Expungement

of Arrest Records

You may purchase our forms and use these instructions in the Expungement Kit ONLY if:

• Charges were never filed and the statute of limitation is expired, or
• Charges were filed, but then dismissed or quashed and the statute of limitation is expired, or
• Charges were filed, but then dismissed or quashed (even if the statute of limitation has not expired) because one of the following is true:
• Because of mistake or false information or for a similar reason indicating the absence of probable cause that you committed the crime charged, or
• Because it was void, or
• Because you completed a pretrial intervention program authorized under Section 76.011 of the Texas Government Code
  

DO NOT PURCHASE the Expungement Kit if:

• You were pardoned, acquitted, or released with a judge’s finding of actual innocence, or
• Charges were never filed and the statute of limitation has not expired, or
• You have not been tried and the prosecutor recommends expunction, or
• Your case involves a “waiting period” and “discretionary expunctions” which require the prosecutor’s assistance and participation in the expunction petition, or
• You have an error on your criminal history record because someone else used your name when he or she was arrested.
  

WARNING! These basic instructions provide general information, not legal advice. It’s a good idea to talk with a lawyer about your particular situation.

A lawyer is trained to protect your legal rights. Even if you decide to represent yourself, try to talk to a lawyer about your case before filing anything.  Zariah Alondra Tax & Legal Services will do all we can to assist you with finding an affordable or even a Pro-Bono attorney at reduced or no cost. Call today for more information.

Frequently Asked Questions

Does it cost anything to file (turn-in) a Petition for Expunction of Criminal Records?

Yes. There is a fee to file a Petition for Expunction of Criminal Records and additional fees for notifying agencies. The fees vary by county. Call the clerk’s office in the county where you were arrested or where the offense(s) allegedly occurred to learn the fees. 

*Please contact us if you are unable to pay your filing fees we may be able to provide assistance where necessary. Please contact us at 888-222-7504 for additional information.  

Expunction - If my record is cleared do I have to tell anyone about the arrest?

No, unless you are under oath in a criminal proceeding about the arrest. But, you can explain that the arrest was cleared from your record.

Expunction - How can I prove my record was cleared?

If the court approves your Petition, everyone listed on your Petition will be ordered to remove the arrest from your record. 

Expunction - Will the Court automatically approve my Petition?

No. The Court will not approve your Petition if:

• You do not meet the requirements, or
• If any party in your case opposes your Petition, and the judge agrees with their opinion.

Will anyone else be in court for the hearing?

The clerk will give each official, agency, or governmental entity named in your Petition notice of the hearing.

Any of the parties listed in your Petition may go to your hearing. If they do not want your record cleared, they can tell the judge at your hearing.

How long does it take to get a hearing date after I file (turn in) my court papers?

Ask the clerk of the court where you file your court papers how to schedule a hearing date for your case. The hearing date will be at least 30 days after you file your Petition. 

Expunction - Is there anything else I should do after the Judge signs the Order?

Yes. About 6 months after the judge signs your Order, get your criminal history from the Department of Public Safety to confirm the arrest has been removed from your records.

Purchase the Instructions & Forms you can use to file an expunction case called a “Petition for Expunction of Criminal Records" (as long as you meet the legal requirements).