Understanding the Limits of Clearing a Criminal Record Under Texas Law

Expunction can be a powerful legal remedy in Texas — it allows certain arrests and criminal records to be completely erased, as if they never happened. However, expunction is not a guaranteed right. Texas law sets strict eligibility rules, and many people are surprised to learn that they do not qualify, even when charges were dismissed or never led to a conviction.

Below, we explain some of the most common situations where a person is not eligible for expunction in Texas, and why these limitations exist under state law.


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Expunction Is a Statutory Privilege — Not Automatic

Under Texas law, expunction exists only because the legislature created it. Courts are required to strictly follow the statute, meaning that all eligibility requirements must be met. If even one condition is missing, a judge does not have discretion to grant an expunction.

This strict approach has been repeatedly affirmed by Texas courts, making it critical to understand who is excluded before filing a petition.
Am I Eligible?

Community Supervision (Probation) Disqualifies Expunction


One of the most common reasons people are ineligible for expunction is court-ordered community supervision, often referred to as probation.


If a person was placed on probation as a result of their arrest — even if the case was later dismissed or successfully completed — expunction is generally not allowed. Texas courts have made clear that community supervision reflects a level of judicial involvement that disqualifies the arrest from being erased.


In Perdue v. Texas Department of Public Safety, the court emphasized that expunction statutes must be strictly applied and that probation bars eligibility under the Texas Code of Criminal Procedure. This ruling continues to guide how courts evaluate expunction petitions today.

Absconding While on Bail Bars Eligibility


Texas law also excludes individuals who intentionally or knowingly abscond after being released on bail. Absconding generally means leaving the jurisdiction or failing to appear in court as required.


Even if the underlying charge is later dismissed, absconding demonstrates noncompliance with court orders — and Texas statutes specifically state that individuals who abscond are not entitled to expunction.


This exclusion reflects the legislature’s intent to limit expunction to those who complied with the legal process after arrest.

Am I Eligible?

Arrests Based on Probation Revocation Warrants


Another category that often surprises people involves revocation warrants. If someone is arrested based on a warrant alleging violations of existing community supervision, that arrest is not eligible for expunction.


Texas law treats these arrests differently from initial arrests because they arise from an ongoing probationary relationship with the court. As a result, expunction is barred regardless of how the revocation matter ultimately resolves.

Why Texas Sets These Limits


The purpose of expunction is to provide relief to individuals who were arrested but should not continue to face long-term consequences when the legal system did not result in punishment. However, Texas lawmakers intentionally drew clear boundaries.


Actions such as probation, absconding, or supervision violations signal ongoing court involvement or noncompliance — factors that the law considers incompatible with complete erasure of records.

Expunction vs. Nondisclosure


Importantly, being ineligible for expunction does not always mean you have no options. In many cases, a nondisclosure order (record sealing) may still be available. While it does not erase records entirely, it can limit who is allowed to see them, including most employers and background check companies.


Understanding the difference — and knowing which remedy applies — is critical before filing anything with the court.


If you’re unsure whether your case qualifies for expunction or nondisclosure, getting the right guidance early can save time, money, and frustration.


Wyde & Associates can review your record, explain your eligibility, and help you pursue the best legal option available under Texas law. Contact our firm today to take the next step toward protecting your future.


Am I Eligible?