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Assorted firearms arranged on concrete with the headline “Texas Gun Control: What the Law Actually Says About Owning, Carrying, and Using Firearms—And Where the Debate Stands Now,” featuring the HLAW Law Firm logo

Texas Gun Control: What the Law Actually Says About Owning, Carrying, and Using Firearms—And Where the Debate Stands Now

By | Criminal Defense
Assorted firearms arranged on concrete with the headline “Texas Gun Control: What the Law Actually Says About Owning, Carrying, and Using Firearms—And Where the Debate Stands Now,” featuring the HLAW Law Firm logo

Texas Gun Control: Understanding state laws on owning, carrying, and using firearms—and how today’s gun-control debate shapes the rights of Texas gun owners. Presented by HLAW Law Firm.

Texas has some of the nation’s most permissive gun laws—but there are still bright-line rules about who may possess a gun, where you can carry, how you must carry, and when force (including deadly force) is justified. Recent court rulings and new legislation have also shifted the ground under both gun-rights and gun-safety advocates. This guide breaks it all down in plain English.

1) The Legal Backdrop: The Second Amendment & Recent Supreme Court Cases

  • Bruen (2022): The Supreme Court held that when the Second Amendment covers conduct, the government must justify restrictions by showing they fit the nation’s historical tradition—often called the “text, history, and tradition” test. This ruling reshaped challenges to gun laws nationwide.
  • Rahimi (2024): The Court upheld the federal ban on firearm possession by people subject to qualifying domestic-violence restraining orders (18 U.S.C. § 922(g)(8)), emphasizing that disarming those who pose a credible threat is consistent with historical tradition.
  • Cargill (2024): The Court struck down ATF’s administrative bump-stock ban, holding bump stocks are not “machineguns” under the federal statute—leaving regulation of these devices to Congress or the states. 

These decisions influence how Texas laws are interpreted and what new measures are likely to survive in court.

2) Who Can and Cannot Possess a Firearm in Texas

  • General rule: If you are not prohibited by state or federal law, you may possess firearms.
  • Felony convictions: A person convicted of a felony generally cannot possess a firearm. After five years from release from confinement, parole, or probation, limited possession only at the person’s residence may be allowed; possession elsewhere remains illegal.
  • Family-violence & protective orders: Federal law bars possession while you’re subject to certain domestic-violence restraining orders; Rahimi confirms that ban’s constitutionality. Texas law also restricts possession after certain family-violence findings. 

3) Carrying Handguns: Permitless Carry vs. License to Carry (LTC)

Permitless (“constitutional”) carry

Since September 1, 2021, most adults 21+ who may lawfully possess a handgun can carry it—openly in a holster or concealed—without a state license. There are still many exceptions (see “Prohibited Places” below). 

18–20-year-olds: Following Firearms Policy Coalition v. McCraw, Texas no longer enforces the 21+ carry limit solely based on age; DPS now accepts 18–20-year-old applicants for LTC and acknowledges the ruling in its guidance. (Young adults must still be otherwise eligible under state and federal law.) 

Why many Texans still get an LTC

The LTC program remains in effect and offers real advantages: streamlined carry in certain contexts, interstate reciprocity, and practical benefits in stops or travel. DPS maintains an official list of LTC benefits

4) Where Guns Are 

Prohibited

 (Even if You Can Otherwise Carry)

Texas Penal Code § 46.03 lists “places weapons prohibited.” Highlights include schools, polling places, courts, secured airport areas, 51% alcohol-sales establishments, amusement parks, hospitals/nursing facilities (with required notices), and more—subject to detailed exceptions/defenses. Violations can be serious felonies in some settings. Always check the statute before you go. 

Newer “46.03 sign” notices: Covered locations may post a § 46.03-specific sign at entrances that eliminates certain defenses for accidental carry in prohibited places. If you see it, don’t carry past it. 

5) Private Property & Signs: Texas Penal Code 30.05, 30.06, 30.07 (What They Mean)

Private owners can restrict handguns on their property through specific notice:

  • Texas Penal Code §30.05 (Criminal Trespass) “No guns” notice: Bars people (especially those without an LTC) from entering/remain­ing with a firearm if proper notice is given.
  • Texas Penal Code §30.06: “No concealed handguns by license holders.” Applies to LTC holders carrying concealed.
  • Texas Penal Code §30.07: “No openly carried handguns by license holders.” Applies to LTC holders carrying openly.

To be enforceable, these notices must follow statutory format/placement. If you receive oral notice, you must depart or disarm—even if the sign is imperfect. (When in doubt, leave and call us before you risk an arrest.) 

6) How You May Carry: The “Unlawful Carrying” Rules

Texas Penal Code §46.02 governs unlawful carrying of weapons, including handguns in vehicles and on-person. Key points include holster requirements for open carry, restrictions while committing other crimes, and special rules for carry inside your vehicle or on your own property. Violations can escalate quickly depending on location and circumstances. 

7) Self-Defense, Defense of Others, & Defense of Property (When Force Is Justified)

Texas Penal Code Chapter 9 spells out when force—and deadly force—is justified.

  • Self-defense (Texas Penal Code §9.31): Force is allowed if you reasonably believe it’s immediately necessary to counter another’s unlawful force. Texas has no general duty to retreat if you meet statutory conditions.
  • Deadly force (Texas Penal Code §9.32): Allowed if you meet § 9.31 and you reasonably believe it’s immediately necessary to stop unlawful deadly force or certain serious violent felonies (e.g., aggravated robbery). Presumptions may apply in home/vehicle/business intrusion scenarios.
  • Defense of others (Texas Penal Code §9.33): You can use force (including deadly force) to protect another if they would have the same right of self-defense and your belief is reasonable.
  • Property (Texas Penal Code §§ 9.419.42): Force may stop trespass or interference with property; deadly force is narrow—limited to specific nighttime crimes and other strict conditions. These cases are fact-sensitive and heavily scrutinized. Call a lawyer before you make statements.

8) State Preemption: Why Cities & Counties Can’t Add Their Own Gun Codes

Texas preempts most local gun regulation. Municipalities and counties generally cannot regulate the possession, carry, storage, transfer, or registration of firearms (and now explicitly, air guns, archery equipment, knives, ammunition, and explosives). Recent legislation in 2025 (SB 2284) further clarified and expanded these limits. 

There are limited carve-outs (e.g., regulating discharge at outdoor ranges; narrow subdivision rules), but the default is broad state control. 

