CRIMINAL DEFENSE
Plano Expunction Lawyer
Clear Your Arrest Record in Collin County and Across North Texas
An arrest record can follow you long after your case is over. Even if the charges were dropped, dismissed, or never filed, or a jury found you not guilty, that arrest can still surface on background checks for jobs, apartments, professional licenses, and loans. A Texas expunction can close that chapter for good by ordering the records destroyed and allowing you to legally deny the arrest ever happened.
At The Price Firm, Plano expunction attorney Waren Price, a former prosecutor, helps clients in Plano, Frisco, Allen, McKinney, and throughout Collin and Denton Counties find out whether they qualify, file a complete and accurate petition, and follow the order through until every agency has complied.
Not sure whether your record qualifies? Call (972) 335-8222 for a confidential review of your case.
What Is an Expunction in Texas?
An expunction (often searched for as “expungement”) is a court order directing courts, clerks, law enforcement agencies, the Texas Department of Public Safety, and other entities to destroy or return the records and files tied to an eligible arrest. Texas expunction law is found in Chapter 55A of the Texas Code of Criminal Procedure, which replaced the former Chapter 55 on January 1, 2025.
Once an expunction order becomes final:
- The expunged records may no longer be released, disseminated, or used.
- You may deny that the arrest occurred and that the expunction order exists.
- If you are ever asked about the arrest under oath in a criminal proceeding, you may state only that the matter has been expunged.
Who Qualifies for an Expunction in Texas?
Eligibility depends on how your case ended, not on whether you were guilty or innocent. You may qualify for an expunction if:
- You were found not guilty. An acquittal at trial entitles you to an expunction of that arrest.
- Charges were never filed. If no indictment or information was ever filed, you may qualify after a waiting period measured from the date of arrest: 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony. You may qualify sooner if the prosecutor certifies the records are no longer needed.
- Your case was dismissed for a qualifying reason, such as completing pretrial diversion (pretrial intervention), a veterans treatment court, or a mental health court program, or because the charge rested on a mistake, false information, or a lack of probable cause.
- The statute of limitations expired before you were charged.
- You received a pardon, including a pardon based on actual innocence.
- You were arrested because someone else used your identity.
- Your Class C misdemeanor was dismissed after deferred disposition or another outcome that did not result in a final conviction.
- You were convicted of unlawfully carrying a handgun for an offense committed before September 1, 2021, when Texas permitless carry took effect.
When Expunction Is Not Available
- Most final convictions cannot be expunged.
- If you were placed on court-ordered community supervision (probation), including deferred adjudication, for anything above a Class C misdemeanor, expunction is generally off the table. You may still qualify for an order of nondisclosure.
- A conviction for another offense arising from the same criminal episode can block expunction of a related charge.
Expunction vs. Nondisclosure: What’s the Difference?
Texas offers two main ways to clear a criminal record, and choosing the right one matters. An expunction erases the record; a nondisclosure seals it from the public. Expunction is the stronger remedy, but it is available in narrower situations.
| Expunction | Nondisclosure | |
|---|---|---|
| What happens to the record | Destroyed or returned; release and use are prohibited | Sealed from the public |
| Who can still see it | No one may lawfully use the expunged records | Law enforcement, courts, and certain licensing and government agencies |
| Typical cases | Acquittals, charges never filed, qualifying dismissals, completed pretrial diversion | Completed deferred adjudication; certain misdemeanor convictions, including some first-time DWIs |
If you don’t qualify for an expunction today, you may qualify for a nondisclosure now or for an expunction later. We review both options at your consultation.
How the Texas Expunction Process Works
- Eligibility review. We pull your criminal history and court records to confirm the arrest qualifies and identify every agency and entity that holds a copy.
- Filing the petition. We prepare and file your petition in the county where you were arrested, naming every agency that needs to receive the order: the arresting agency, jail, court clerk, prosecutor’s office, the Texas Department of Public Safety, and others.
- Prosecutor review and hearing. The district or county attorney may agree to the expunction or oppose it. If a hearing is needed, we represent you at it.
- Signed order and notice. Once the judge signs the order and it becomes final, the clerk sends it to each agency named in the petition.
- Compliance follow-up. Agencies destroy or return the records, and we confirm your record has been cleared.
Most expunctions take several months from filing to completion, depending on the county and whether the State contests the petition.
Why Work With a Former Prosecutor on Your Expunction?
Every expunction petition is reviewed by a prosecutor’s office that can agree to it or fight it.
As a former prosecutor, Waren Price knows how the State evaluates these petitions and builds each filing to answer its questions up front. He was selected to the 2026 Texas Super Lawyers list in Criminal Defense.
Details matter here. A single missed agency or incorrect date can leave your record sitting in a database long after the judge signs the order. We treat accuracy as non-negotiable so the expunction you paid for actually clears your record.
CRIMINAL DEFENSE
Texas Expunction FAQs
Yes. Most states call it expungement; Texas law calls it expunction. Both refer to the court-ordered destruction of arrest records.
Often, but not always. It depends on why the case was dismissed. Dismissals based on completing pretrial diversion or a specialty court, or on a mistake or lack of probable cause, can qualify. If the dismissal reason doesn’t qualify, you may become eligible once the statute of limitations runs. We review the court file to find the fastest path.
Generally no, unless the offense was a Class C misdemeanor. Deferred adjudication is a form of community supervision, which bars expunction for higher-level offenses. Many people who completed deferred adjudication qualify for an order of nondisclosure instead.
A DWI arrest can be expunged if you were acquitted, the charge was never filed, or the case was dismissed for a qualifying reason. A DWI conviction cannot be expunged, but some first-time offenders may qualify for a DWI nondisclosure. If you are facing a DWI now, see our DWI defense page.
Most take several months from filing to completion. Timing depends on the county, the court’s docket, and whether the prosecutor agrees to the petition.
Texas law requires private companies that sell criminal history information to destroy expunged records once they receive notice of the order. Making sure the right agencies and companies receive that notice is a key part of our work.
The law doesn’t require one, but expunction petitions are technical. Your petition must identify every agency that holds your records, and any agency left off the order may keep its copy. An experienced attorney helps you get it right the first time.
Juvenile records are usually handled through record sealing under the Texas Family Code rather than expunction. Learn more on our juvenile offenses page or call us to discuss your situation.
Talk to a Plano Expunction Lawyer Today
An old arrest shouldn’t keep costing you opportunities. If you were arrested in Plano, Collin County, or elsewhere in North Texas and your case did not end in a conviction, you may be able to clear your record. Call The Price Firm at (972) 335-8222 or schedule a confidential consultation at our office at 5677 Spring Creek Pkwy, Suite 205, in Plano.
This page provides general information about Texas expunction law and is not legal advice. Eligibility depends on the specific facts of your case.
