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How Expungement Clears Criminal Records in San Antonio
Expungement is the powerful legal process that clears criminal records in Texas. If you’ve ever been arrested in Bexar County, a criminal record was created. And unless you expunged it, it’s still there — even if the case was dismissed.
San Antonio expungement lawyers can have the records removed through a legal procedure called expunction. Expunction restores records and reputations, and provides confidence when undergoing a background check.
How long does a dismissed case stay on your record?
Forever, if you don’t take action.
As a Texas expunction lawyer, I have handled hundreds of expunction matters, including misdemeanors and felonies from courts across San Antonio and Bexar County, and I talk to people every week that are shocked when an old charge shows up on a background check.
The idea that dismissed charges “go away” or “fall off” the record is a common misconception here in the Alamo City and across Texas.
After handling hundreds of Texas expunction matters, including dismissed cases in San Antonio from Bexar County courts Municipal courts, I have seen the same misunderstanding repeatedly: a dismissal ends the prosecution. But it doesn’t clear the criminal record.
If you qualify, an expunction — often called expungement — under Chapter 55A of the Texas Code of Criminal Procedure does clear the record.
Why does a dismissed case stay on your record?
Dismissed cases stay on your record pursuant to Texas law.
Even criminal records that qualify for expungement remain on your record unless you take action on your own to delete them through the expunction process.
The records are maintained by various agencies, including:
• San Antonio Police Department
• Bexar County Sheriff’s Office
• Bexar County District Attorney’s Office
• Bexar County Clerk
• Bexar County District Clerk
• Texas Department of Public Safety
All of the agencies have some version of publicly accessible records. This makes it easy for an old charge to pop up on a background check.
What does expungement actually do?
Expungement is a court order to delete and destroy the records of an arrest and criminal case.
Once the judge signs the order, the agencies covered by it must clear the records they hold. That includes court records, arrest records, police records and criminal history information maintained by the Texas Department of Public Safety.
Texas law also allows you to deny that the arrest ever happened.
That is what makes expungement so powerful. When you expunge your record, it instantly restores your reputation and lets you move forward without an old arrest casting a shadow on your future plans.
Who qualifies for expungement in Bexar County?
Texas law allows criminal records to be expunged in several situations. In Bexar County, the four most common scenarios for expunction eligibility are:
1. Dismissed cases. Dismissal for any reason other than deferred adjudication.
2. Charges that were never filed. These are cases that ended with a No Bill or where a prosecutor never filed an Information, and the statute of limitations has run.
3. Pretrial diversion dismissals. Cases dismissed after successful completion of a pretrial diversion program like the Bexar County Veteran’s Treatment Program.
4. Acquittals. If a judge or jury finds you not guilty, Texas law allows the arrest and case records to be cleared.
The important point is that the law looks at the entire arrest, not just one line on a Bexar County court website. Multiple charges, related cases and the way each charge ended can affect the result.
That is why the arrest record, charging documents, dismissal and court history all matter when determining whether a Bexar County criminal record can be cleared.
How does a Bexar County expunction work?
A Bexar County expunction starts with an expunction lawyer gathering criminal records, identifying the arrest and case, and preparing a petition under Chapter 55A of the Texas Code of Criminal Procedure.
When the petition is filed in a Bexar County district court, the Bexar County District Clerk’s Office sends notice of the expunction proceeding to the agencies involved. The Bexar County District Attorney’s Office is also consulted to determine whether prosecutors oppose the expunction.
A hearing is then held at the Bexar County Courthouse, where the petitioner, the District Attorney’s Office and the Texas Department of Public Safety can appear and make arguments about whether the expunction should be granted.
If the judge signs the order, the records covered by it must be deleted or destroyed.
Most expunctions are straightforward. When there is a dispute, the court resolves it by applying Chapter 55A to the history of the arrest and case.
The whole process can take between 3 and 6 months.
Why does clearing the record matter in San Antonio?
Criminal records are public records. Dismissed charges can hinder your chances of getting a job simply by adding a negative connotation to an otherwise stellar job application.
I see this most often in San Antonio professional communities — from nurses and other professionals in the South Texas Medical Center to educators, UTSA graduates entering licensed professions, and service members or contractors connected to Joint Base San Antonio.
Getting a DWI, Public Intoxication or other criminal charge dismissed is the courtroom victory. Taking the next step to clear the record through expungement is the full and final realization of that stellar outcome.
What to look for in San Antonio expungement lawyers?
When people search for the expungement lawyers in San Antonio they’re looking for someone to clear the record effectively, fast, and at a fair price.
Expungement is one of the primary dedicated practice areas for Trey Porter Law. My firm has successfully expunged misdemeanors and felonies from courts across San Antonio and Bexar county.
Don’t let the past hold you back. Contact Trey Porter Law at 210-673-1180 for a free eligibility review.