9) Red-Flag (ERPO) Policies: Where Texas Stands

Texas does not have a red-flag law—and in June 2025 lawmakers passed an “Anti-Red Flag Act” (SB 1362) that blocks courts and local officials from using or enforcing ERPO-style orders under state law and resists enforcement of most federal or out-of-state ERPOs. (Separate protective-order laws and federal prohibitions for domestic-violence orders still apply.) 

10) The Ongoing Policy Debate in Texas

  • Gun-rights advocates emphasize self-defense and constitutional protections, backing permitless carry, preemption, and resistance to ERPOs; they cite Bruen and Cargill as guardrails against expansive regulation.
  • Gun-safety advocates continue to push for measures like universal background checks and ERPOs, noting strong polling support among Texans post-Uvalde—though the Legislature has largely moved in the opposite direction.

Expect continued litigation and incremental statutory tweaks. When laws change, the details (age thresholds, signage, prohibited places, defenses) matter.

11) Practical Tips for Texans

  1. Know the signs and the setting. If you see a § 46.03 prohibited-place sign or a 30.05/30.06/30.07 notice—or you’re orally told not to carry—don’t carry past it.
  2. Vehicle carry vs. public carry. The rules are different; ensure holster compliance and avoid any conduct that could elevate a simple stop into an arrest.
  3. Consider an LTC. Reciprocity, training, and practical benefits still matter—especially when traveling or interacting with law enforcement.
  4. After any defensive display or use of force: call counsel first. Chapter 9 defenses are technical and fact-intensive. 

12) How Our Firm Helps

Navigating Texas gun laws is not just about quoting statutes—it’s about protecting your rights while reducing your legal risk. Whether you were stopped while carrying, face a 46.03 or 30.05/30.06/30.07 charge, need counsel after a defensive incident, or want compliant policies for your business or church, we’re here.

Free, confidential consultation: If you’re facing a firearm-related investigation or charge—or you simply want clarity before you carry—call us. We’ll review your facts, assess exposure under Penal Code §§ 46.02, 46.03, 46.04 and Chapter 9, and map a strategy to protect your freedom. (The earlier we engage, the more options we have.) 

Statutes & Key References (select)

Gavel and legal documents on a table with the Texas State Capitol in the background, symbolizing expunction law in Texas.

The Current State of Expunction Law in Texas: A Comprehensive Analysis

By | Criminal Defense, Expunction
Gavel and legal documents on a table with the Texas State Capitol in the background, symbolizing expunction law in Texas.

Understanding expunction law in Texas, a critical legal mechanism for clearing criminal history records and offering individuals a fresh start.

Introduction to Texas Expunction Law

Expunction in Texas represents a critical legal mechanism designed to provide individuals with a fresh start by clearing specific criminal history records. This process is distinct from other forms of record management and is governed by precise statutory frameworks that have recently undergone significant modernization.

Defining Expunction: Purpose and Legal Effect

Expunction is a judicial process in Texas that aims to permanently remove records of arrest, charge, or conviction from an individual’s criminal history. The fundamental purpose of expunction is to render the expunged event as if it never occurred. This profound legal fiction implies a significant societal commitment to rehabilitation and offering second chances, particularly for individuals who were wrongfully accused or whose minor infractions did not lead to a conviction. The intent extends beyond mere privacy; it is about restoring a person’s legal identity and opportunities, allowing them to move forward without the burden of a past record.

The practical effect of an expunction is the complete removal and destruction of files containing references to the crime, arrest, and punishment from public records, including those held by police and prosecution agencies. Once a case is expunged, it is effectively erased from public view, enabling the individual to legally deny the occurrence of the expunged event on most applications, such as those for employment, housing, or military service. This ability to truthfully state that the event did not occur is a cornerstone of the expunction’s rehabilitative power, preventing past incidents from creating lifelong barriers to social and economic integration.

Expunction vs. Nondisclosure: Key Distinctions and Implications

While both expunction and nondisclosure orders serve to manage criminal records and require a judge’s order, they differ significantly in their scope and the degree of record clearance they provide. Understanding these distinctions is crucial for individuals seeking to address their criminal history.

Expunction results in the complete removal or destruction of criminal records. Once an expunction order is granted, the records are inaccessible to the public, law enforcement, and most government agencies. This process allows the individual to legally deny the event occurred, creating a comprehensive erasure from their public criminal history.

Nondisclosure (Record Sealing), conversely, seals the record, restricting public access but allowing law enforcement, licensing agencies, and certain government entities to still view the information. This option is typically available for individuals who have successfully completed deferred adjudication for certain offenses. The clear differentiation between these two remedies reflects a nuanced legislative intent to balance individual rehabilitation with public safety and regulatory oversight. The state recognizes that not all non-convictions warrant complete erasure, particularly for offenses where deferred adjudication was granted, indicating a level of culpability or state intervention that necessitates continued governmental access for internal purposes, such as future criminal investigations or professional licensing checks. This tiered approach to record clearance ensures the level of relief granted is proportional to the nature of the original incident and its disposition.

The table below summarizes the core differences between expunction and nondisclosure:

Feature Expunction Nondisclosure
Definition Complete erasure of criminal records Sealing of criminal records
Effect on Record “As if it never occurred” Hidden from public view
Who Can See Public, most government agencies (cannot see) Law enforcement, licensing agencies, certain government entities (can see)
Eligibility Basis Acquittal, dismissal, no charges filed, pardon Successful deferred adjudication
Legal Denial Yes, can legally deny Yes, can legally deny to public/employers

Governing Statutes: Texas Code of Criminal Procedure Chapter 55 and Chapter 55A, Government Code Chapter 411, Family Code Chapter 58

The legal framework for expunction in Texas has historically been primarily governed by the Texas Code of Criminal Procedure, Chapter 55. This chapter meticulously outlined the eligibility criteria, the rights of individuals seeking expunction, and the specific procedures that petitioners were required to follow.

However, a crucial legislative update, House Bill 4504 (H.B. 4504), enacted by the 88th Legislature, R.S., has fundamentally restructured Texas expunction law. Effective January 1, 2025, Chapter 55 was repealed and replaced by a new comprehensive chapter: Chapter 55A. Expunction of Criminal Records. This transition signifies a legislative intent to not just amend, but to modernize and streamline the expunction process, addressing past complexities and aiming for clearer guidelines and potentially broader access to relief. The stated goals of HB 4504, such as “simplifying and modernizing” the criminal procedure code, underscore that this is a comprehensive re-codification rather than a minor adjustment. The impact of this change is expected to be felt across all aspects of expunction law, from eligibility to procedure, necessitating careful attention to the evolving legal landscape.

