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

SituationExpunction Available?
Felony conviction that stands as a normal convictionNo
Felony conviction later pardonedPossibly yes
Felony conviction overturned and person acquittedYes
Felony conviction with actual innocence reliefPossibly 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.

Sources & References

  1. Texas State Law Library, Expunctions & Nondisclosure Orders
  2. Texas State Law Library, Expunctions in Texas
  3. Tex. Code Crim. Proc. ch. 55
  4. Texas State Law Library, Expunction & Nondisclosure Research Guide

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Can an old felony conviction be expunged in Texas? | OpenCase