Georgetown Expunction Lawyer
An expunction asks a court to order records of an arrest destroyed or removed. Texas law lists the situations where a person is entitled to one, and some depend on waiting periods. Texas Defense Team helps people with arrests in Georgetown and Williamson County, and a free consultation is available.
What Is an Expunction in Texas?
What is an expunction?
An expunction is a court order directing agencies to destroy or remove the records and files relating to an arrest. It is governed by Chapter 55A of the Code of Criminal Procedure, which applies to a person who has been placed under a custodial or noncustodial arrest for a felony or misdemeanor (Art. 55A.001). Chapter 55A took effect on January 1, 2025.
Is an expunction the same as a nondisclosure order?
An expunction is not the same as a record sealing or nondisclosure order, which is a separate process with its own rules. This page covers expunction only. For DWI arrests specifically, see our guide to DWI expunction in Texas.
Source: Texas Code of Criminal Procedure Art. 55A.001 (official statute text). Verified October 16, 2026.
- Tex. Code Crim. Proc. Art. 55A.001 — Expunction applies to a person arrested for a felony or misdemeanor
When Is a Person Entitled to an Expunction?
Who is entitled to an expunction?
The statute lists the situations. As written, a person is entitled to have the records and files relating to the arrest expunged if:
| Ground | What the statute says |
|---|---|
| Acquitted at trial (Art. 55A.002) | the person was tried for the offense and acquitted by the trial court, except as provided by Art. 55A.151. |
| No charge filed (Art. 55A.052) | no indictment or information was presented, and at least 180 days have passed (Class C misdemeanor), one year (Class B or A misdemeanor), or three years (felony) since the arrest, or the prosecutor certifies the records are not needed. A person is entitled regardless of whether a limitations period has expired. |
| Charge dismissed or quashed for a listed reason (Art. 55A.053) | the indictment or information was dismissed or quashed because the person completed a veterans treatment court, a mental health court or a pretrial intervention program, because presentment was made by mistake, on false information or without probable cause, or because it was void. The veterans and mental health court grounds require an affidavit that the person has not previously received an expunction under that ground. |
| Limitations expired (Art. 55A.054) | prosecution for the arrest offense is no longer possible because the limitations period has expired. |
| Pardon or other relief (Arts. 55A.003, 55A.004) | after a conviction, a pardon (including a pardon for actual innocence). |
Can a court expunge records in other situations?
A court may also expunge records when an appellate court acquits the person, or when the prosecuting office recommends it (Art. 55A.101).
Sources: Texas Code of Criminal Procedure Arts. 55A.002, 55A.003, 55A.004, 55A.052, 55A.053, 55A.054, 55A.101 (official statute text). Verified October 16, 2026.
- Tex. Code Crim. Proc. Art. 55A.052 — No indictment or information presented: 180 days, one year or three years after arrest, or prosecutor certification
- Tex. Code Crim. Proc. Art. 55A.053 — Indictment or information dismissed or quashed for a listed reason
- Tex. Code Crim. Proc. Art. 55A.002 — Acquittal by the trial court
What Can Stop an Expunction?
What can stop an expunction?
The statute lists exceptions, and a lawyer can check whether any applies. A court may not order expunction for an offense that ended in acquittal if it arose from a criminal episode and the person was convicted of, or remains subject to prosecution for, another offense from the same episode (Art. 55A.151). Records of a driver's license suspension or revocation may not be expunged except as provided by Transportation Code §524.015 or §724.048 (Art. 55A.152). A person arrested on a warrant under Art. 42A.751(b) for a community supervision violation cannot expunge that arrest (Art. 55A.153), and a person who intentionally or knowingly absconded after release is not eligible under the waiting-period grounds (Art. 55A.154).
Does a DWI arrest change anything?
These rules matter for a DWI arrest. An ALR license suspension is a separate civil record, and the statute treats it separately (Art. 55A.152).
Sources: Texas Code of Criminal Procedure Arts. 55A.151 to 55A.154. Verified October 16, 2026.
Where Is an Expunction Petition Filed for a Georgetown Arrest?
Which court gets the petition?
Under Art. 55A.251, the petition is an ex parte petition filed in a district court for the county in which the person was arrested or in which the offense was alleged to have occurred. Georgetown is the county seat of Williamson County (Handbook of Texas Online), so an arrest in Georgetown is generally filed in a Williamson County district court. If the arrest was for a fine-only offense, the petition may instead be filed in a justice court or a municipal court of record in that county (Art. 55A.252). Confirm the right court from your arrest paperwork or with an attorney.
Where do the waiting periods run from?
The waiting periods above run from the date of arrest. If you were arrested for DWI in Georgetown, see our Georgetown DWI page and the Williamson County DWI expunction FAQ.
Sources: Texas Code of Criminal Procedure Arts. 55A.251, 55A.252; Handbook of Texas Online. Verified October 16, 2026.
How Do I Know If I Qualify?
How do I find out whether I qualify?
Eligibility turns on how the case ended and how much time has passed, so start with your paperwork: the arrest date, the offense, and what happened afterward (no charge filed, dismissal and its reason, acquittal, or conviction). An attorney can read those records, check them against the grounds above, and tell you whether an expunction is available or whether you must wait. For other charges, see our criminal defense overview and the Texas DWI hub.
This page is general information, not legal advice. Every case is different, and no outcome can be guaranteed.
What to do now
- Find your arrest date.
- Note the offense you were arrested for.
- Note what happened afterward: no charge filed, dismissal and its reason, acquittal, or conviction.
- Confirm the right court from your arrest paperwork or with an attorney.
- Call (512) 599-9000 for a free consultation.
Frequently Asked Questions
Can I expunge an arrest in Georgetown if no charges were ever filed?+
Possibly. Under Code of Criminal Procedure Art. 55A.052, a person is entitled to an expunction if no indictment or information was presented and 180 days (Class C misdemeanor), one year (Class B or A misdemeanor) or three years (felony) have passed since the arrest, or the prosecutor certifies the records are not needed.
Can a DWI arrest be expunged?+
A DWI arrest can be expunged if one of the statute's grounds applies, for example a dismissal for a listed reason, an acquittal, or no charge filed after the waiting period. A DWI conviction is not on the statute's list unless there is a pardon (Arts. 55A.003, 55A.004). A license-suspension record is treated separately under Art. 55A.152.
Where do I file an expunction petition for a Georgetown arrest?+
Art. 55A.251 provides for an ex parte petition in a district court for the county where you were arrested or where the offense was alleged to have occurred. Georgetown is in Williamson County. For fine-only offenses, a justice court or municipal court of record in that county may be used (Art. 55A.252).
Is an expunction the same as a nondisclosure order?+
No. An expunction orders records of the arrest destroyed or removed under Chapter 55A of the Code of Criminal Procedure. A nondisclosure order is a separate process with different rules. An attorney can explain which one fits your situation.
If my case was dismissed, am I automatically entitled to an expunction?+
Not automatically. Under Art. 55A.053 the dismissal or quashing must be for a listed reason, such as completing a pretrial intervention program or a mistake or lack of probable cause in the presentment. Other dismissals may not qualify, so have an attorney review the reason in your case.