Statute of Limitations on Expunctions

Statute of Limitations on Expunctions

Charlie explains the legal process for getting your case expunged


Q: What is the statute of limitations for misdemeanors in Texas?

A: In Texas, the statute of limitations for all misdemeanors is two years.

Q: When does the statute of limitations start for a misdemeanor in Texas?

A: It starts on the offense date, the day when the alleged misdemeanor occurred.

Q: How does the statute of limitations stop or "toll" for a misdemeanor?

A: The statute of limitations is tolled when the prosecutors file official paperwork, known as the Information on the Complaint, against the accused.

Q: Does the statute of limitations run while a misdemeanor case is pending?

A: No, the statute of limitations does not run while the case is pending and being handled by your attorney and the prosecutors.

Q: When does the statute of limitations restart for a dismissed misdemeanor case?

A: If your attorney gets the case dismissed, the statute of limitations restarts from that point until it completes a total of two years.

Q: How is the remaining time of the statute of limitations calculated for a dismissed misdemeanor?

A: The remaining time is calculated by subtracting the time elapsed between the offense date and when the case was filed from the total two-year period. For example, if two months passed before filing, the remaining time would be 22 months.

Q: Can a misdemeanor be expunged before the statute of limitations has run its course?

A: Yes, prosecutors may agree to an early expunction, which requires the defense attorney to negotiate and review the case with them.

Q: Why is it important to expunge dismissed misdemeanor cases?

A: Expunging dismissed cases is crucial because they can still appear on your record, indicating the charge and dismissal, which may affect employment, housing, and other opportunities.

Q: How long does it take to complete an expunction?

A: The process of expunction can take some time, so it's advised not to wait until the last minute and to seek expunction as soon as possible.