You may, in certain circumstances, have your criminal record in a fine-only case “expunged,” meaning the record ceases to exist and you do not have to report it on most applications for employment, college, professional licenses, student loans, etc.
If you were charged as an adult (17 or older in Texas), you are eligible for expunction if:
- you were acquitted (meaning you were found to be innocent);
- the charges were dropped; OR
- you successfully completed a deferred disposition as ordered by the court.
You have special rights to have your record expunged if you were under 17 when you were charged with a fine-only misdemeanor. Even if you were convicted, you have the right to have your record expunged when you turn 17 if you were only convicted of one fine-only offense.
An expunction is not automatic. To obtain an expunction, you’ll need to file a petition with the court.
- There are time limits after being arrested before you can file a petition for expunction. Check with the court before filing a petition.
- Where to file the petition?
- If your fine-only case was handled by a justice court, you can file an expunction petition in that justice court or in a municipal court of record in the same county.
- If your fine-only case was handled by a municipal court of record (most municipal courts in large cities are “courts of record”), you can file an expunction petition there. Ask the clerk to tell you if the municipal court is a court of record.
- If your fine-only case was handled by a municipal court that is not a court of record, you must file a petition for expunction in the district court for the county in which you were arrested or received the ticket.
- Some courts will provide you with a form that you can use if you ask the clerk.
- If not, a sample petition is available here.
- You’ll need to pay a fee with the petition, which can be anywhere from $30 to $150, depending on the circumstances of the case. The fee can be waived if you cannot afford it. Ask the clerk for a Statement of Inability to Pay Court Costs that can be submitted alongside the petition.
Even if you’re not eligible for Expungement, you may be eligible for Nondisclosure. This means that even though the record of conviction is not erased, most people, except for law enforcement and a few other agencies, cannot view it so won't know about it.