and have since shown rehabilitation.
Juvenile records transferred to adult court but dismissed. If a juvenile case was transferred to adult court and later dismissed or resulted in deferred adjudication, you may be eligible for nondisclosure.
First-time DWI – with deferred adjudication. You received deferred adjudication for a first-time DWI offense (not involving a crash or high BAC), completed probation, and meet the required waiting period (2–5 years).

How Much Will It Cost to Expunge My Criminal Record in Texas?

As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

How Quickly Can I Expect the Expungement Process to Be Completed?

When you file a petition to have a criminal record expunged, you’ll first have to appear before the court. That hearing usually comes about a month after your filing. The court may grant the expungement at the hearing, but it can take upwards of six months for the decision to be registered.

Contact Bailey & Galyen Today

At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment or discuss the cost to expunge your criminal record, contact us by email or call us at 844-930-5565. We will take your call 24 hours a day, seven days a week.

At Bailey & Galyen, we provide comprehensive legal counsel to individuals across Texas, New Mexico, and Arkansas, including Arlington, Bedford, Burleson, Carrollton, Dallas, El Paso, Fort Worth, Houston, Little Rock, Lubbock, Mansfield, Mesquite, Midland/Odessa, Plano, San Antonio, Santa Fe, Springdale, Sugar Land, Texarkana, Weatherford.

Criminal Defense Case Results

Backed by decades of courtroom experience across Texas, Bailey & Galyen has secured favorable outcomes for clients facing serious charges. Explore real case results that reflect our strategy, persistence, and commitment to protecting your future.

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DWI Jury Trial

Not Guilty Verdict

Client stopped and arrested by Dallas Police for speeding and weaving. Charged with DWI. Jury Trial. Client found not guilty.

DWI Jury Trial

Not Guilty Verdict

Client was stopped by Coppell Police and arrested for DWI. Jury Trial. Client found not guilty.

DWI Jury Trial

Not Guilty Verdict Despite Field Sobriety Failure Claims

Client stopped by DeSoto Police. He allegedly failed field tests and was arrested for DWI. He admitted to 10 beers on police video. Jury Trial. Client found not guilty.

DWI After Traffic Stop

Not Guilty Verdict

Client stopped by Euless Police for running stop sign and hitting curb. Arrested and charged with DWI. Jury Trial. Client found not guilty.

DWI After Lane Violation Stop

Not Guilty Verdict

Client stopped by Dallas Police for speeding and failure to maintain single lane of traffic. Arrested for DWI. Jury trial. Client found not guilty.

DWI Jury Trial

Not Guilty Verdict

Client arrested by Irving Police for DWI. Jury Trial. Client found not guilty.

Repeat DWI Case

Not Guilty Verdict

Client arrested for DWI 2nd by DFW Airport Police. Jury Trial. Client found not guilty.

Assault Case

Not Guilty Verdict

Client was arrested by Bedford Police for allegedly assaulting son-in-law. Jury Trial. Client found not guilty.

DWI Following Traffic Stop

Not Guilty Verdict

Client stopped by DART police for defective license plate light. Client given field sobriety tests and arrested for DWI. Jury Trial. Client found not guilty.

Assault Bodily Injury Case

Not Guilty Verdict

Client charged with assault bodily injury after an altercation with his girlfriend. Jury Trial. Client found not guilty.

Prostitution Charge

Not Guilty Verdict

Client charged with prostitution by Dallas Police for allegedly propositioning an undercover officer. Jury Trial. Client found not guilty.

Illegal Weapon Possession

Not Guilty Verdict

Client stopped and arrested by Irving Police for having an illegal knife in his vehicle. Jury Trial. Client found not guilty.

Felony Injury to a Child

Not Guilty Verdict

Client charged with felony injury to a child. The State offered 40 years in prison prior to trial. Jury trial. Client found not guilty.

Assault Charge

Not Guilty Verdict

Client charged with assault against his girlfriend. Jury Trial. Client found not guilty.

Alcohol Sale to Minor

Not Guilty Verdict

Client was charged with serving alcohol to minor. Client worked at convenience store and allegedly sold alcohol to undercover agent for TABC. Jury trial. Client found not
guilty.

Unlawful Firearm Possession

Not Guilty Verdict

Client was charged with carrying a pistol in his vehicle. The offense date was prior to the recent changes in the law. Jury trial. Client found not guilty.

DWI Case Dismissed

Motion to Suppress Granted

Client stopped and arrested for DWI. Mr. Robinson filed a Motion to Suppress challenging the legality of the stop. Motion granted, case dismissed.

Sexual Assault Case No-Billed

Charges Dropped

Client was arrested for sexual assault after going on date with a female acquaintance. Mr. Robinson presented evidence to the grand jury. Case was no-billed, charges dropped.

Murder Charge No-Billed

Charges Dropped

Client was arrested and charged with murder. Mr. Robinson presented self defense issues to the grand jury. Case was no-billed, charges were dropped.

Child Endangerment Case No-Billed

Charges Dropped

Client was charged with felony endangering a child. Mr. Robinson presented evidence to the grand jury that was not contained in police report. Case no-billed, charges dropped.

Forgery Charges No-Billed

Charges Dropped

Client arrested for forgery of check, Mr. Robinson presented defense issues to grand jury, case no billed, charges dropped.

Drug Possession Case Dismissed

After Suppression Hearing

Client charged with felony possession of controlled substance. Mr. Robinson filed a Motion to Suppress challenging the search that resulted in the arrest. After a contested hearing, the Judge granted the Motion. Case dismissed.

Weapon Charge Dismissed

After Motion to Suppress

Client charged with possessing prohibited weapon. Motion to suppress challenging the stop of the Defendant filed. Contested hearing. Motion granted. Case dismissed.

DWI Case Dismissed

Following Suppression of Evidence

Client charged with DWI. He was arrested because the police officer thought he heard gunfire coming from Defendant’s vehicle. Contested Motion to Suppress hearing held.
Motion granted. Case dismissed.

Expungement and Sealing of Texas Criminal Records

Criminal Defense Case Results

DWI Jury Trial

Not Guilty Verdict

DWI Jury Trial

Not Guilty Verdict

DWI Jury Trial

Not Guilty Verdict Despite Field Sobriety Failure Claims

DWI After Traffic Stop

Not Guilty Verdict

DWI After Lane Violation Stop

Not Guilty Verdict

DWI Jury Trial

Not Guilty Verdict

Repeat DWI Case

Not Guilty Verdict

Assault Case

Not Guilty Verdict

DWI Following Traffic Stop

Not Guilty Verdict

Assault Bodily Injury Case

Not Guilty Verdict

Prostitution Charge

Not Guilty Verdict

Illegal Weapon Possession

Not Guilty Verdict

Felony Injury to a Child

Not Guilty Verdict

Assault Charge

Not Guilty Verdict

Alcohol Sale to Minor

Not Guilty Verdict

Unlawful Firearm Possession

Not Guilty Verdict

DWI Case Dismissed

Motion to Suppress Granted

Sexual Assault Case No-Billed

Charges Dropped

Murder Charge No-Billed

Charges Dropped

Child Endangerment Case No-Billed

Charges Dropped

Forgery Charges No-Billed

Charges Dropped

Drug Possession Case Dismissed

After Suppression Hearing

Weapon Charge Dismissed

After Motion to Suppress

DWI Case Dismissed

Following Suppression of Evidence

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