Clearing Your Record in Texas: 2026 Expunction Rules for US

What is criminal defense in the United States?

Criminal defense is the process of protecting a person accused of a crime from government prosecution, from investigation through appeal and record clearing. It combines your constitutional rights, state and federal laws, and strategic decisions by you and your lawyer to reduce charges, avoid conviction, or limit penalties.

In the United States, criminal cases are brought by the government (a state, a county, or the federal government) against an individual or company. The core idea is that the prosecution must prove every element of a charge beyond a reasonable doubt, while the defense can challenge the evidence, the law, and how the case was handled.

Key rights in U.S. criminal cases

• Right to remain silent (5th Amendment) - you do not have to answer questions that could incriminate you.
• Right to an attorney (6th Amendment) - if you cannot afford one, the court will usually appoint a public defender.
• Right to be free from unreasonable searches and seizures (4th Amendment) - police generally need a warrant or a valid exception.
• Right to a jury trial (6th Amendment) - in serious cases, a jury decides guilt unless you waive that right.
• Right to confront witnesses - you can cross-examine the prosecution's witnesses.
• Right to due process (5th and 14th Amendments) - procedures must be fair, and you must receive notice and a chance to be heard.

Types of criminal charges

• Infractions / violations - minor offenses like some traffic tickets; usually fines only.
• Misdemeanors - less serious crimes, typically punishable by up to 1 year in a local jail.
• Felonies - more serious crimes, often carrying more than 1 year in prison, long probation, and heavy fines.
• State vs federal crimes - most cases are in state courts; federal cases involve federal statutes (drugs, fraud, immigration, firearms, etc.).

What happens after you are arrested in the United States?

After an arrest, you typically move through a predictable series of steps: booking, initial appearance, bail decision, charging, pretrial hearings, possible plea negotiations, and trial if the case does not resolve earlier. Exact procedures and timelines vary by state and by whether the case is in state or federal court.

Step-by-step U.S. criminal process

1. Arrest or citation
   Police either take you into custody or issue a citation ordering you to appear in court. You should assert your right to remain silent and ask for a lawyer as early as possible.
2. Booking and initial processing
   At the police station or jail, officers take fingerprints, photos, and basic information. In many jurisdictions, your information is immediately entered into statewide and FBI databases.
3. Initial appearance / arraignment
   Within a short time (often 24 to 72 hours if you are in custody), you see a judge who:
   • informs you of the charges;
   • advises you of your rights;
   • decides bail or conditions of release;
   • takes your plea (not guilty, guilty, or no contest, though most lawyers advise pleading not guilty at first).
4. Bail or release decision
   The judge decides whether to release you, with or without bond, or to hold you. Many states use risk-based systems and consider factors like prior record, ties to the community, and the seriousness of the charge.
5. Charging decision
   Prosecutors review the police reports and decide what charges to file. In some states and in most serious felony cases, a grand jury may decide whether to issue an indictment.
6. Pretrial phase
   This phase can last months or longer:
   • Your lawyer investigates, obtains discovery, hires experts if needed, and files motions (for example, to suppress illegally obtained evidence).
   • The prosecution may offer plea agreements to resolve the case without trial.
7. Plea, trial, or dismissal
   The case will typically end in one of three ways:
   • a negotiated plea (with an agreed sentence or recommendation);
   • a trial (bench or jury) where a judge or jury issues a verdict;
   • a dismissal if the prosecution cannot or chooses not to proceed.
8. Sentencing and post-conviction
   If convicted or after a plea, the judge imposes a sentence such as jail, prison, probation, fines, community service, or mandated programs. You may have options for appeals, sentence modifications, and later record relief (including expunction or nondisclosure in Texas, especially after HB 4504).

What are the most common criminal defenses and strategies?

The most common criminal defenses challenge either the facts (what happened), the law (how the statute applies), or the process (how police and prosecutors handled the case). Effective strategy blends legal arguments, negotiation, and sometimes mitigation to minimize the long term impact on your life.

Core defense approaches

• Factual innocence - proving you did not commit the crime or that the prosecution cannot meet the burden of proof.
• Identity / mistaken identity - showing that witnesses or systems misidentified you as the offender.
• Alibi - proving you were somewhere else when the crime occurred.
• Lack of intent or mental state - arguing you lacked the required intent, knowledge, or recklessness for the specific charge.
• Self-defense or defense of others - using lawful force to protect yourself or others from imminent harm.
• Consent - especially in certain assault or property cases where the alleged victim agreed to the conduct.
• Constitutional violations - seeking to suppress evidence from unlawful searches, seizures, or interrogations.

Strategic considerations

• Early damage control - limiting statements to police and others, preserving evidence (videos, messages), and avoiding social media posts.
• Plea vs trial analysis - weighing the strength of the evidence, likely sentence after trial, and immigration or licensing effects of a conviction.
• Mitigation - gathering proof of treatment, counseling, employment, and family responsibilities to support a better plea or sentence.
• Future record planning - making choices now that preserve eligibility for expunction or nondisclosure later, including under Texas HB 4504's updated expunction framework.

