Can an old felony conviction be expunged in Texas?
Short Answer
Usually no. In Texas, a felony conviction generally is not expungeable unless it falls within a narrow statutory exception, most commonly if the person was pardoned or otherwise granted relief based on actual innocence. If the felony did not end in acquittal, pardon, or actual-innocence relief, expunction is typically unavailable.[2][3]
Why
Texas expunction law is governed by Tex. Code Crim. Proc. art. 55.01. That statute allows expunction in limited circumstances, including where the person was:
- acquitted by the trial court; or
- convicted and later pardoned, or otherwise granted relief on the basis of actual innocence.[3]
The Texas State Law Library’s guide also explains that, as a general rule, a person who has been convicted of any offense is not eligible for expunction, absent a pardon or acquittal on appeal.[1]
Practical Rule
| Situation | Expunction Available? |
|---|---|
| Felony conviction that stands as a normal conviction | No |
| Felony conviction later pardoned | Possibly yes |
| Felony conviction overturned and person acquitted | Yes |
| Felony conviction with actual innocence relief | Possibly yes |
Important Distinction: Expunction vs. Nondisclosure
If expunction is unavailable, Texas may still allow some records to be sealed by an order of nondisclosure in limited situations, especially after deferred adjudication.[4] But a completed felony conviction is generally not the type of case that can be expunged just because time has passed.[1][2][3]
Bottom Line
An old Texas felony conviction usually cannot be expunged just because it is old. Expunction is generally limited to cases such as acquittal, pardon, or actual innocence relief.[1][3]
If you want, I can also outline the specific Texas exceptions for felony expunction or compare expunction vs. nondisclosure for felony cases.