Beyond expunction, nondisclosure orders are governed by the Texas Government Code, Chapter 411, Subchapter E-1. For the sealing of juvenile records, the relevant statute is the Texas Family Code, Chapter 58, specifically beginning at Section 58.003. These separate statutory frameworks highlight the distinct legal considerations and processes for different types of record clearance.

Eligibility Criteria for Expunction

Determining eligibility is the foundational step in the expunction process, as not all criminal records qualify for this comprehensive relief. The criteria are stringent and depend heavily on the disposition of the case and the nature of the offense.

General Conditions for Expunction

Expunction is generally available for arrests that did not lead to a conviction. This consistent emphasis on non-conviction scenarios across various legal resources underscores a foundational legal philosophy: an arrest alone does not equate to guilt, and if the legal process does not culminate in a finding of guilt, the state provides a mechanism to erase the arrest’s public footprint. This protects individuals from the collateral consequences of an arrest that did not lead to a conviction, such as employment discrimination or housing denials.

Key scenarios that typically qualify for expunction include:

  • Arrested but not formally charged: If no criminal charges were filed against the person after an arrest.
  • Acquittal: The person was tried for the offense and acquitted by the trial court.
  • Dismissal: Charges against the person were dismissed or quashed, often due to reasons such as lack of probable cause, false information, or a mistake.
  • Pardon: The person was found guilty and subsequently pardoned, whether the pardon was granted on the basis of actual innocence or for other reasons.
  • Pretrial Diversion: Successful completion of a pretrial diversion program can also lead to expunction eligibility.

Specific Offense Eligibility

While the general rule for expunction centers on non-convictions, Texas law includes specific provisions for certain offenses, reflecting a legislative recognition of the disproportionate impact of minor or non-culpable records on individuals’ lives.

  • Class C Misdemeanors: A notable exception to the general rule that deferred adjudication leads only to nondisclosure is for Class C misdemeanors. Expunction is permitted for Class C misdemeanors where deferred adjudication was successfully completed. This indicates that the state views these minor offenses as sufficiently low-level that even a deferred adjudication should not leave a permanent public mark.
  • DWI Offenses: Generally, expunction is not available for DWI convictions. However, if DWI charges were dismissed or the individual was acquitted, expunction may be possible. For first-time DWI offenders, nondisclosure might be an available option depending on the specific details of the case.
  • Identity Theft: Individuals whose identity was used by someone else during an arrest are specifically eligible for expunction, recognizing the injustice of a record for a crime they did not commit.
  • Truancy/Sexting (Juvenile/Minor Offenses): Recent legislative changes have expanded expunction eligibility for certain juvenile and minor offenses. For example, new laws (such as SB144, SB1489, SB407 mentioned in ) have made expunction possible for single truancy offenses (if the individual is 18 or older and meets conditions like obtaining a high school diploma or GED) and single sexting convictions (if 17 or older).
  • Multiple Violations for First-Time Minor Alcohol Offenders: Significant recent legislation, Texas Senate Bill 1725 (effective September 1, 2023), allows for the expunction of multiple violations arising from a single incident for first-time minor alcohol offenders. This change addresses previous issues where prosecutors often “stacked” charges, preventing comprehensive record clearance for minor incidents. These specific provisions demonstrate a policy shift towards mitigating the long-term consequences of events where the individual’s culpability was minimal, non-existent, or related to youthful indiscretion, aiming to prevent these minor incidents from creating lifelong barriers.

Mandatory Waiting Periods

For many expunction scenarios, specific waiting periods must elapse before a petition can be filed. The existence of these waiting periods, even when no charges are filed, suggests a pragmatic approach by the state: it allows time to determine if charges will be brought or if further investigation is warranted, acting as a safeguard against premature expunction.

  • For offenses where no charges were filed, minimum waiting periods apply from the date of arrest:
  • Class C misdemeanors: 180 days.
  • Class A and B misdemeanors: 1 year.
  • Felonies: 3 years.
  • For cases where charges were brought and later dismissed, the statute of limitations must have expired for all crimes associated with the arrest (not just the charged offenses) before expunction can be applied for, unless the dismissal was due to lack of probable cause or actual innocence.
  • Immediate Eligibility: In contrast, if the case was dismissed due to lack of probable cause or actual innocence, or if the person was acquitted by a jury, there is generally no waiting period. This immediate eligibility indicates a strong legal and ethical imperative to rectify wrongful accusations without delay, recognizing the immediate and severe impact of an unjust arrest record.

The table below provides a concise summary of the mandatory waiting periods:

Scenario Waiting Period
No Charges Filed (Class C Misdemeanor) 180 days from arrest
No Charges Filed (Class A/B Misdemeanor) 1 year from arrest
No Charges Filed (Felony) 3 years from arrest
Acquittal/Actual Innocence No waiting period
Dismissal (other reasons) Until statute of limitations expires

Disqualifying Factors and Exceptions

Despite the broad intent of expunction, strict disqualifying factors exist, underscoring the limited nature of this remedy and the state’s paramount interest in maintaining records for public safety and accountability when guilt is established or prosecution is ongoing.

  • Convictions: Generally, if an individual was convicted of the offense, they are not eligible for expunction. The only exceptions are a pardon or a Class C misdemeanor that resulted in successful deferred adjudication. This highlights that expunction is an exceptional remedy primarily for non-convictions, not a general pardon for all past offenses.
  • Pending Charges: If there are currently pending charges against the individual stemming from the arrest they seek to expunge, they are not eligible for expunction.
  • Criminal Episode: A court may not order expunction if the person was acquitted of an offense, but that offense arose out of a criminal episode for which they were convicted or remain subject to prosecution. This limitation prevents individuals from selectively erasing parts of a connected criminal history, ensuring a holistic view for justice agencies where genuine culpability exists. However, if multiple charges from the same arrest did not arise from the same criminal episode, expunction for the non-convicted charge may still be possible.
  • Deferred Adjudication (Non-Class C): For Class A and B misdemeanors or felonies, successful completion of deferred adjudication typically makes an individual eligible only for an order of nondisclosure, not expunction.

Special Circumstances (Juvenile Records)

Texas law provides distinct and often more lenient provisions for juvenile record sealing, reflecting a legal philosophy focused on rehabilitation and preventing youthful mistakes from permanently hindering adult opportunities.

Juvenile records can be sealed under Texas Family Code, Chapter 58. The state may automatically restrict record access for individuals who turn 17, provided they were not violent or serial offenders and were not tried as adults. Additionally, juveniles and their representatives can petition the state to permanently seal criminal records. For felony offenses committed as a juvenile, an offender may qualify for record sealing if they are 19 or older, were not tried as an adult, and did not obtain a conviction for an additional felony after turning 17. Recent legislative changes effective in 2025 may even lead to automatic sealing of juvenile records for minor offenses without requiring a lengthy application process. These provisions underscore a recognition that minors’ actions should be treated differently from adults’, aiming to give young people a genuine “fresh start” by minimizing the long-term impact of their early interactions with the justice system.

