By dan wyde
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August 5, 2025
If you’ve been arrested or charged with a crime in Texas but were never convicted, the law may now offer you a faster, more powerful way to clear your record. As of January 1, 2025, significant changes have taken effect under Chapter 55A of the Texas Code of Criminal Procedure, thanks to the passage of House Bill 4504. Whether you were arrested and never charged, completed a diversion program, or won your case at trial, these reforms could mean automatic or expedited expunction of your criminal record. At Wyde & Associates, PLLC, we’re helping Texans take full advantage of these reforms. Here’s what you need to know. ⸻ What Is an Expunction? An expunction is a legal process that allows you to permanently erase an arrest or criminal case from your record. Once granted, you can legally deny the incident ever occurred—even under oath. This is different from an order of nondisclosure, which simply seals your record from public view. ⸻ What’s New in 2025? Key Expunction Reforms Under Chapter 55A 1. Automatic Expunctions You may now qualify for automatic expunction in the following situations: • You were acquitted at trial (found not guilty); • You received a pardon—either for actual innocence or any other reason; • You were arrested but released due to mistaken identity or never charged; • Your arrest was for unlawful possession of a handgun before Sept. 1, 2021. For these cases, the law requires courts to issue an expunction order automatically—no need to file a petition or appear in court. ⸻ 2. Shorter Waiting Periods for Non-Charged Arrests If you were arrested and not formally charged, the waiting period to seek expunction has been significantly reduced: • Class C misdemeanor: 180 days • Class A or B misdemeanor: 1 year • Felony: 3 years Even better: if prosecutors certify they do not intend to file charges, you may qualify for immediate expunction—no waiting required. ⸻ 3. Court-Ordered Discretionary Expunction If your case doesn’t qualify for automatic expunction, you may still be eligible for discretionary expunction in cases like: • Dismissals after completing a pretrial diversion, veterans court, or mental health treatment program; • Dismissals not related to actual innocence but without a finding of guilt; • Grand jury no-bill outcomes (subject to certain conditions). ⸻ 4. Mandatory Notice of Expunction Rights Law enforcement agencies must now provide individuals a written notice of their expunction rights upon release from custody—ensuring more people are informed about their right to clear their record. ⸻ 5. Streamlined Procedures • Courts are now required to issue expunction orders within 30 days for eligible cases. • Electronic filing and digital service of process are now standard. • Filing fees may be reduced or waived in certain eligible cases.