What Is a Limited Expunction?

A limited expunction works similarly to a full expunction—but with an important difference.

With a limited expunction, the public no longer sees your record, but the State (and sometimes the FBI) is allowed to temporarily retain certain records until the statute of limitations expires.

Limited expunctions are most common when a case was recently dismissed and could technically be refiled in the future.

Why Most People Aren’t Eligible for a Full Expunction Right Away

Many people assume that once a case is dismissed, they can immediately clear their record. In Texas, that’s usually not true.

You can only file for a full expunction right away if the prosecutor certifies in writing that the case will never be refiled. In practice, this certification is rare.

In fact, most dismissed cases do not come with this certification, which means you must wait until the statute of limitations runs—or pursue a limited expunction in the meantime.

Texas Expunction Waiting Periods (Statute of Limitations)

Think of the statute of limitations as the “expiration date” on the State’s ability to bring charges again.

Common timelines include:

• Class C misdemeanors: 180 days
  
• Class A or B misdemeanors: 1 year
  
• Most felonies: 3 years
  
• Assault family violence (misdemeanor): 3 years
  
  

Family violence cases often surprise people because the waiting period is longer than other misdemeanors.

Until these time periods expire, a full expunction usually isn’t available.

What If You Have Multiple Charges?

Expunctions become more complicated when multiple charges are involved.

For example, if one charge is dismissed but another charge from the same arrest is still pending—or you’re on probation—you generally cannot get a full expunction yet.

In those cases, a limited expunction may be the only way to clear the dismissed charge from public view while the other case continues.

Why Limited Expunctions Are More Difficult

Limited expunctions are not automatic and are often contested by the State. In most cases:

• The District Attorney will object
  
• A court hearing is required
  
• Affidavits may be needed (for example, from a complainant in family violence cases)
  
• Approval is not guaranteed
  
  

Because of the extra legal work involved, limited expunctions are typically more expensive than standard expunctions. However, for many people, they are still worth it—especially when employment, professional licenses, or housing are at risk.

Why Many Clients File Two Expunctions

This is common:

1. First, a limited expunction is filed to remove the record from public view as soon as possible.
   
2. Later, once the statute of limitations expires, a full expunction is filed to completely destroy the remaining records.
   
   

This two-step approach often provides immediate relief while preserving the ability to fully clear the record later.

Is a Limited Expunction Worth It?

If a criminal record is affecting your job, career, or future opportunities, a limited expunction may be your only option until the waiting period ends.

While it’s more complex and costly, it can stop your record from appearing in most background checks—and that alone can make a major difference.

Talk to a Texas Expunction Attorney

Limited expunctions are highly fact-specific. Eligibility, timing, costs, and required filings depend on your charges, your case history, and the county involved.

If your case was dismissed and you want to explore your options, our firm can review your situation and explain whether a limited expunction makes sense now—or whether waiting for a full expunction is the better move.

Wyde & Associates, PLLC handles expunctions and nondisclosures in every Texas county. Contact us today to protect your record and move forward with confidence.