How do criminal defense costs and fees typically work in the United States?

Most private criminal defense lawyers charge either a flat fee for each phase of the case or an hourly rate, plus separate costs for experts, investigators, and court fees. The total cost depends heavily on the seriousness of the charge, the complexity of the case, and whether it goes to trial.

Typical fee structures

• Flat fee - one set amount for representation through a particular stage (for example, through plea, or through trial).
• Hourly billing - a per-hour rate that can increase if the case becomes complex or goes to trial.
• Hybrid - a base flat fee plus hourly charges for trial or appeals.
• Public defenders - if you qualify based on income, the court may appoint an attorney at little or no direct cost to you (though some states charge modest administrative fees).

Illustrative cost ranges in U.S. criminal cases

Actual numbers vary widely by city and lawyer. The table below gives rough ranges in U.S. dollars for planning purposes only.

How did House Bill 4504 change expunction rules and timelines in Texas?

House Bill 4504 reorganized and standardized Texas expunction laws, especially for non-convictions and dismissed charges, and clarified waiting periods and eligibility. By 2026, many people whose arrests did not lead to conviction will have a cleaner, more predictable path to expunge their records.

Big-picture impact of HB 4504

• Standardized statutes - HB 4504 consolidated and cleaned up scattered expunction language in the Texas Code of Criminal Procedure, reducing conflicts and confusion.
• Clearer waiting periods - the law refined how long you must wait for expunction after:
  • non-convictions (for example, cases dropped, no-billed, or resulting in acquittal);
  • dismissed charges, including dismissals in the interest of justice.
• Expanded or clarified eligibility - some people who were previously uncertain about eligibility now fall into more clearly defined categories, particularly where:
  • multiple charges arose from one arrest event;
  • some charges were dismissed while others proceeded;
  • there were plea deals or deferred outcomes affecting later expunction rights.
• Better alignment with nondisclosure law - HB 4504 makes expunction rules work more logically alongside Texas Government Code Chapter 411 on nondisclosures.

Who is most likely to benefit under HB 4504 by 2026?

• People arrested but never formally charged, after a certain waiting period passes.
• People whose cases were:
  • dismissed outright, or
  • resolved in their favor at trial (acquittal or not guilty), or
  • no-billed by a grand jury.
• Individuals with older arrests where the outcome is clearly non-conviction but the previous statute language made eligibility uncertain.
• People who already obtained nondisclosure but now want to explore full expunction where HB 4504 clarifies that it is available.

Exact waiting periods and technical eligibility tests under HB 4504 depend on the type of offense, outcome, and whether you have other charges from the same event. Before planning a 2026 expunction filing, you should have a Texas attorney or legal aid office review the specific statute text and your complete criminal history.

What is the difference between expunction and nondisclosure of criminal records?

Expunction (or expungement) usually destroys or returns eligible criminal records, as if the arrest and case never happened, while nondisclosure seals the records from most public view but keeps them accessible to many government agencies. In practice, expunction is stronger but available in fewer situations than nondisclosure.

Plain-language definitions

• Expunction (often called expungement in other states):
  • Applies mainly to arrests that did not lead to conviction, certain juvenile matters, and specific statutory situations.
  • Results in the destruction or return of records held by courts, police, and many agencies.
  • Lets you lawfully deny the arrest or case in many contexts, with narrow exceptions.
• Nondisclosure (Texas term; similar to "sealing" in many states):
  • Hides criminal records from most public background checks and private employers.
  • Leaves records visible to law enforcement, courts, and many licensing bodies (for example, medical, legal, financial licenses).
  • Often available for more types of cases than expunction, especially after deferred adjudication or certain lower level convictions.

Key differences at a glance (Texas focus)

How do you file an expunction petition in Texas in 2026?

By 2026, filing an expunction in Texas will mean applying the cleaned-up HB 4504 rules to your specific case, drafting a detailed petition, filing it in the correct court, serving all agencies with records, and attending a hearing where the judge decides whether to grant the order. The process is formal and paperwork-heavy, so precision matters.

Step-by-step process to file for expunction in Texas (2026)