The Expunction Process: Step-by-Step Guide

Navigating the expunction process in Texas requires adherence to specific procedural steps, from initial eligibility assessment to post-order record removal. The complexity of these steps often necessitates professional legal assistance.

Initial Assessment and Eligibility Confirmation

Before initiating the expunction process, it is paramount for an individual to confirm their eligibility and ascertain that any applicable waiting periods have passed. The repeated emphasis on legal consultation and the inherent complexity of eligibility assessment suggest that while the law aims to provide a fresh start, the practical hurdles to achieving it are significant, potentially creating a barrier to access for unrepresented individuals. Legal professionals are strongly recommended to confirm eligibility under the current Texas laws, as the criteria can be nuanced and the process unforgiving. For specific case information, individuals can contact the District Attorney’s office or Municipal Courts.

Preparing the Petition and Required Documents

The expunction process is a civil matter that demands specific petitions and orders containing precise legal language. The lack of readily available “fill-in-the-blank” official forms for expunction, coupled with the strict requirement for precise legal language, indicates a deliberate design that favors legal expertise, potentially hindering pro se applicants. If documents are inaccurate or incomplete, a judge will deny the expunction.

Typically, petitioners will need to prepare three core documents:

  • A Petition for Expunction.
  • An Order Setting Hearing.
  • An Agreed Order of Expunction.

While Texas generally provides few official legal forms, petitioners may draft custom forms using templates or drafting guides. Resources such as TexasLawHelp.org and the Office of Court Administration offer sample forms. Additionally, gathering all necessary documentation, including arrest records, court case numbers, and proof of dismissal or acquittal, is essential for a complete petition.

Filing Procedures and Associated Fees

Once the necessary documents are prepared, the petition and order setting hearing must be filed with the appropriate District Clerk’s office, such as the Harris County District Clerk. Filing fees apply, with a base fee of approximately $227 in some counties, plus additional fees for serving each law enforcement agency listed in the petition. Payment methods may be restricted, often excluding personal checks.

Significant legislative changes introduced by C.S.S.B. 1667, effective September 1, 2025, aim to streamline the expunction process and reduce financial burdens. Electronic service of petitions and notices to agencies will become free to the filer, and state and local agencies will be required to accept electronic service whenever possible. For cases where electronic service is not available, a standardized fee of $25 per entity will be charged. This shift towards electronic processing and standardized fees reflects a proactive effort by the state to modernize the expunction process, recognizing past administrative bottlenecks and aiming for improved efficiency and predictability in costs.

Notifying Agencies and Entities

The expunction petition must meticulously list all law enforcement agencies, courts, prosecuting attorneys, and other governmental entities that may possess records of the arrest. It is critically important to include all necessary parties, as failing to do so may result in records remaining publicly accessible even after an expunction order is granted, undermining the purpose of the expunction. The court is responsible for sending a copy of the petition and notice of hearing to each listed entity.

C.S.S.B. 1667, effective September 1, 2025, further streamlines this notification process. Petitions will be prohibited from listing any state or local agency more than once or including multiple contacts or addresses for different divisions within the same agency, thereby reducing redundancy. Additionally, district clerks will be required to maintain a list of agencies and their email addresses on their website to facilitate accurate notification. This legislative effort to standardize agency listings and promote electronic notification demonstrates an understanding that administrative inefficiencies in record dissemination can undermine the effectiveness of expunction orders, and that a centralized, streamlined approach is necessary for true record clearance.

Court Hearings and Judicial Review

Upon filing, the court will set a hearing on the expunction petition, typically not earlier than 30 days after the filing date. Petitioners may need to attend this court hearing, especially if the expunction is contested by an agency or if the judge requires further confirmation of eligibility.

A key procedural step involves the “Agreed Order of Expunction.” This document must be prepared by the petitioner and signed by all listed law enforcement agencies before it is submitted to the court for the judge’s final approval. The requirement for a court hearing and the need for agencies to sign an “Agreed Order” before judicial approval indicate that expunction, despite its “fresh start” purpose, is not a mere formality. Instead, it involves a judicial review that balances individual rights with institutional oversight, ensuring that expunction is granted only when all legal and procedural requirements are met and the state’s interests are not unduly compromised.

Post-Order Procedures and Timelines for Record Removal

Once the judge signs the expunction order, the court is responsible for circulating it to all relevant agencies. However, the process does not conclude immediately. It typically takes a minimum of three months for an expunction order to become final, and often longer due to administrative backlogs, particularly with the Texas Department of Public Safety (DPS), which serves as the central clearinghouse for criminal records. The historical challenge of slow processing times and limited record retention for expunction orders highlights a systemic bottleneck that previously undermined the practical benefit of expunction.

To address these issues, recent changes introduced by C.S.S.B. 1667 (effective September 1, 2025) aim to improve efficiency. Clerks will be allowed to retain expunction orders indefinitely, ensuring petitioners can obtain copies if needed, thereby addressing the previous one-year retention limit that often forced individuals to restart the process if they lost their original order. Additionally, the bill aims for faster processing times through the implementation of a more efficient digital system. These legislative actions demonstrate a commitment to making the expunction process more practically viable and sustainable for individuals, moving beyond just defining the right to expunction to actively facilitating its effective implementation.

Legal Effects and Practical Implications of Expunction

The successful expunction of a criminal record carries significant legal and practical implications, fundamentally altering an individual’s public criminal history and their ability to move forward.

Impact on Background Checks (Public vs. Governmental Access)

Once a record is expunged, it should not appear in background checks conducted by private entities such as employers, landlords, or financial institutions. The judge’s order mandates all governmental agencies to completely erase the record for that specific allegation. This is a powerful aspect of expunction, designed to remove barriers to employment, housing, and financial stability.

However, it is important to note a critical limitation: some federal agencies, such as the Department of Homeland Security, may still retain knowledge of the expunged crime. This distinction between state-level expunction and federal access reveals a tension between individual rehabilitation and the state’s need for comprehensive information, particularly at the federal level. State expunction orders do not bind federal agencies, creating a persistent “shadow record” for certain purposes (e.g., immigration, federal employment). This is a significant limitation on the “as if it never occurred” principle and a crucial point for individuals to understand when considering federal applications.

