What is the Difference in a Dismissal and Expunction in Texas?

Under Texas Law, there is a difference between a Dismissal of a Criminal Offense, and an Expunction of a Criminal Offense.  So which one is better for you?  The answer is obvious: Expunction.

A criminal case that is Dismissed means that the case is no longer pending, and there was no final finding of guilt by a Judge.  There are several ways a case can be dismissed, including Deferred Prosecution, Deferred Disposition, Dismissed for Insufficiency of the Evidence, or in the Interest of Justice.

Currently, as of this writing, if the case was Dismissed, and there are no other related cases that ended in a Conviction (such as a second charge, reduce charge arising from the same facts as the Dismissal), then the case SHOULD be eligible for Expunction.

Beware: Dismissals after Deferred Adjudication Probation are not considered a full Dismissal in terms of Expunction eligibility.

So why is Expunction so great? Why is Expunction better than letting the case remain a mere Dismissal? Because on an Expunction, the Judge Orders the state agencies that hold your record to destroy your paperwork and records.  Essentaillyu, the existence of the arrest, citation, and court proceedings are destroyed.

Expunction Law is always changing, so call us to see what we can do -- before the law changes again.