1. Confirm your eligibility under current law
   Review:
   • the final outcome of your case (dismissed, no-billed, acquitted, etc.);
   • whether you were ever convicted out of the same arrest event;
   • the new waiting periods under HB 4504 for your type of non-conviction or dismissal;
   • whether you have any related charges that might affect eligibility.
   Most people will need a Texas criminal defense or record-clearing lawyer to correctly interpret HB 4504 and Chapter 55 of the Texas Code of Criminal Procedure.
2. Gather all case and arrest information
   You will need:
   • the exact case number(s) and court(s);
   • arrest date, arresting agency, and tracking numbers (TRN, SID, cause numbers);
   • disposition documents (dismissal order, judgment of acquittal, or docket sheet).
   You may also need DPS criminal history records to identify every agency that holds your records.
3. Draft the expunction petition
   Your petition must follow Texas statutory requirements and local court rules. It typically includes:
   • your full name, date of birth, and identifying information;
   • the offense(s) charged and the outcome for each;
   • the arresting agency and all known agencies or entities that maintain records (police, sheriff, DPS, local jails, courts, municipal agencies, sometimes private data brokers);
   • the legal basis for expunction (for example, non-conviction, dismissal, acquittal) and the applicable HB 4504 provisions and waiting period;
   • a request for an order requiring destruction or return of records.
   Errors, missing agencies, or reliance on the wrong statute section can cause denial or incomplete relief.
4. File the petition in the correct court
   Generally, file the petition in the district court in the county where the arrest occurred. Pay the filing fee, which varies by county (often in the range of a few hundred dollars, plus service costs), unless you qualify for a fee waiver based on inability to pay.
5. Serve all required parties
   You must serve:
   • the local prosecutor (district or county attorney);
   • the Texas Department of Public Safety (DPS);
   • each law enforcement agency, jail, and court listed in your petition;
   • any additional entities required by local rule or identified in your criminal history.
   Service is usually done by sheriff, constable, or certified process server, and proof of service must be filed with the court.
6. Prepare for and attend the hearing
   If the prosecutor does not agree to the expunction, the court will hold a hearing where:
   • you or your lawyer present the legal basis for expunction and any evidence (for example, certified dismissal orders);
   • the prosecutor or DPS can object if they believe you do not meet the HB 4504 requirements.
   If the judge grants your petition, the court issues a signed expunction order.
7. Ensure the expunction order is carried out
   Certified copies of the signed order go to all agencies listed. They must then:
   • destroy or return your records as required;
   • update databases to remove public access entries.
   Follow up with your lawyer or the court clerk after several months to confirm compliance and to address any agencies that did not act.

Timing tips for 2026 expunction filings

• Check that the HB 4504 waiting period applicable to your case has fully run by the time you file.
• Expect the process to take several months from filing to final order, depending on court backlog.
• Consider bundling multiple eligible arrests into a coordinated strategy, even if they require separate petitions.

When should you hire a criminal defense lawyer or expunction lawyer?

You should hire or at least consult a criminal defense or record-clearing lawyer as soon as you know you are under investigation, arrested, charged, or considering an expunction or nondisclosure. Early legal help can prevent mistakes that cannot be undone later.

Situations where legal help is especially urgent

• Right after an arrest or search - before you talk to police or sign any statements.
• When you receive a court date or charging document - including citations for misdemeanors that seem minor.
• If you have prior convictions or are on probation or parole - new charges can trigger serious enhancements.
• If you are not a U.S. citizen - even minor pleas can have severe immigration consequences.
• If you hold or want a professional license - nursing, teaching, law, finance, security, and more.
• Before accepting any plea deal - to understand long term record consequences, including whether expunction or nondisclosure will still be possible.
• When considering expunction in 2026 under HB 4504 - especially if:
  • you had multiple charges from one arrest;
  • some counts were dismissed while others were reduced or pled out;
  • you previously applied and were denied under earlier statutes.

How to choose the right lawyer

• Look for someone who focuses on criminal defense or record clearing in the relevant state (for HB 4504 issues, this means Texas).
• Ask about experience with:
  • similar charges or fact patterns, and
  • expunctions and nondisclosures after legislative changes.
• Clarify fee structure up front and what is included (for example, hearings, appeals, extra case numbers).
• Assess communication style: you want clear, direct explanations and realistic expectations.

What are your next steps if you are facing charges or want your record cleared?

Your next steps should focus on protecting your rights now and positioning yourself for the best possible long term outcome, including future expunction or nondisclosure. Acting quickly and systematically improves your options.

If you are under investigation or recently arrested

1. Stop discussing the incident with anyone other than a lawyer, especially on text, email, or social media.
2. Politely assert your right to remain silent and your right to an attorney in any police contact.
3. Contact a criminal defense lawyer in your state and schedule a consultation as soon as possible.
4. Gather documents and information: citations, bail papers, court notices, and names of any witnesses.
5. Follow all court orders and bond conditions strictly to avoid new violations.

If you have an old arrest or dismissed case and want to clear your record

1. Obtain your criminal history:
   • Request records from your state repository (for Texas, the Department of Public Safety), and
   • Collect court dockets or disposition records for each case.
2. Make a timeline of:
   • arrest dates;
   • charges filed;
   • final outcomes (dismissal, acquittal, deferred adjudication, plea, conviction);
   • probation completion dates.
3. If your cases are in Texas, schedule a consult specifically to review eligibility under Chapter 55 and HB 4504 for expunction and under Chapter 411 for nondisclosure.
4. Prioritize which case to handle first based on:
   • impact on employment or licensing;
   • eligibility and waiting periods already satisfied;
   • how visible the record is on background checks.
5. Work with your lawyer to draft and file expunction or nondisclosure petitions, and be ready to appear at hearings if needed.

Long term protection of your record

• Avoid new arrests or citations that can reopen or complicate previous cases.
• Keep organized copies of all court orders, especially dismissal and expunction orders.
• Periodically check your own background through reputable services to ensure outdated or expunged records are not still appearing.
• Stay informed about legal changes, like HB 4504, that may expand or improve your record-clearing options in the future.