Tex. Alco. Bev. Code § 106.12 deals with expunging an arrest record. The statute says: “Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged.”
Petitions the courts already decided
The State of Texas v. William Douglas Knight, 1991 Tex. App. LEXIS 1664 (1991) is worth reading in full. The court held the record outside the statute. The opinion puts it this way: “No, the second misdemeanor charge is not eligible for expunction because deferred adjudication constitutes court‑ordered probation, barring expunction under art. 55.01(2).”
Texas Department OF Public Safety v. William Robert Loeb, 149 S.W.3d 741 (2004) is worth reading in full. The opinion puts it this way: “Here, the concealed handgun license statute states that an “expunged” conviction does not have the effect of a “conviction.”
Ex Parte M.A.S. (2021) is worth reading in full. The opinion puts it this way: “A person seeking an order of nondisclosure of a criminal history record must file a petition in accordance with § 411.0745 of the Texas Government Code.”
The petition and the sections next to it
On publication of certain criminal record information prohibited; civil liability, the Texas text is Tex. Bus. & Com. Code § 109.005. The statute says: “(a) A business entity may not publish any criminal record information in the business entity's possession with respect to which the business entity has knowledge or has received notice that: (1) an order of expunction has been issued under Subchapter E or F, Chapter 55A, Code…”
Read Tex. Code Crim. Proc. art. 55A.302 when the issue is retention of certain records after expunction. The statute says: “(a) If the state establishes that the person who is the subject of an expunction order is still subject to conviction for an offense arising out of the transaction for which the person was arrested because the limitations period has not expired and there is reasonable cause to…”
On expunction of certain records of child or minor, the Texas text is Tex. Code Crim. Proc. art. 45A.463. The statute says: “(b) This article does not apply to an offense otherwise covered by: (1) Chapter 106, Alcoholic Beverage Code; or (2) Chapter 161, Health and Safety Code.”
When a different section applies
On application for expunction based on mistaken identity, the Texas text is Tex. Code Crim. Proc. art. 55A.256. The statute says: “A person who is entitled to the expunction of information contained in records and files under Article 55A.006 may file an application for expunction with the attorney representing the state in the prosecution of felonies in the county in which: (1) the person resides; or (2) the offense was alleged to have occurred.”
What an order changes
On what the order does, the Texas text is Tex. Code Crim. Proc. art. 55A.401. Read it for what a granted order changes. The statute says: “When an expunction order issued under Subchapter E or F is final: (1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited; (2) except as provided by Subdivision (3), the person arrested may deny the occurrence of the…”
Filing order
- Open Tex. Alco. Bev. Code § 106.12 and read the part on expunging an arrest record. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Texas county uses, then check the form against Tex. Alco. Bev. Code § 106.12.
- If the court grants the petition, Tex. Code Crim. Proc. art. 55A.401 is what the order actually changes.
- Then read The State of Texas v. William Douglas Knight, 1991 Tex. App. LEXIS 1664 (1991). That is a Texas court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Texas?
Read Tex. Alco. Bev. Code § 106.12 when the issue is expunging an arrest record. The statute says: “Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged.”
What does a granted Texas order change?
Tex. Code Crim. Proc. art. 55A.401 deals with what the order does. Read it for what a granted order changes. The statute says: “When an expunction order issued under Subchapter E or F is final: (1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited; (2) except as provided by Subdivision (3), the person arrested may deny the occurrence of the…”
How have Texas courts ruled on expungement?
The State of Texas v. William Douglas Knight, 1991 Tex. App. LEXIS 1664 (1991) The court held the record outside the statute. “No, the second misdemeanor charge is not eligible for expunction because deferred adjudication constitutes court‑ordered probation, barring expunction under art. 55.01(2).”
Nothing on this page is a prediction of how a Texas judge will rule. Tex. Alco. Bev. Code § 106.12 is the text the petition has to satisfy.