Why Multiple Charges Create Confusion in Expungement Cases

Many Texans face more than one charge arising out of a single incident or police encounter. When one charge is dismissed—for example, for lack of probable cause or insufficient evidence—but another charge results in deferred adjudication, it is natural to assume that the dismissed case should be easy to expunge. However, Texas law does not treat criminal charges separately when they arise from the same arrest. Instead, the expunction statute operates on an arrest-based framework, meaning the entire arrest must meet the statutory requirements before any portion of it can be expunged. This structure often prevents individuals from clearing dismissed charges if another charge from the same arrest was resolved through deferred adjudication.

Texas’ Arrest-Based Rule: All Charges Must Be Eligible

The Statutory Foundation

Under Tex. Code Crim. Proc. art. 55A.053, a person is entitled to expunction when the prosecution is dismissed or quashed due to reasons such as lack of probable cause, mistake, or false information. While this appears straightforward, the statute does not operate in isolation. Texas courts interpret expunction through the arrest-based lens found throughout Chapter 55A, which requires every charge linked to the arrest event to independently qualify.

Why Deferred Adjudication Blocks Expunction

Deferred adjudication—except in Class C misdemeanor situations—constitutes “court-ordered community supervision” under Chapter 42A. Because court-ordered supervision is an automatic disqualifier for expunction, any charge from the same arrest disposed of through deferred adjudication automatically renders the full arrest ineligible, even if the companion charge was dismissed entirely.
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Case Law: How Courts Apply the Arrest-Based Approach



Ex parte N.B.J., 552 S.W.3d 376


In one case, the petitioner sought expunction of a dismissed charge, arguing that the favorable disposition should allow for partial expunction. The court rejected this position, holding that expunction is strictly arrest-based and cannot be granted when another charge from the same arrest resulted in deferred adjudication. The case reaffirmed that Texas courts cannot “carve out” individual charges for expunction purposes.



In re Expunction of P.S., 658 S.W.3d 889


In another case, the court again emphasized that when multiple charges arise from one incident, all charges must meet the statutory criteria. If even one charge does not meet the expunction requirements, the entire arrest fails. This case further solidified that partial expunctions are not available in these circumstances.



Why Partial Expunctions Rarely Apply in These Scenarios


While Texas law allows limited forms of partial expunction in narrow circumstances—typically involving clerical errors, mistaken identity, or situations where charges are filed in error—these exceptions do not apply when a petitioner receives deferred adjudication for another charge from the same arrest. Courts have consistently held that a dismissed charge cannot be separated from a companion charge that resulted in court-ordered supervision.

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If Expunction Is Not Available: The Alternative of Nondisclosure


What a Nondisclosure Does


Although expunction may be unavailable, a nondisclosure order can seal the records from the public. Under Tex. Gov’t Code §§ 411.0725 and 411.072, a person who completes deferred adjudication successfully may petition for nondisclosure after meeting the statutory waiting period and eligibility criteria. A nondisclosure:


Prevents employers, landlords, and the general public from accessing the record.

Blocks most private background-check companies from reporting it.

Provides substantial privacy even though the record is not destroyed.



Who Can Still See Sealed Records


Government agencies, prosecutors, law enforcement, and certain licensing boards retain access to nondisclosed records. But for everyday life—employment, housing, loans, and professional opportunities—a nondisclosure is often nearly as protective as an expunction.

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Practical Takeaway: One Deferred Adjudication Can Make the Whole Arrest Ineligible


The key principle is simple:

If one charge from the arrest received deferred adjudication, then none of the charges from that arrest—including dismissed ones—can be expunged.

This is because Texas law requires the entire arrest to meet the statutory requirements, and deferred adjudication disqualifies the arrest from expunction unless the case is a Class C misdemeanor handled under Article 45A procedures.


Conclusion: Get Professional Guidance Before You File Anything


Understanding the nuances of Texas’ expunction laws—and how they apply to arrests involving multiple charges—is essential. Misunderstanding the arrest-based rule can cause individuals to file petitions that will inevitably be denied or, worse, compromise eligibility for future relief. If you have multiple charges arising from a single incident, you should have an attorney review the entire arrest history, the disposition of every charge, and the interplay between chapters 55A and 411 to determine your best available remedy.


If you are unsure whether your cases qualify for expunction or nondisclosure, do not guess. One wrong assumption can delay your eligibility for years. Contact Wyde & Associates today to have a Texas record-clearing attorney evaluate your arrest, explain your options, and guide you toward the fastest possible path to a clean slate.

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