Right to Deny Arrest and Expunged Offenses

A significant benefit of expunction is the legal right it grants an individual to deny that they were ever arrested, charged, prosecuted, or jailed for the expunged offense. This ability to truthfully deny the event is a cornerstone of expunction’s rehabilitative power. This denial can be made on various applications, including those for employment, school, or military service, and even under oath in civil proceedings.

There is one key exception: in a criminal proceeding, a person must acknowledge the expunction order by stating that the matter has been expunged. This exception reflects the state’s overriding interest in maintaining accurate internal records for ongoing justice administration. The court system needs to know an individual’s full history when administering justice for new offenses, even if past records are publicly expunged. This balance demonstrates the law’s attempt to provide a fresh start without compromising the integrity of the criminal justice system.

Importance of Legal Counsel

The expunction process is highly complex, involving specific legal requirements, forms, and procedures. Mistakes in eligibility determination, petition preparation, or agency notification can lead to the denial of the expunction.

Critically, a denied petition can result in the loss of filing fees and, more importantly, the loss of the right to expunge that specific case in the future, even if it later becomes eligible. This is often referred to as the “one shot” rule. The “one shot” rule imposes a high penalty for procedural errors, reinforcing the practical necessity of legal expertise and potentially creating an inequitable system where access to justice depends on a petitioner’s ability to navigate complex legal minutiae flawlessly. Given these high stakes, legal professionals are strongly recommended to ensure proper eligibility assessment, accurate documentation, correct filing, and comprehensive agency notification, significantly increasing the chances of a favorable outcome.

Recent Legislative Changes and Future Outlook (Effective 2025)

Texas expunction law is undergoing a significant transformation, with key legislative changes set to take effect in 2025. These updates aim to modernize the process, expand eligibility, and improve efficiency, reflecting an evolving societal understanding of the long-term impact of criminal records.

Overview of House Bill 4504 and Chapter 55A

House Bill 4504 (HB 4504) represents a fundamental revision of the Texas Code of Criminal Procedure, with substantial changes impacting the expunction of criminal records, effective January 1, 2025. This bill repeals the old Chapter 55 and replaces it entirely with the new Chapter 55A. Expunction of Criminal Records. This legislative shift towards expanded eligibility and automatic expungement, particularly for dismissed cases and acquittals, signals a policy pivot towards proactively clearing records for individuals who were not convicted, reducing the burden on petitioners and streamlining the “fresh start” process.

Key updates introduced by HB 4504 and Chapter 55A include:

  • Expanded Eligibility: More misdemeanor offenses are now eligible for expungement. Additionally, certain non-violent felony offenses may now qualify for record sealing under specific conditions.
  • Automatic Expungement: A significant new development is the introduction of automatic expungement for some dismissed charges and cases resulting in acquittal, meaning these records will be removed from an individual’s history without requiring a formal petition. This is a major departure from the previous system where a petition was always required, indicating a legislative recognition that for clear-cut non-convictions, the state should take the initiative to clear records.
  • Reduced Waiting Periods: In some cases, the waiting periods for expungement applications have been reduced, although specific details on which waiting periods are affected are not fully elaborated in the available information.
  • Faster Processing Times: The Texas court system has implemented a more efficient digital processing system, aiming to reduce the time it takes for an expungement request to be approved.

Impact of C.S.S.B. 1667 (Effective September 1, 2025)

Complementing HB 4504, C.S.S.B. 1667, effective September 1, 2025, further aims to modernize the expunction process by improving administrative efficiency and access. This bill’s focus on administrative and logistical improvements demonstrates a legislative commitment to addressing the practical friction points in the expunction process, ensuring that the legal right is supported by efficient procedural mechanisms.

Key provisions of C.S.S.B. 1667 include:

  • Electronic Service: The bill makes electronic service of petitions and notices free to the filer and requires state and local agencies to accept it whenever possible.
  • Standardized Fees: It establishes a standardized $25 fee per entity for non-electronic service, ensuring more predictable costs for petitioners and aiming to reduce mailing expenses.
  • Indefinite Record Retention: A critical change allows clerks to retain expunction orders indefinitely, ensuring petitioners can always obtain copies if needed. This addresses the previous one-year retention limit, which often forced individuals to restart the expunction process if their original order was lost. The bill also requires the confidential maintenance of mental health orders related to expunctions.
  • Federal Prohibited Person Information: Courts will retain federal prohibited person information regardless of expunction for specific audit and National Instant Criminal Background Check System (NICS) purposes.
  • Streamlined Petition Contents: The bill prohibits listing agencies multiple times or including multiple contacts/addresses for different divisions within the same agency, aiming to reduce redundancy in the petitioning process.

Implications for Petitioners and the Legal Process

These legislative updates, particularly the combined effect of HB 4504 and C.S.S.B. 1667, signify a comprehensive legislative push to enhance access to justice and rehabilitation through record clearance. They reflect an evolving societal understanding of the long-term impact of criminal records on individuals’ lives.

The updates aim to make it “easier than ever to clear your record in Texas”. Expanded eligibility and the introduction of automatic expungement mean that a greater number of individuals may now qualify for a fresh start. Streamlined procedures, reduced filing fees, and faster processing times are intended to lessen the burden and waiting periods for petitioners. However, despite these improvements, the expunction process remains complex, and legal guidance is still strongly recommended to navigate the intricacies and ensure successful record clearance.

The table below provides a comparative overview of the key changes to Texas expunction law:

Area of Change Pre-2025 (Chapter 55) Post-2025 (Chapter 55A/HB 4504 & C.S.S.B. 1667)
Governing Statute Chapter 55 Code of Criminal Procedure Chapter 55A Code of Criminal Procedure
Eligibility More restrictive Expanded, more misdemeanors/some non-violent felonies
Automatic Expungement No automatic expungement Yes, for certain dismissed cases/acquittals
Processing Time Manual, often slow Faster digital processing
Filing Fees/Service Variable, often high mailing fees Electronic service free, $25 for non-electronic
Record Retention Limited (60 days-1 year) Indefinite retention

Common Misconceptions and Important Considerations

Despite the legal provisions for expunction, several common misconceptions persist, highlighting the need for clear information and careful navigation of the process.

Automatic Expungement Myth

A widespread misconception is that criminal records are automatically expunged after a certain period or upon dismissal of a case. This is generally untrue; arrest records typically remain on an individual’s criminal background unless and until a petition for expunction is formally filed and granted by a court. While recent changes introduced by HB 4504 effective 2025 will introduce some automatic expungement for specific dismissed cases or acquittals, this is a new development for certain cases and not a universal rule. The general principle remains that proactive action is required to clear a record. The persistence of this myth, despite the legal reality, highlights a significant public information gap that the new automatic expungement provisions aim to bridge, albeit for a limited scope of cases.

