Quinlan, TX asked in Criminal Law for Texas

Q: If a person has an arrest record, but charges were never filed, how can they keep this record from showing up?

Arrested on hearsay, complainants never showed up for court, charges never filed. Still shows up in jail search records.

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1 Lawyer Answer
Phillip Wayne Goff
Phillip Wayne Goff
  • Criminal Law Lawyer
  • Corpus Christi, TX
  • Licensed in Texas

A: Expunction is the procedure to destroy or eliminate records relating to criminal charges. What you described may meet the requirements to qualify for expunction, but more information is necessary. If a person is arrested, but not formally charged in court, he/she may qualify for expunction. For example, if the arrest was 3 years ago, no charge was ever filed, and the charge is a misdemeanor, the person would be eligible for expunction.

Expunction requires the filing of a civil lawsuit in the District Court of the county where the alleged offense occurred. The district judge has the authority to tell the jail to destroy or delete its records of the arrest.

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