Remove Your Arrest Record in El Paso TX — Expunction & Non-Disclosure

What Is Arrest Record Expungement?

An arrest record in Texas is created the moment you are taken into custody — regardless of whether you are ever charged with an offense, whether the charges are later dismissed, or whether you are acquitted at trial. The El Paso Police Department, the El Paso County Sheriff's Office, the Texas Department of Public Safety, and the FBI's National Crime Information Center all maintain records of the arrest. These records are accessible to employers, landlords, licensing agencies, and private background check companies through standard background checks. Expunction under Texas Code of Criminal Procedure Chapter 55 is the legal process for permanently removing an arrest record from your criminal history. When a court grants an expunction, every agency that holds records of the arrest is ordered to destroy or return those records. After an expunction is granted, you are legally entitled to deny the arrest occurred in virtually all circumstances, including on most job applications, housing applications, and professional license applications. You may be eligible for expunction of an arrest record in the following circumstances: (1) You were arrested but never formally charged, and the applicable statute of limitations has expired. (2) Your case was dismissed by the El Paso County District Attorney's Office, and the statute of limitations has expired or the prosecutor has certified that the records are no longer needed. (3) You were acquitted (found not guilty) at trial, including acquittal on appeal. (4) The grand jury returned a no-bill (declined to indict), and the statute of limitations has expired. (5) You were convicted but subsequently received a full pardon. (6) You successfully completed deferred adjudication for a Class C misdemeanor. The statute of limitations waiting periods vary by offense level: Class C misdemeanors (2 years), Class A and B misdemeanors (2 years), state jail felonies (3 years), and most felonies (3 to 10 years depending on the specific offense). An attorney can calculate the applicable waiting period for your specific case and confirm when you become eligible to file.

Penalties in Texas — What You Are Facing

An arrest record without a conviction can have serious, lasting consequences in El Paso. El Paso's major employers — Fort Bliss, UTEP, the El Paso Independent School District, the City of El Paso, and the many federal contractors operating in the region — all conduct thorough background checks that reveal arrests even when no conviction resulted. A dismissed case, a no-bill from the grand jury, or an acquittal at trial can still appear on a background check and cause an employer to pass over an otherwise qualified candidate. Beyond employment, an arrest record affects housing applications in El Paso's competitive rental market, professional licensing by the Texas State Bar, the Texas Medical Board, the Texas Board of Nursing, and dozens of other licensing agencies, and security clearance applications that are critical for the thousands of El Paso residents who work in defense-related industries near Fort Bliss and Biggs Army Airfield. For non-citizens living in El Paso's large border community, an arrest record — even without a conviction — can complicate visa renewals, green card applications, and naturalization proceedings. The sooner an eligible person files for expunction, the sooner these collateral consequences are eliminated.

The Legal Process in El Paso, Texas

The expunction process in El Paso County begins with a thorough review of your criminal history to confirm eligibility under Chapter 55. Attorney Aaronson obtains your complete criminal history from the Texas Department of Public Safety and reviews the court records from the El Paso County District Clerk's office to verify the outcome of your case and confirm that all statutory waiting periods have been satisfied. Once eligibility is confirmed, the attorney prepares and files a Petition for Expunction in the El Paso County District Court. The petition must identify every agency that may hold records of the arrest — a step that requires knowledge of which local, state, and federal agencies maintain records in El Paso County cases. The court sets a hearing date, and all named agencies are served with notice. At the hearing, the court reviews the petition and, if all requirements are met, signs the Order of Expunction. The order is then served on every named agency, which must destroy or return the records within the statutory timeframe. Attorney Aaronson follows up with each agency — including private background check companies — to confirm compliance and, when necessary, takes additional legal action to enforce the order.

Defense Strategies That Work in El Paso Courts

Successfully removing an arrest record requires precision at every step. Common pitfalls that can result in denial or incomplete relief include: filing before the applicable statute of limitations has expired; failing to identify and serve all agencies that hold records; errors in the petition that do not match the court's records; and failure to follow up with private background check companies after the order is granted. Attorney Aaronson's approach addresses each of these risks systematically. He conducts a comprehensive records search before filing, prepares the petition with meticulous attention to the statutory requirements, serves every required agency, attends the hearing to address any objections, and follows up with each agency — including private database companies — to confirm that the records have been destroyed.

Frequently Asked Questions About Arrest Record Expungement in El Paso