The 180 Day Expunction

There has been much confusion about the 2011 amendment to the Texas expunction statute. The articles written by attorneys across the State range from authoritative summaries to downright incorrect. For a detailed explanation of what our Texas Legislature did last September, you can click here. This is the short version:

A person can file for a 180 day expunction if:

  • The case was originally filed as a Class C (no information or indictment presented)
  • They have been “released” (case was dismissed outright or through deferred adjudication)
  • 180 days have expired from the date of the offense

How it will be expunged:

  • The judge must order to prosecutor and police agency to retain their file
  • All other entities must destroy their records, including those who share your record with the public
  • If prosecutor certifies that files are no longer needed, even prosecutor and police files are destroyed
  • If prosecutor retains files, even those can be destroyed after 2 years with a second expunction

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

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