As of January 1, 2026, significant reforms to Texas expunction law are now fully in effect, following a slate of legislative changes enacted by the Texas Legislature in 2025. These reforms are designed to expand eligibility, shorten waiting periods, and streamline how eligible individuals clear their criminal records—especially for misdemeanor arrests and certain dismissals. The goal: to make it easier for people to move on from past arrests that did not result in convictions or that ended favorably for the defendant.
When Did the New Laws Take Effect?
While many key provisions took effect September 1, 2025, the systemwide implementation—including changes to fees and expanded eligibility pathways—is fully operational as of January 1, 2026.
Major Changes Under the 2025 Legislative Reforms
- Expanded Expunction Eligibility for Misdemeanor Cases
Under longstanding Texas Code of Criminal Procedure reforms, individuals who were arrested for nonviolent misdemeanors that did not lead to a conviction may now qualify for expunction under broader circumstances. Key updates include:
- Automatic expunction in specific cases: If a person was arrested and later acquitted, pardoned, released due to mistaken identity, or never formally charged, courts are now required to issue an expunction order automatically—without a petition or court appearance.
- Deferred adjudication completion: Individuals who successfully completed deferred adjudication (resulting in dismissal of the case) for certain qualifying misdemeanors may now seek expunction subject to a waiting period, expanding opportunities to clear these records.
These changes reflect a policy shift recognizing that a dismissed case or favorable outcome should not permanently hinder a person’s opportunities in employment, housing, or beyond.
Misdemeanors That May Qualify for Expunction After Deferred Adjudication
A person may be eligible to expunge deferred adjudication records if all criteria are satisfied:
- The offense was a misdemeanor arrest for a nonviolent misdemeanor.
- The person was placed on deferred adjudication community supervision under Texas Code of Criminal Procedure Chapter 42A and later received a dismissal and discharge.
- The person has no requirement to register as a sex offender based on the case.
- The individual has remained law‑abiding since the case and has no new non‑traffic criminal cases.
- A waiting period of at least five (5) years has passed since the date of dismissal and discharge.
Importantly, the statute defines the qualifying misdemeanor category largely by what it excludes, meaning the eligible misdemeanors are generally nonviolent and low‑risk offenses that fall outside the exclusions listed below.
Misdemeanors That Do Not Qualify
Deferred adjudication cases for the following types of misdemeanor offenses are excluded from this expunction pathway and typically must rely on traditional discretionary expunction or nondisclosure (record sealing) if otherwise eligible:
- Misdemeanors under Chapter 483 of the Texas Health & Safety Code, including controlled‑substance possession and related drug offenses.
- Misdemeanors under the following Texas Penal Code chapters:
- Chapter 25 – Sexual Offenses
- Chapter 42 – Disorderly Conduct, Harassment, Stalking, and related offenses
- Chapter 43 – Public Indecency and related offenses
- Chapter 46 – Weapons Offenses
- Chapter 71 – Organized Crime
- Penal Code § 48.02 – Failure to Stop and Give Information
- Crimes classified under Penal Code Title 5 or Title 8, which include many violent or serious offenses
These exclusions reflect the Legislature’s intent to limit expunction relief to nonviolent, low‑risk misdemeanor arrests, while preserving public‑safety‑related records for more serious offenses.
- Shorter Waiting Periods for Non-Charged Arrests
For many people whose arrests never resulted in formal charges, the waiting periods to file for expunction have been significantly shortened:
- Class C misdemeanors: Eligible after 180 days from arrest.
- Class A & Class B misdemeanors: Eligible after 1 year from arrest.
- Felonies: Eligible after 3 years.
Additionally, if the prosecutor files a certificate of non-intent to prosecute, a person may qualify for immediate expunction without waiting the full statutory period.
- Discretionary and Court-Ordered Expunctions
The law continues to allow discretionary expunctions in situations where a case was:
- Dismissed after completion of a diversion program (e.g., pretrial intervention, veterans court, or mental-health programs).
- Dismissed for lack of probable cause, even if a formal charge was filed.
- Cases where a grand jury refuses to indict may also be considered.
These pathways are particularly important for those whose cases did not result in acquittals but nonetheless ended with favorable dismissals.
- Mandatory Notice and Streamlined Court Process
Law enforcement agencies are now required to provide individuals with written notice of their expunction rights upon release from custody. This aims to increase awareness of one’s ability to clear records.
Courts are likewise directed to issue expunction orders within 30 days of eligibility confirmation, and electronic filing and service are now standard procedural tools.
- Changes to Fees (Effective January 1, 2026)
A temporary repeal of certain expunction fees that was in place from September 2025 is ending. Effective January 1, 2026, a statutory expunction fee under Chapter 55A will be reinstated, impacting how petitions are filed and processed.
What This Means for You
The 2025 reforms reflect a broad bipartisan effort to ensure that people are not unduly burdened by arrests that did not result in conviction or ended favorably. As of January 1, 2026, individuals with qualifying misdemeanor arrests, acquittals, or dismissals have new opportunities to clear their records, subject to statutory criteria and waiting periods described above.
If you or a loved one may qualify under these updated provisions, the expunction process remains a court-ordered legal procedure. An experienced attorney can help determine eligibility, prepare the necessary petition, and guide you through the filing process.
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About The Law Firm of Vonnie C. Dones III
The Law Firm of Vonnie C. Dones III is a full-service legal practice founded and led by experienced attorney Vonnie Clay Dones III, Esq. The firm serves clients in Texas, New York, New Jersey, and the District of Columbia, with a core focus on helping individuals navigate complex legal matters with clarity and confidence.
Attorney Dones brings a unique blend of legal and real-world experience to his practice. Before founding the law firm, he served as a criminal prosecutor with the Harris County District Attorney’s Office, where he managed and prosecuted approximately 2,600 misdemeanor and felony cases—giving him deep insight into both sides of the criminal justice system.
In addition to his work in criminal law, Dones has served as a staff attorney at the Earl Carl Institute at Thurgood Marshall College of Law, supervising law students and representing juveniles in juvenile court matters across Harris County.
The firm’s practice areas include:
- Criminal Defense and Expungement
- DUI & DWI Defense
- Juvenile Law
- Entertainment & Sports Law
- Landlord-Tenant Law
- Small Claims and Civil Disputes
- Record Sealing and Criminal Record Cleanup
Vonnie C. Dones III is admitted to practice in Texas, New York, New Jersey, and the District of Columbia, and holds a J.D. from Cleveland-Marshall College of Law as well as dual bachelor’s degrees in English and Psychology from the University of Houston