Dismissed Cases Still Appear on Records

Even if a criminal case is dismissed, the associated arrest record will still appear on criminal background checks conducted by the Texas Department of Public Safety (DPS) and subsequently disseminated to third-party services. This reality underscores the severe collateral consequences of even a non-conviction, reinforcing the critical need for expunction to truly achieve a “fresh start” in practical terms. Many individuals mistakenly believe that a “dismissed” case means it is “gone” from their record. However, the arrest itself remains visible, which can pose significant hurdles for individuals seeking employment or housing. This necessitates expunction even for dismissed cases to truly clear the record from public view.

Waivers of Expunction

In some instances, particularly during plea negotiations, an individual may sign a waiver of expunction. This can make obtaining an expunction more difficult in the future. The existence of expunction waivers in plea agreements suggests a potential tension between the state’s interest in plea efficiency and an individual’s long-term rehabilitation prospects. While signing such a waiver does not necessarily render expunction impossible, it complicates the process. An attorney familiar with such waivers can explore available avenues for relief , emphasizing the critical role of defense counsel in advising clients on these long-term consequences.

“One Shot” Rule for Expunction Petitions

A critical consideration for petitioners is the “one shot” rule: an individual typically has only one opportunity to obtain an expunction for a specific case. If a judge denies a petition due to an error in the filings, an inaccurate eligibility date, or because the case does not yet qualify (e.g., still within the statute of limitations), the petitioner may permanently lose the right to expunge that specific case in the future, even if it subsequently becomes eligible. This rule imposes a high penalty for procedural errors, reinforcing the practical necessity of legal expertise and potentially creating an inequitable system where access to justice depends on a petitioner’s ability to navigate complex legal minutiae flawlessly. This unforgiving aspect of the process highlights the critical importance of accuracy and legal expertise in the filing process.

Conclusion

The current expunction law in Texas, particularly with the significant legislative changes taking effect in 2025, represents a dynamic and evolving framework designed to offer individuals a pathway to a fresh start. Expunction provides the most comprehensive relief, aiming for the complete erasure of eligible criminal records, allowing individuals to legally deny past arrests. This stands in contrast to nondisclosure, which seals records from public view but retains access for law enforcement and specific governmental entities.

The transition from Chapter 55 to the new Chapter 55A of the Code of Criminal Procedure, driven by House Bill 4504, signifies a proactive legislative effort to modernize and streamline the expunction process. This includes expanded eligibility for more misdemeanor and certain non-violent felony offenses, the introduction of automatic expungement for specific dismissed cases and acquittals, and reduced waiting periods. Complementary legislation like C.S.S.B. 1667 further enhances efficiency by standardizing fees, promoting electronic service, and ensuring indefinite retention of expunction orders. These combined changes reflect a broader policy goal of reducing barriers to employment, housing, and social reintegration for a larger segment of the population, acknowledging the significant impact of criminal records on individuals’ lives.

Despite these advancements, the expunction process remains inherently complex. The stringent eligibility criteria, the precise procedural requirements, and the “one shot” rule for petitions underscore the critical importance of legal counsel. While the state is moving towards a more accessible system, navigating the intricacies of the law effectively still necessitates specialized knowledge to ensure successful record clearance and avoid irreversible procedural missteps. The ongoing evolution of Texas expunction law demonstrates a continuous effort to balance individual rehabilitation with the state’s need for public safety and administrative integrity.

For More Information See:

  1. General Information – Expunctions & Nondisclosure Orders – Texas State Law Library, https://guides.sll.texas.gov/expunctions-and-non-disclosure
  2. www.fortbendlibraries.gov, https://www.fortbendlibraries.gov/sites/default/files/2020-09/4.%20Expunctions%20and%20Nondisclosures%20in%20Texas%20%282015%29.pdf
  3. CODE OF CRIMINAL PROCEDURE CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS – Texas Statutes, https://statutes.capitol.texas.gov/docs/CR/htm/cr.55.htm
  4. CODE OF CRIMINAL PROCEDURE CHAPTER 55A. EXPUNCTION …, https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=55A
  5. CODE OF CRIMINAL PROCEDURE CHAPTER 55A. EXPUNCTION OF CRIMINAL RECORDS – Texas Statutes, https://statutes.capitol.texas.gov/Docs/CR/pdf/CR.55A.pdf
  6. How Do I Expunge My Record? – Texas Senate, https://senate.texas.gov/members/d23/pdf/ExpunctionsAndTexasLaw.pdf
  7. Expunction Petition – Arrest Records (Chapter 55) – Texas Justice Court Training Center, https://www.tjctc.org/.assets/texas-justice-court-training-center/texas-justice-court-training-center/updated-forms/criminal-procedure-forms/Petition%20-%20Expunction%20of%20Arrest%20Records%20Chapter%2055
  8. Filing a PRO SE Expunction – City of Houston, https://www.houstontx.gov/police/expunction/
  9. Expunction & Nondisclosure – Commonly Requested Legal Forms – Texas State Law Library,https://guides.sll.texas.gov/legal-forms/expunction-nondisclosure
  10. capitol.texas.gov, https://capitol.texas.gov/tlodocs/89R/analysis/html/SB01667S.htm
Texas statute of limitations for criminal offenses

Statute of Limitations in Texas | How Long Does the State Have to Bring Charges?

By | Criminal Defense

How Long Does the State Have to Bring a Criminal Case Against Me?

Texas statute of limitations for criminal offensesTexas law sets out the statute of limitations, the period during which formal charges must be brought against a defendant for most offenses. These time periods range from two years to over twenty years, and for some offenses there is no limitation period at all. The applicable limitation period depends on the particular offense that is alleged.

The various statutes of limitation mean that the state must present an indictment or information within said time period or prosecution will be time barred. The presentation of an indictment occurs when the grand jury has made its decision and the indictment is received by the court. Tex. Code Crim. Proc. Ann. Art. 12.06. The presentation of an information occurs when it has been properly filed in court. Tex. Code Crim. Proc. Ann. Art. 12.07. The limitations period is tolled while the case is pending after an information is filed or indictment issued. Tolling means that the time will not be counted against the limitations period.

Generally, the time period is measured based on the date the offense was committed. When computing the time period, the day on which the offense was committed and the day on which the charge was presented are excluded. Tex. Code Crim. Proc. Ann. Art. 12.04. Thus, the clock starts running the day after the offense was committed and is paused when the indictment or information is presented. Additionally, any time the defendant was absent from the state is excluded when computing the time period. Tex. Code Crim. Proc. Ann. Art. 12.05(1).

