Galveston County Expungement Lawyers

An Arrest in Galveston County Doesn’t Have to Follow You Forever

Galveston County processes a significant volume of arrests every year, and a disproportionate number of them involve visitors who came to the island for a weekend and left with a criminal charge. A public intoxication arrest during Mardi Gras. A DWI stop after the Lone Star Rally. A misdemeanor drug charge during Spring Break. Many of these cases are dismissed, reduced, or resolved without a conviction. But the arrest record remains in public databases until someone takes legal action to remove it.

That applies to residents too. An old drug possession charge, an assault arrest where no charges were ever filed, a case that ended in deferred adjudication years ago. In Galveston County, where the maritime industry, UTMB Health, the petrochemical sector in Texas City, and the tourism economy all employ people in fields with background check requirements, a record that should no longer matter can continue closing doors long after the legal matter was resolved.

If you are looking for a Galveston County expungement lawyer, The Webb Firm, P.C. helps people throughout Galveston County understand their options and pursue the record relief they are entitled to under Texas law. We have an office in Galveston and handle expunction and nondisclosure petitions for clients across the county. Contact us today for a free consultation.

What Is the Difference Between Expungement and Record Sealing in Texas?

Texas offers two distinct forms of criminal record relief, and confusing them can lead to a denied petition or a missed opportunity. Understanding which one applies to your situation is the starting point for any conversation about clearing your record.

An expunction permanently erases an arrest or charge from your criminal history. Once granted, all records related to the arrest, the charges, and the court proceedings are destroyed. You can legally deny that the arrest ever occurred in most contexts, including job applications, housing inquiries, and professional licensing reviews. Expunction is the more complete remedy but applies in a narrower set of circumstances.

A nondisclosure order seals your record rather than destroying it. Law enforcement agencies and certain state licensing bodies retain access, but the general public and most private employers conducting background checks do not. Nondisclosure applies to a broader range of situations and is the path available to many people who completed deferred adjudication and do not qualify for a full expunction.

Neither form of relief is automatic. Texas passed legislation in 2025 that streamlines automatic expunctions for acquittals and no-bill cases, but even those can fall through the cracks and should be verified. For most other qualifying situations, you must file a petition. A dismissed case does not clear your record on its own.

Do I Qualify for Expungement in Texas?

Expunction eligibility in Texas is determined by how your case was resolved, not just by the charge itself. Texas courts apply these standards strictly, and a petition that does not meet the statutory requirements will be denied regardless of the circumstances.

The situations that may qualify a person for expunction include:

• Charges Dismissed or Never Filed: If you were arrested but charges were never filed, were dismissed, or the statute of limitations has run without prosecution, you may qualify for expunction once the applicable waiting period has passed. A dismissed charge from a Mardi Gras arrest, a Spring Break possession case that never went anywhere, or a DWI that was reduced and dismissed are all examples of situations worth evaluating.
• Acquittal at Trial: A not guilty verdict at trial, whether at the original trial or on appeal, makes you eligible for expunction of the arrest and charge.
• Completed Pretrial Diversion: Successfully completing a pretrial diversion or intervention program with a resulting dismissal can qualify you for expunction.
• Class C Misdemeanor Deferred Adjudication: Successfully completing deferred adjudication for a Class C misdemeanor is one of the narrow exceptions where expunction may be available despite a deferred resolution.
• Pardon: A gubernatorial or presidential pardon opens the door to expunction of that offense.

What cannot be expunged is just as important. If you pleaded guilty or no contest, were found guilty at trial, or completed deferred adjudication for a Class A or B misdemeanor or any felony, expunction is generally not available. Nondisclosure may still provide meaningful relief in those situations, but it is not available for offenses involving family violence, murder, aggravated kidnapping, human trafficking, child endangerment, or any offense requiring sex offender registration.

What Still Shows Up After an Expungement

This is one of the most practical questions people have after pursuing record relief, and it deserves a direct answer.

