Under Texas law, arrest records may be removed or restricted from public access only in specific legal circumstances. Understanding the difference between dismissals, expunctions, sealing, and court orders is critical when requesting changes to published arrest information.
TexArrest evaluates all removal requests strictly according to legally recognized documentation and verified court authority.
What Is an Expunction?
An expunction is a court order that directs government agencies and private entities to destroy or remove records of an arrest or criminal case. When properly granted, an expunction legally treats the arrest as though it never occurred for most purposes.
Expunctions are granted by a court and apply only to the specific records identified in the order. Eligibility for expunction is determined by statute and varies based on the circumstances of the arrest and case outcome.
Orders of Nondisclosure (Record Sealing)
An order of nondisclosure, commonly referred to as record sealing, restricts public access to certain criminal records. Sealed records may still exist within government systems but are not available to the general public.
Unlike an expunction, a sealed record is not destroyed. Certain entities, such as law enforcement agencies and courts, may retain access as permitted by law.
Whether a nondisclosure order applies to third-party publishers depends on the scope and language of the court order.
Dismissals and Case Outcomes
A dismissal, acquittal, or non-prosecution does not automatically result in the removal of an arrest record. These outcomes reflect the resolution of a case, not the erasure of the arrest event itself.
In Texas, dismissal alone does not require a publisher to remove an arrest record. Removal obligations arise only through legally recognized orders such as expunctions or specific court directives.
Court Orders and Removal Requests
TexArrest honors valid court orders that explicitly require the removal, suppression, or restriction of arrest records. All submitted court orders are verified with the issuing court prior to action.
Orders must clearly identify the subject, the specific arrest or booking record, and the scope of the required action. Orders that do not apply to public publication or third-party publishers may not require removal.
How TexArrest Processes Legal Removal Requests
When a legally valid order is submitted through the official record review process, TexArrest follows a verification and compliance workflow:
- Receipt of court-issued documentation through the official review system
- Verification of authenticity with the issuing court
- Confirmation that the order applies to public publication
- Identification of all affected records
- Execution of removal or restriction as legally required
TexArrest does not remove records based on informal communications, attorney demand letters, or unsupported claims.
Important Clarification
TexArrest publishes arrest and booking information as historical public records. Records are removed or restricted only when legally required and properly documented. TexArrest does not evaluate eligibility for expunction or sealing and does not provide legal advice.
This content is provided for general informational purposes only and does not constitute legal advice.