The act of removing a record from your criminal history is called expunging. In Texas, expunctions are approved for both misdemeanors and felonies. Title 1 Chapter 55 of the Texas Code of Criminal Procedure explains the law regarding expunction eligibility. The law states that records can be expunged for those who have completed deferred adjudication, had their case dismissed or were a minor at the time the incident occurred. You can consult an attorney if you're not sure about your expungement eligibility.
Read the Texas Code of Criminal Procedure, Title 1 Chapter 55, or contact legal counsel to determine your expungement eligibility. Texas grants expunctions for non-convictions, convictions that led to community supervision and some misdemeanors.
Complete fingerprinting through IdentoGO, operated by MorphoTrust USA and the only vendor allowed to provide this service within Texas. You can find more information about this service online at IdentoGO. Fingerprinting is required to obtain your criminal record. You need your criminal record to file expungement documents in Texas.
There is a fee for the fingerprinting and a charge for the criminal record itself. Once you pay the applicable fees, IdentoGo submits your information to the Texas Department of Public Safety's Crime Records Division. The Texas Public Safety Department will then send you a copy of your criminal record.
Complete a petition to expunge your record through the Texas county in which your case was determined. You must contact the clerk of courts in that district to obtain the petition document. If the district does not require completion of a specific form, you can use the sample petition provided by the Texas Municipal Courts Education Center. Attorneys also offer expungement petition services for a fee.
File your expungement petition by mailing or delivering your completed document to the municipal court in which you were convicted. Include all required documentation, such as the copy of your criminal record, proof of completion of any community supervision you were assigned and a copy of your Texas issued identification card. Ask the clerk of courts if they require any documentation outside of those three items. Upon completion of the filing, a hearing will be scheduled to determine approval or denial of your expungement request.