What Are the Time Periods in the Texas Statutes of Limitations?

TEXAS PERIODS OF LIMITATIONS FOR MISDEMEANOR OFFENSES

Texas law provides that for most misdemeanor offenses there is a standard period of limitations of two (2) years. Tex. Code Crim. Proc. Ann. arts. 12.02. The only exception is for Assault Family Violence allegations, for which the limitation period is 3 years. Thus, for any given misdemeanor charge, the State must bring prosecution within two years from the commission of the crime (or 3 years if the allegation is one of family violence).

TEXAS PERIODS OF LIMITATIONS FOR FELONY OFFENSES

There are several periods of limitations provided for the various felony offenses, as well as a catch all time period of three years for all other felonies not specifically provided for. Tex. Code Crim. Proc. Ann. art. 12.01(7). See the chart below for the time period provided for certain major felony offenses.

PERIOD OF LIMITATIONS FELONY OFFENSE
(A) Five Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(4).

  • Theft or Robbery,
  • Kidnapping or Burglary (except as provided in (E)),
  • Injury to Elderly or Disabled (unless 1st Degree),
  • Abandoning or Endangering Child, and
  • Insurance Fraud
(B) Seven Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(3).

  • Money Laundering
  • Credit Card or Debit Card Abuse
  • Medicaid Fraud
  • False statement to obtain property or credit; and
  • Fraudulent Use or Possession of Identifying Information
(C) Ten Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(2).

  • Theft of any estate by an executor, administrator, guardian, or trustee
  • Theft by a public servant of government property
  • Forgery or uttering, using, or passing of a forged instrument
  • Sexual assault (except as provided in (F)),
  • Injury to an elderly individual or disabled individual (if punishable as a first degree felony), and
  • Arson
(D) Ten Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(6).

  • Injury to a Child
(E) Twenty Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(5).

  • Sexual Performance by a Child younger than 17
  • Aggravated Kidnapping with intent to sexually abuse a victim younger than 17, and
  • Burglary of a Habitation with the intent to sexually abuse a victim younger than 17
(F) No Time Limitation

 

See Tex. Code Crim. Proc. Ann. art. 12.01(1).

  • Murder or Manslaughter
  • Leaving the Scene of an Accident which Resulted in Death
  • Indecency with a Child
  • Sexual Assault or Aggravated Sexual Assault of a Child
  • Continuous Sexual Abuse of a Child
  • Sexual Assault if DNA testing indicated that the perpetrator’s identity could not be readily determined
  • Sexual Assault if there is probable cause to believe that the defendant has committed the same or similar offense against 5 or more victims
(G) Three Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(7).

  • All other Felonies.
  • Misdemeanor Assault Family Violence.

Periods of Limitations for Aggravated Offenses, Attempt, Conspiracy, and Solicitation

The limitation period for criminal attempt is the same as provided for the offense attempted. Tex. Code Crim. Proc. Ann. art. §12.03(a). Additionally, the limitation period for criminal conspiracy or organized crime is that of the most serious offense that is the subject of the conspiracy or organized crime. §12.03(b) Further, the limitation period provided for criminal solicitation is the same as the period of the felony solicited. §12.03(c). Finally, an aggravated offense has the same period of limitation as provided for the primary crime. §12.03(d)

In conclusion, these limitations are set out to protect defendants from having to face charges where evidence is stale and witnesses are unavailable due to the long period of time the State has waited to bring prosecution. The Texas Code of Criminal Procedure is very specific in how it has laid out the periods of limitations so that there will be no question as to the time period for a particular offense and how that time period should be computed.

*Note: The above provided chart is not all-inclusive but instead focuses on only some of the major felony offenses. An exhaustive list can be found in Section 12.01 of the Texas Code of Criminal Procedure.

stealing presents Christmas theft package

Don’t Be a Grinch: Punishments for Christmas Package Theft in Texas

By | Theft

stealing presents Christmas theft packageThroughout the year, package thefts occur on a fairly regular basis. But, as Christmas draws near and package delivery increases, so too do the thefts. While packages left on doorsteps and out in the open may seem to be easy targets for thieves, the consequences of getting caught are rarely considered. Would-be porch pirates should certainly think through their intended capers as many houses are equipped with doorbell cameras these days that capture clear video of any movement at or near the doorway.

What Can Happen to Individuals Who Steal Packages?

Grinchy thieves can face stiff penalties for stealing packages. In Texas, theft is classified by the amount of property that is stolen. Depending on the amount of the items stolen, a person caught stealing packages can face anywhere from a Class C misdemeanor punishable by a fine of up to $500 up to a First Degree Felony facing 99 years or life in the penitentiary. The latter would require someone stealing an item worth more than $300,000. While this may be unlikely, a thief wouldn’t know what he or she is stealing until he opens up that box. In addition, if committed within the same criminal episode, the aggregate amount of the items stolen could increase the punishment ranges for the offense as well.

Theft Of Mail In Texas

In 2019, the Texas legislature passed another law aimed at package theft. HB 37 makes it a crime to steal mail (including packages) from mailboxes or homes. The punishment range of this new law is linked to the amount of homes from which mail is taken. If a person takes packages from fewer than 10 homes, the crime is a Class A misdemeanor; 11-30 homes is a State Jail Felony; and 31+ homes is a 3rd Degree Felony. Of course, if the value of the package would make the offense a higher felony, then the state could also choose to file a case for the greater offense.

What Happens When Multiple Individuals Act as a Team to Steal Packages?

The consequences of people acting in a team to steal packages can increase the acts to the offense of Engaging in Organized Criminal Activity. In Texas, a person commits the offense of Engaging in Organized Criminal Activity if with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit theft. Tex. Penal Code 71.02. This increases the punishment one category higher than the offense originally committed. Most often, these types of cases are filed as 3rd degree felonies which carry a range of punishment of between 2-10 years in prison and up to a $10,000 fine.

Punishments for package theft can be harsh. While a person may be stealing property worth only a few dollars, they may also be stealing property worth thousands. The potential punishment a person faces for package theft may not deter thieves but there are certain other things that citizens can do to prevent these acts from occurring.

How to Prevent Package Thefts

The primary means by which package thefts are being prevented are with the increasing use of video surveillance. Individuals looking to steal packages off of front porches are becoming more and more aware of doorbell cameras and other small home surveillance cameras. The increased media coverage of these incidents and the increased capture of thieves by way of theses surveillance methods is enhancing deterrent efforts. YouTuber Mark Rober also continues to perfect his package theft glitter bomb, which could aid in the deterrence effort.

