Dallas Expunction and Record Sealing Lawyer

Even if Dallas County prosecutors dismiss the charges against you, the case can follow you for years. A Dallas expunction lawyer can help determine whether your record qualifies for expunction or sealing.

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Your criminal case may be over, but your Dallas arrest record doesn't automatically disappear. Expunction and nondisclosure can help remove or seal eligible criminal records, keeping past arrests and charges off routine background checks and protecting your employment, housing, education, and professional opportunities.

Even when prosecutors dismiss your criminal charges, arrest and court records may remain accessible.

Texas provides two primary ways to address this problem. Expunction requires destroying or removing qualifying records, while an order of nondisclosure restricts public access to certain criminal history information.

Your options depend on how your case ended.

Dallas Expunction Lawyer

Michael & Associates Criminal Defense Attorneys helps people throughout Dallas and Dallas County determine whether they qualify to expunge or seal their criminal records.

Our experienced Dallas criminal defense attorneys review your arrest history, court records, and case disposition to identify potential eligibility issues and guide you through the legal process.

Michael & Associates has more than a dozen attorneys serving Dallas, Fort Worth, and surrounding North Texas communities. Our Dallas–Fort Worth defense team includes Zach Redington, a North Texas native with more than 20 years of experience who also serves as the firm's Fort Worth Managing Attorney, and Ryan Eady, a board-certified criminal law specialist and former First Assistant District Attorney and Chief Felony Prosecutor.

Ryan's prosecution experience and Zach's extensive North Texas criminal defense background give our team valuable insight into how criminal cases are resolved and how those outcomes can affect eligibility for expunction or nondisclosure.

We represent clients throughout Dallas County and the surrounding areas, including Collin, Denton, Ellis, Rockwall, and Tarrant counties.

If a past arrest or criminal charge is affecting your future, contact Michael & Associates for a free case review.

Can You Clear Your Criminal Record in Dallas?

Possibly. Texas law allows certain criminal records to be expunged or sealed through an order of nondisclosure, depending on the circumstances.

Expunction may be available after an acquittal, qualifying dismissal, or other eligible disposition. People who successfully complete deferred adjudication may qualify for an order of nondisclosure instead.

Here's a look at the key differences:

Feature

Expunction

Nondisclosure

Primary purpose

Remove qualifying arrest and criminal records

Restrict public access to qualifying criminal history

Records destroyed?

Typically, yes, under the court order

No

Dismissed charges

May qualify

Depends on disposition and statute

Acquittals

Often qualify, subject to exceptions

Usually unnecessary if expunction is available

Deferred adjudication

Limited qualifying circumstances

Common basis for eligibility

Public background checks

Qualifying records removed

Access restricted for most private background checks

Government access

Significantly restricted

Certain authorized agencies retain access

Completing deferred adjudication for a Class A or B misdemeanor or felony ordinarily does not qualify you for expunction, even when the charge is dismissed afterward. However, you may qualify for an order of nondisclosure. Certain eligible Class C misdemeanor dispositions can qualify for expunction.

Related: How to clear your criminal record in Dallas

Who Qualifies for Expunction in Dallas?

You may qualify for expunction if:

  • Someone else was arrested using your identity
  • You were arrested but never formally charged
  • You were acquitted at trial
  • Prosecutors dismissed your criminal charges under qualifying circumstances
  • You successfully completed a qualifying pretrial diversion program
  • You completed deferred disposition for an eligible Class C misdemeanor
  • You were pardoned or received other eligible post-conviction relief

Texas Code of Criminal Procedure Chapter 55A establishes the eligibility requirements for expunction, including qualifying acquittals, dismissals, and other circumstances. Not every dismissal qualifies, and eligibility may depend on the reason for dismissal, applicable waiting periods, and whether other charges arose from the same arrest.

Example: You were arrested for misdemeanor assault following an argument. After reviewing witness statements and other evidence, Dallas County prosecutors dismissed the charge because they could not establish that a crime occurred.

In this instance, you may qualify for expunction, but your lawyer must review the dismissal, arrest history, and statutory requirements before determining eligibility.

What Criminal Charges Can Be Expunged in Dallas?

Texas law allows eligible arrest records involving many misdemeanor and felony offenses to be expunged. Even serious allegations, including aggravated robbery, sexual assault, and murder, may qualify when the case ends in an acquittal or another disposition that satisfies the statutory requirements.

However, the offense, the case outcome, and the circumstances of the arrest can affect eligibility.

