Why Unresolved Charges Can Block Expunction and What Texas Law Requires Before Your Record Can Be Cleared

An arrest can follow you long after the initial shock wears off. Even when a case seems minor or likely to be dismissed, many Texans want to know whether they can erase the arrest from their record through expunction—especially when other charges are still pending.
Under Texas law, the answer is clear: you generally cannot expunge an arrest if you are still subject to prosecution for other related charges. Below is a detailed breakdown of how Texas courts and statutes handle expunction eligibility.

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Texas Law Prohibits Expunction While Charges Are Still Pending

Texas expunction is governed strictly by statute. Courts do not have discretion to grant expunction unless every statutory requirement is satisfied.

Under Texas Code of Criminal Procedure Article 55A.151, a court may not order the expunction of arrest records if the individual remains subject to prosecution for any offense arising out of the same criminal episode, as defined by Texas Penal Code § 3.01.

Key Principle:

If even one charge from the same criminal episode remains pending, expunction is barred.
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Expunction Requires That You Are No Longer Subject to Prosecution


Article 55A.052 further limits expunction eligibility. In general, expunction is available only if:


  • No indictment or information was ever presented, or
  • The charge was dismissed or resulted in acquittal, and
  • The person is no longer subject to prosecution for the offense


If prosecutors can still pursue charges—whether actively or in the future—the statutory requirements are not met. Texas courts consistently enforce these conditions as mandatory, not flexible.

Texas Courts Require All Charges to Be Fully Resolved


The Texas Supreme Court has made it clear that expunction is unavailable until all related charges are resolved. In Ex parte R.P.G.P., 623 S.W.3d 313, the Court emphasized that expunction eligibility hinges on whether the petitioner remains subject to prosecution stemming from the arrest. As long as prosecution is still possible, expunction must be denied.


Similarly, in In re Expunction of J.D.R., 649 S.W.3d 449, the court reaffirmed that a petitioner bears the burden of proving that no charges are pending in order to qualify for expunction.


Key Principle:


Courts strictly apply the statute—pending charges are a complete bar to expunction.

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Why Texas Treats Expunction So Strictly


Expunction is considered an extraordinary remedy under Texas law. When granted, it results in the destruction or return of records, as if the arrest never occurred.


Because of its sweeping effect, courts require precise compliance with statutory requirements. Judges cannot weigh fairness, hardship, or personal circumstances to override the statute. This is why timing—and proper legal strategy—matters when seeking to clear a criminal record.


What Options May Exist If Expunction Is Not Yet Available


If expunction is not currently available due to pending charges, other legal remedies—such as orders of nondisclosure—may eventually help limit public access to criminal records, depending on how the case is resolved.


An experienced attorney can evaluate:


  • Whether charges arise from the same criminal episode
  • Whether prosecution is still legally possible
  • When expunction eligibility may arise
  • Whether alternative record-clearing options exist
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Conclusion


Under Texas law, you cannot expunge an arrest if other related charges are still pending.


  • Expunction is barred while prosecution remains possible
  • All charges from the same criminal episode must be resolved
  • Courts strictly enforce statutory requirements
  • Timing and case posture are critical


Attempting expunction too early can result in denial and delay future relief.



If you are facing pending charges and want to understand when—or whether—you can clear your record, our firm can review your case and guide you through the process under Texas law.


Contact Wyde & Associates today to protect your future and explore your legal options.

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