Expunction or nondisclosure?
An expunction orders agencies to destroy or return the records of an arrest. Afterward, you may generally deny that the arrest happened. An order of nondisclosure seals the records from the public, but police, courts and certain licensing agencies can still see them. Which one you can get depends on how the case ended. Texas moved its expunction law to Chapter 55A of the Code of Criminal Procedure on January 1, 2025.
If your case was dismissed, no-billed or never filed
- Never charged, or the grand jury declined to indict: you are generally entitled to expunction after a waiting period counted from the arrest. Most unlawful carrying of a handgun charges under Penal Code 46.02 are Class A misdemeanors, so the wait is one year, as long as no felony charge came out of the same incident. You can file sooner if the prosecutor certifies the records are no longer needed (Code of Criminal Procedure art. 55A.052).
- Charged, then dismissed: expunction is available when the court finds the charge was dismissed because you completed a pretrial intervention program or a veterans treatment or mental health court program, because the charge was filed by mistake or on false information showing there was no probable cause, or because the charge was void (art. 55A.053). It is also available once the limitations period runs out (art. 55A.054).
- No community supervision: these rules require that you were not placed on court-ordered community supervision, which includes deferred adjudication, for the offense, unless it was a Class C misdemeanor (art. 55A.051). Expunction covers the whole arrest, so probation on one charge from the same arrest can block expunction of the others.
If you were found not guilty
An acquittal by the trial court gives you a right to expunction. At your request, the trial court must enter the expunction order no later than 30 days after the acquittal, and your defense lawyer prepares it (arts. 55A.002 and 55A.201). There is an exception when the charge was part of the same criminal episode as another offense you were convicted of or can still be prosecuted for (art. 55A.151).
If you were convicted before September 1, 2021
When Texas adopted permitless carry in 2021, it also created a special expunction for old unlawful carry convictions. You are entitled to expunction if you were convicted of unlawful carrying of a handgun under Penal Code 46.02(a), as that law read before September 1, 2021, for an offense committed before that date (art. 55A.005, formerly art. 55.01(a)(1)(C)). The rule covers convictions under 46.02(a). It does not cover deferred adjudication, and bills to extend it in 2025 did not pass.
If you received deferred adjudication
Deferred adjudication generally rules out expunction, but you may be able to get an order of nondisclosure. For a misdemeanor unlawful carry case, you can petition the court that placed you on deferred adjudication two years after your discharge and dismissal, and the court must find that sealing the record is in the best interest of justice (Government Code 411.0725). Certain other convictions or a family violence finding make you ineligible (Government Code 411.074).
Where to file and what it costs
- Most expunction petitions are filed in the district court of the county where you were arrested or where the offense allegedly occurred (art. 55A.251). Fine-only offenses can go to a justice or municipal court of record.
- The petition must list every agency that may have records of the arrest, and the court sets a hearing at least 30 days after filing.
- The clerk may not charge a fee to send the order electronically, but charges $25 for each listed agency that cannot receive it electronically (art. 55A.351). Filing fees vary, so check current costs with the district clerk. If you cannot afford court costs, you can file a statement of inability to pay.
After the order
- After an expunction, you may generally deny the arrest. If asked under oath in a criminal proceeding, you may state only that the matter has been expunged (art. 55A.401).
- After nondisclosure, you generally do not have to disclose the case on applications for employment, information or licensing (Government Code 411.0755).
- Keep a certified copy of your order. If a private background check company still reports the case, the order is your proof.
Firearms and your License to Carry
A Class A misdemeanor unlawful carry conviction is generally not a federal firearm disqualifier on its own. For a License to Carry, a pending Class A or B charge, or a Class A or B conviction within the last five years, makes you ineligible, and deferred adjudication counts as a conviction for this purpose unless it has been expunged, sealed, pardoned or set aside (Government Code 411.171 and 411.172). Clearing the record can matter for your license as well as your job search.
Frequently Asked Questions
Can I expunge an unlawful carry charge that was dismissed?
Often, yes, if you were not placed on community supervision or deferred adjudication and the waiting period or another qualifying condition is met. The details of the dismissal matter.
I was convicted of unlawful carry years ago. Can I clear it?
If the conviction was under Penal Code 46.02(a) for an offense before September 1, 2021, you are likely entitled to expunction under article 55A.005.
Do I need a lawyer?
Not always, but petitions are rejected for missing agencies or details, and an error can delay the process for months. We prepare the petition, serve every agency, and attend the hearing.
Sources: Tex. Code Crim. Proc. arts. 55A.002, 55A.005, 55A.051-.054, 55A.201, 55A.151, 55A.251-.254, 55A.351, 55A.401; Tex. Gov't Code 411.0725, 411.074, 411.0755, 411.171, 411.172; Tex. Penal Code 46.02; Tex. Att'y Gen. Op. KP-0402 (2022). Reviewed November 2026. This guide is general information, not legal advice for your situation.