  • DWI: First-time DWI, repeat DWI, and felony intoxication offenses
  • Assault and domestic violence: Simple assault, family violence assault, and aggravated assault
  • Drug possession: Marijuana, THC, cocaine, methamphetamine, and other controlled substances
  • Theft offenses: Shoplifting, misdemeanor theft, felony theft, and robbery
  • Weapons offenses: Unlawful carrying of a weapon and other firearm-related charges
  • Other misdemeanors: Criminal trespass, disorderly conduct, public intoxication, and resisting arrest

Example: You were arrested for felony drug possession in Dallas County, but your case ended in a qualifying dismissal. You may be eligible to expunge the arrest from your record. By contrast, a misdemeanor drug possession conviction ordinarily cannot be expunged.

If you were arrested for multiple offenses at the same time, dismissal of one charge may not be enough to expunge the arrest. Texas courts consider how the charges are related and whether the records qualify for expunction under the applicable law.

Our Dallas criminal defense attorneys can review all charges arising from your arrest to determine what records may be eligible for removal.

Related: How to expunge a DWI in Dallas

How Does Expunction Work in Dallas County?

Expunction is a civil legal proceeding that allows an eligible person to petition a court to remove records associated with a qualifying arrest.

Expunction cases involving Dallas arrests may require identifying records maintained by several agencies, including the Dallas Police Department, Dallas County Sheriff's Department, Dallas County District Clerk, and Texas Department of Public Safety.

Your petition must identify the agencies and other entities that hold records covered by the requested expunction.

The process usually involves four steps:

  1. Reviewing your criminal history: Your attorney examines the arrest, criminal charges, case disposition, applicable waiting periods, and records maintained by law enforcement and court agencies.
  2. Filing an expunction petition: The petition identifies the qualifying arrest and the government agencies or other entities that maintain records subject to the requested order. Your attorney prepares the necessary documentation and identifies the agencies that must receive notice.
  3. Court review: The court reviews the petition to determine whether the statutory requirements are satisfied. A hearing may be necessary, particularly if an agency contests eligibility.
  4. Issuing and enforcing the expunction order: If the court grants expunction, the agencies covered by the order must comply with its requirements to destroy, return, or otherwise handle the qualifying records. Private background-check databases may take additional time to update, even after the court issues an expunction order.

Where are Expungement Cases Handled in Dallas County?

Expunction proceedings involving Dallas County arrests are typically handled through the district court system. The Dallas County District Clerk maintains district court records and processes filings for these cases.

Depending on the arrest, an expunction order may need to address records held by the Dallas Police Department, Dallas County Sheriff's Department, Texas Department of Public Safety, prosecutors, and other agencies.

An attorney familiar with Dallas County courts can help identify the appropriate filing court, determine which agencies need notice, and address objections that may arise during the proceedings.

Can You Seal Your Criminal Record in Dallas?

If you don't qualify for expunction, you may still be eligible to seal your criminal record through a nondisclosure order.

Nondisclosure restricts public access to qualifying criminal history information without destroying the underlying records. Lawyers often call it record sealing.

Sealing the record can prevent many private employers, landlords, and members of the public from accessing the information through ordinary criminal background checks. However, law enforcement, certain government agencies, and authorized professional licensing entities may still access sealed records.

It can be particularly useful for people who successfully completed deferred adjudication and received a discharge and dismissal.

Example: You received deferred adjudication for an eligible drug possession offense in Dallas County, successfully completed your community supervision, and had your case dismissed.

Depending on the offense and other eligibility requirements, you may qualify for an order of nondisclosure.

Texas nondisclosure laws are addressed in Government Code Chapter 411, Subchapter E-1.

The Texas Judicial Branch also provides official forms and instructions for people seeking nondisclosure orders.

How Long Do You Have to Wait for Expunction or Nondisclosure in Dallas?

The waiting period depends on the charge, case outcome, and whether you're seeking expunction or nondisclosure.

Expunction Waiting Periods

For certain arrests where no indictment or information was presented, Texas Code of Criminal Procedure Article 55A.052 establishes the following minimum waiting periods.

Eligibility also depends on the statute's additional requirements, including whether criminal charges remain pending and whether the arrest is otherwise eligible for expunction.

Arrest classification

Statutory waiting period

Class C misdemeanor

180 days

Class A or B misdemeanor

1 year

Felony

3 years

These periods are measured from the date of arrest and apply only when the relevant statutory requirements are met. They do not establish how long someone must wait after every dismissal, acquittal, or other qualifying case outcome.

Nondisclosure Waiting Periods

No single waiting period applies to all nondisclosure cases.

Certain misdemeanor deferred-adjudication cases may qualify for nondisclosure without a separate petition under Texas Government Code § 411.072. Other eligible cases require the individual to petition the court.

