Deadlines That Control When Your Record Must Disappear

Expunction in Texas is a legal process designed to erase criminal records and restore an individual’s privacy and rights. However, issuing an expunction order is only the first step—the law also imposes strict deadlines on courts, government agencies, and other entities to comply with the order. Failure to meet these timelines can jeopardize the expunction, leaving records improperly accessible.

Understanding these deadlines and the responsibilities of all parties involved is crucial for anyone seeking expunction in Texas.

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Statutory Deadlines for Compliance

Texas law sets out clear timelines and procedures to ensure expunction orders are enforced efficiently:

Sealing or Destroying Records
  • Under Tex. Fam. Code § 58.259, entities receiving an expunction order must limit access, destroy, or seal records within 61 days. If an entity cannot comply due to incorrect or insufficient information, it must notify the court within 30 days. Entities with no relevant records must provide written verification to the court within the same period.

Court Entry of Expunction Orders
  • Tex. Code Crim. Proc. Art. 55A.202 requires that a court enter an expunction order no later than 30 days after receiving notice of a pardon or other qualifying relief, provided the petitioner supplies all required information.

Return or Obliteration of Records
  • Tex. Code Crim. Proc. Art. 55A.353 mandates that officials, agencies, or entities listed in the expunction order must either return all records to the court or obliterate identifying portions if removal is impracticable. All index references in public records must also be deleted.

Notification of Relevant Entities
  • Under Tex. Code Crim. Proc. Art. 55A.351, the court clerk must send copies of the expunction order via certified mail or secure electronic transmission. Returned receipts must be maintained in the case file, and electronic transmission is encouraged when possible.

Confidentiality of Court Records
  • Tex. Code Crim. Proc. Art. 55A.356 requires that court records related to expunction proceedings remain confidential. Most records must be destroyed on the first anniversary of the order unless retention is necessary under specific provisions.

Truancy Records
  • Tex. Fam. Code § 65.201 obligates truancy courts to seal records after determining compliance with court-ordered remedies, delete index references within 30 days, and maintain confidentiality.
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Case Law Emphasizing Timely Compliance


Texas courts have reinforced the importance of adhering to statutory deadlines:


Premature Hearings and Lack of Notice

  • In Tex. Dep’t of Pub. Safety v. Arbelo, 170 S.W.3d 734, the court reversed an expunction order because DPS was not given reasonable notice, and the hearing occurred before the statutory 30-day waiting period.


Failure to Notify Agencies

  • In Tex. Dep’t of Pub. Safety v. Riley, 773 S.W.2d 756, an expunction was set aside for not notifying the agency or observing the 30-day waiting period. Similarly, Texas Dep’t of Pub. Safety v. Deck, 954 S.W.2d 108 reversed an order due to missed notifications.


Temporary Retention for Related Proceedings

  • In re Expunction of R.A., 417 S.W.3d 569 affirmed that records may be temporarily retained for ancillary proceedings, highlighting selective retention as a lawful practice.


Entities Not Listed in the Petition

  • City of Fort Worth v. D.T., 165 S.W.3d 425 clarified that unlisted entities are not bound to destroy records but cannot release or use expunged records.


Partial Expunctions and Selective Redaction

  • State v. T.S.N., 547 S.W.3d 617 confirmed that individuals acquitted of one charge are entitled to expunction of all records related to that charge, even if other charges from the same arrest led to conviction.
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Key Takeaways


  1. Texas law imposes strict deadlines on courts and agencies to enforce expunction orders.
  2. Compliance includes returning, sealing, or destroying records and notifying all relevant entities.
  3. Courts require proof of proper notice and adherence to statutory waiting periods.
  4. Case law consistently emphasizes that failure to follow procedures can invalidate an expunction order.
  5. Partial expunctions or temporary retention for related cases is allowed under law, but only if explicitly justified.


If you’ve received an expunction order, it’s critical to ensure that all courts and agencies comply within the statutory deadlines. Contact Wyde & Associates today to verify compliance, protect your privacy, and address any issues with improperly retained or disclosed records.

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