After a court grants an expunction, the records related to the arrest are ordered destroyed. Private background check companies are notified and required to remove the information.

What does not change after either form of relief:

• Law Enforcement Access: Law enforcement agencies and criminal justice bodies retain access to sealed records under a nondisclosure order. Expunged records are destroyed, but law enforcement may still have independent knowledge of an arrest.
• Certain Licensing Boards: Some state licensing boards, including those governing healthcare, education, and law enforcement careers, retain access to sealed records under a nondisclosure order. For maritime workers, UTMB employees, and petrochemical industry professionals in Galveston County, understanding which boards retain access is critical information before deciding whether nondisclosure serves your interests.
• Federal Employment and Military: Federal employment applications, military service applications, and immigration proceedings may require disclosure of expunged or sealed records in certain circumstances.
• Criminal Proceedings Under Oath: If you are under oath in a criminal proceeding specifically about an expunged arrest, you must acknowledge it occurred. This is a narrow exception but a real one.
• Database Update Delays: Even after a court order is granted, private background check databases can take weeks or months to update. Following up to confirm removal is part of the process.

In most contexts, the arrest will no longer appear on a standard background check, and you can legally deny it ever occurred. After a nondisclosure order, the record is sealed rather than destroyed and will not appear on checks run by most private employers or landlords.

How Long Does Expungement Take in Texas?

The timeline for an expunction in Texas has two phases: the mandatory waiting period before you can file, and the court process after you do.

Waiting periods depend on the offense. For a dismissed Class C misdemeanor, the wait is 180 days from the date of arrest. For dismissed Class A and B misdemeanors, it is one year. For a felony arrest where charges were never formally filed, it is three years. There is no waiting period for acquittals or pardons.

Once the waiting period has passed, a petition is filed with the Galveston County District Courts, regardless of which court handled the original case. All relevant government agencies must be served and given at least 30 days to respond before a hearing can be scheduled. In Galveston County, the court typically schedules the hearing within 90 days of filing. If the petition is uncontested, the hearing is usually brief. After the order is granted, agencies are given additional time to destroy or return records, and full compliance can take several months. From filing to final record destruction, most straightforward cases resolve within four to six months.

I Was Arrested in Galveston But I Live Somewhere Else. Can I Still Get My Record Cleared?

Yes. Texas expunction law applies to any arrest that occurred in Texas regardless of where you live now. If you were arrested in Galveston County during a visit and your charges were dismissed or never filed, you may be eligible to have that record expunged even if you live in another city, another state, or another country.

The petition must be filed in the Galveston County District Courts, which is where the arrest occurred. You do not need to appear in person for every step of the process. An attorney with an office in Galveston County can handle the filing, serve the required agencies, attend the hearing on your behalf in most uncontested cases, and follow up to confirm that the records have been destroyed.

For out-of-state residents, the practical benefit of clearing a Galveston County arrest record is the same as for Texas residents. The arrest will surface on background checks regardless of which state you live in, and removing it requires following the Texas legal process in the county where it occurred.

Why You Need a Lawyer for Expungement in Galveston County

Texas expunction law is strictly applied. A petition filed before the waiting period has passed is automatically denied. A petition that fails to identify and serve all relevant agencies can result in records that remain in databases even after a court order is granted. The Galveston County District Attorney’s office has the right to object to an expunction petition, and an experienced attorney who knows how this office handles these matters can respond to any objection effectively.

The Webb Firm, P.C. has an office in Galveston and handles expunction and nondisclosure petitions for clients throughout the county, including Galveston Island, Texas City, League City, Friendswood, Dickinson, La Marque, and Hitchcock. For out-of-county and out-of-state residents seeking to clear a Galveston arrest from their record, our local presence means the process can move forward without requiring you to travel back to the island.

An old arrest in Galveston County is not a permanent condition. Find out whether yours qualifies for relief. Contact us today for a free consultation.