Depending on the applicable nondisclosure statute, the offense, and the individual's criminal history, eligibility may arise at different times:

  • Upon discharge and dismissal for certain qualifying deferred-adjudication cases, when no additional waiting period applies.
  • After a two-year waiting period for certain misdemeanor deferred-adjudication offenses.
  • After a five-year waiting period for qualifying felony deferred-adjudication offenses.
  • After separate statutory waiting periods for certain qualifying DWI cases, including those governed by Government Code § 411.0731 and § 411.0736.

For certain eligible misdemeanor cases under Texas Government Code § 411.072, an order of nondisclosure may be issued after discharge and dismissal, provided at least 180 days have passed since deferred adjudication began. Other offenses may require longer waiting periods or a separate petition.

Under Texas Government Code § 411.074, certain criminal histories and offenses can disqualify someone from receiving an order of nondisclosure. Eligibility also depends on the specific nondisclosure statute and other legal requirements. Our Dallas attorneys can review your criminal history and determine whether you can apply now.

What are the Benefits of Expunction or Nondisclosure?

A past arrest can create problems long after a criminal case has ended. Employers, landlords, licensing agencies, and other organizations may consider criminal history when making important decisions.

Clearing or sealing eligible records can help protect your opportunities.

  • Employment: Reduce the likelihood that a past arrest or dismissed charge appears during routine employment background checks.
  • Professional licensing: Address potential licensing barriers, although some regulatory agencies retain access to records covered by nondisclosure orders.
  • Housing: Limit the criminal history information available to prospective landlords and property management companies.
  • Education: Help protect opportunities involving college admissions, educational programs, and other applications that involve criminal history questions.

Why Choose Michael & Associates for Dallas Expunctions?

Clearing a criminal record in Dallas requires more than filing paperwork. Your eligibility may depend on how prosecutors handled the original charges, whether other offenses arose from the same arrest, and whether your case meets Texas expunction or nondisclosure requirements.

At Michael & Associates Criminal Defense Attorneys, our Dallas defense team includes former prosecutors, board-certified criminal law specialists, and experienced trial attorneys who understand how criminal cases move through Dallas County courts. We use that experience to evaluate your case history, identify potential eligibility issues, and pursue the appropriate record-clearing option.

Our firm also provides:

  • Experienced Dallas representation: More than a dozen attorneys serving Dallas, Fort Worth, and surrounding North Texas communities.
  • Extensive criminal defense experience: More than 500 years of combined legal experience across a team of 45+ senior trial attorneys.
  • Personalized attention: Manageable caseloads, direct communication with your legal team, and the ability to text your lawyer.
  • Comprehensive case review: Evaluation of dismissals, acquittals, deferred adjudication, and other dispositions that may affect record-clearing eligibility.
  • Free, confidential consultations: An opportunity to discuss your criminal history and available options without an upfront consultation fee.

Our goal is to help eligible Dallas clients move forward without an old arrest or criminal charge creating unnecessary barriers to their future.

Case Example: Class C Family Violence Charge Expunction

A client facing a Class C misdemeanor family violence assault charge was concerned about how the case could affect an ongoing family matter. The client had received a citation but was not taken into custody.

Our defense team reviewed the evidence, including police photographs and videos, and helped the client prepare for court. The court also requested documentation of therapy sessions and a letter addressing the underlying issues and steps to prevent future incidents.

The assault charge was dismissed approximately three months after the case opened, without jail time or a trial. The client subsequently began pursuing expunction through a separate legal proceeding to clear the remaining court records.

Helpful Expunction Resources

Talk to a Dallas Expunction Lawyer About Clearing Your Record

A past arrest can make it harder to land a job, rent an apartment, or pursue professional opportunities, even when your criminal case was dismissed years ago. If you're tired of explaining an old charge every time someone runs a background check, it may be time to explore your record-clearing options.

Our Dallas defense team includes ACS-CHAL Forensic Lawyer-Scientists, former prosecutors, and attorneys with law enforcement backgrounds. We use this collective experience to examine criminal case histories, identify potential eligibility issues, and help clients pursue the appropriate record-clearing option.

Michael & Associates Criminal Defense Attorneys helps clients throughout Dallas County, including Garland, Irving, Richardson, Mesquite, Grand Prairie, Carrollton, Farmers Branch, Addison, DeSoto, Duncanville, Cedar Hill, Lancaster, and Balch Springs.

Whether you're seeking expunction after a dismissed charge or an order of nondisclosure following deferred adjudication, our Dallas attorneys can review your eligibility, explain the process, and help you take the next step.

Contact Michael & Associates today for a free, confidential case review. We're available 24/7 to discuss your situation and help you pursue a fresh start.

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