resources
Can a Dismissed Criminal Case Be Expunged in Texas?
02 Oct 2026
Yes, a dismissed criminal case can sometimes be expunged in Texas. But there’s a catch: having the charge dismissed does not automatically wipe the arrest or court record from government files.
Houston is a huge, fast-growing Texas city with more than 2.3 million residents according to the U.S. Census Bureau. It is also home to a busy court system, so criminal records can follow people long after a case has ended.
You may have never been convicted, yet an old arrest can still show up when someone checks your background. That can be frustrating. If you are seeking legal assistance with expunging your record in Houston, the first step is determining whether the dismissal and other circumstances of the case meet Texas’s requirements for expunction.
What Does Expunction Mean in Texas?
Expunction is the legal process for removing records tied to an eligible arrest. It can reach records held by courts, police departments, prosecutors, and other government agencies.
In plain terms, the goal is to stop an old arrest from continuing to follow you around. A dismissed charge may be out of your life, but the record of the arrest can still sit in a database somewhere.
Texas handled thousands of these cases recently. During fiscal year 2025, the Texas Department of Criminal Justice reported 6,497 petitions for expunction and 7,222 expunction orders.
Texas calls this process "expunction," although people often use the word "expungement." They generally mean the same thing here.
Expunction Eligibility After a Criminal Dismissal
A prosecutor dismissing your case means the criminal charge ended without a conviction. It does not, by itself, order every agency holding your information to destroy its records.
Texas Code of Criminal Procedure Article 55 A set out the current rules for expunction. Depending on the circumstances, a person may qualify immediately, after a waiting period, or after the statute of limitations has run.
For example, Article 55A.053 covers certain cases that were dismissed or quashed under specific circumstances. Article 55A.054 deals with certain situations where prosecution is no longer possible because the limitations period has expired.
What Types of Dismissals Are Eligible?
Not every dismissal gets the same treatment. Some cases may qualify because the charge was dismissed after a qualifying pretrial intervention program. Certain dismissals involving veterans or mental health programs may also qualify under Texas law.
There are other possibilities. A case may qualify when the indictment or information was based on certain legal problems, such as a lack of probable cause or false information, depending on the circumstances. And then there are cases where the person must wait.
Texas courts see plenty of dismissed criminal cases, according to the Texas Office of Court Administration. This is a useful reminder that "dismissed" and "expunged" are two different things. Your individual case still has to meet the law's requirements.
How to Get a Dismissed Criminal Record Expunged
Expunging a dismissed criminal record starts with getting a copy of the dismissal order and gathering your arrest and court information. You'll want the case number, arrest date, charges, and the court that handled the matter.
Then check your eligibility under Chapter 55A. If you qualify, an expunction petition must be filed with the proper court and should identify the agencies that may have records related to the arrest. A missing agency or incorrect case detail can create delays that nobody wants.
If the court grants the request and the order becomes final, the agencies covered by the order generally must return or destroy the applicable records, subject to exceptions in the law.
Key Takeaways
- A dismissed criminal case may qualify for expunction in Texas.
- A dismissal does not automatically erase the record.
- The reason for dismissal can affect eligibility.
- Texas expunction rules are found in Chapter 55A of the Code of Criminal Procedure.
- Some people must wait before seeking expunction.
- The court must grant an expunction order before covered records are removed.