 

Despite the fact that security cameras are gaining in popularity (and the media reports on a regular basis of people being caught because of them), package thefts in Texas have not been eliminated. There are still those individuals that choose to ignore the possibility of getting caught and the potential consequences. And, for those folks, maybe it would help to reflect on the words of The Grinch, “Maybe Christmas doesn’t come from a store. Maybe Christmas…perhaps…means a little bit more!”

But for those individuals who persist and ignore the warnings and advice – and reflections from the Grinch – the BHW phone line is always open – just don’t say we never told you so!

Fireworks Laws in Texas2

Fireworks Laws in Texas | Could a Sparkler Really Cost You $2,000?

By | Criminal Defense

Do Not Lose Your Liberty on Independence Day

Fireworks Laws in TexasIndependence Day is right around the corner. You will probably start seeing the notices spread across social media from local police departments, warning that setting off fireworks (including sparklers) is illegal inside of city limits. We know that you’re probably going to do it anyway (so are we), but we wanted to let you know what Texas law provides regarding fireworks on the 4th of July.

Texas Fireworks Law | Are Sparklers Illegal Inside of City Limits?

While state law in Texas permits possessing and using fireworks, it’s important to note that where and when a person can possess them is still highly regulated. There are State laws that limit the use and display of fireworks but use is predominantly regulated by way of city ordinances.

Specifically, under state law, a person may not:

  1. Explode or ignite fireworks within 600 feet of any church, a hospital other than a veterinary hospital, an asylum, a licensed child care center, or a public or private primary or secondary school or institution of higher education unless the person receives authorization in writing from that organization;
  2. Sell at retail, explode, or ignite fireworks within 100 feet of a place where flammable liquids or flammable compressed gasses are stored and dispensed;
  3. Explode or ignite fireworks within 100 feet of a place where fireworks are stored or sold;
  4. Ignite or discharge fireworks in or from a motor vehicle;
  5. Place ignited fireworks in, or throw ignited fireworks at, a motor vehicle;
  6. Conduct a public fireworks display that includes Fireworks 1.3G unless the person is a licensed pyrotechnic operator;
  7. Conduct a proximate display of fireworks that includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 Standards for the Use of Pyrotechnics Before a Proximate Audience unless the person is a licensed pyrotechnic special effects operator and has the approval of the local fire prevention officer; or
  8. Sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules adopted by the commissioner under this chapter.

Texas Occupations Code, Subchapter F, Sec. 2154.251

These violations are Class C Misdemeanors, which can be punishable by a fine up to $500.

Fireworks licensing violations are Class B Misdemeanors which can result in a jail term up to 180 days and a fine not to exceed $2,000.

Fireworks City Ordinances | Local Fireworks Rules in Fort Worth, Keller, and Southlake

In addition to State law, most cities in Texas regulate the use and display of fireworks by way of specific city ordinances. For example, Fort Worth, Texas has enacted an ordinance making the sale, discharge or possession of fireworks within the incorporated city limits a Class C misdemeanor punishable by up to a $2,000.00 fine. Similar ordinances exist in Keller and Southlake, and most other Texas cities.

Before your celebrations, it’s always best to review the above regulations under the Texas Occupations Code and check your local city ordinances online to ensure that you’re legally possessing, using and displaying fireworks.

UM UIM Claims Texas

UM/UIM Insurance: When the At-Fault Driver’s Insurance is Not Enough

By | Insurance, Personal Injury

UM UIM Claims TexasTexas law is clear that every driver must maintain financial responsibility (auto insurance). But, the truth of the matter is that there are thousands of drivers on Texas roads who are underinsured with a minimum policy or not insured at all. What this means is that if you are hit and injured in a car wreck by one of these uninsured or underinsured drivers, you may have to use your own insurance to pay for your medical bills, lost wages, lost ability to work and/or other damages.

What can you do to protect yourself if you are injured in an accident caused by an underinsured or uninsured driver?

We recommend that you carry a significant amount of uninsured motorist (UM) and underinsured motorist (UIM) protection insurance. These policies, which typically only cost you a few dollars per month, ensure that if you are injured by an underinsured or uninsured motorist you and your attorney will have a policy to pursue to properly compensate you for your injuries.

What are the minimum requirements of insurance in Texas and what else can you do to protect yourself?

Texas law requires that a driver have at least $30,000 of coverage for injuries per person, and a total of $60,000 per accident. Insurance companies also offer an option called personal injury protection (PIP). While some states require that drivers carry PIP, Texas does not. PIP is an additional option that provides coverage specifically for injuries sustained in a car wreck. Most people carry $2,500 in coverage under their PIP – this is the minimum coverage required to be “offered” in Texas when you purchase an auto insurance policy. PIP not only pays medical bills but, 80% of your lost income and reasonable household duties. You can purchase even higher limits of PIP through your insurance company and you should get as much PIP coverage as you can. Most insurance companies will sell you at least $10,000 in coverage under PIP, some even more.

Ultimately, if you are injured in a car wreck, your own PIP insurance would be the first policy to pay towards your damages before you can start to pursue the driver’s insurance who hit you.

Why the minimum coverage (and PIP) typically aren’t enough.

Often times, when you’re seriously injured, using your PIP and having the minimum amount of coverage to go after against the driver who hit you just isn’t enough. This is especially (and obviously) the case if the at-fault driver is uninsured. This is where your UIM/UM policy kicks in. If you don’t have UIM/UM coverage under your own policy, then you could be out of luck.

With UM and UIM insurance, claims that exceed your own PIP and the at-fault driver’s insurance will be covered up to the limits of your UM/UIM policy. Because of the vast amount of driver’s in Texas who are either underinsured or uninsured, in many cases UM/UIM policies are one of the only coverages available for your attorney to seek to compensate you for your injuries.

Do you need an attorney for UM/UIM cases?

Yes you do. First and foremost, you need an advocate to make sure you’re getting the most out of your claim against the at-fault driver. But if the at-fault driver is underinsured or uninsured and you have UM/UIM coverage, that doesn’t just mean that your own insurance company is going to automatically hand over the limits of your own UM/UIM policy.

When a driver seeks to be compensated out of their own UM/UIM coverage, they are often times still met with resistance by their own insurance company. The insurance company will still do what they can to pay you as little as possible (they’re a business and unfortunately, you’re often times still treated more like a number than an injured person). An attorney’s job is to break this mentality and advocate for you to be treated fairly and be taken seriously by these insurance companies – not just treated as another number in their computer programs.

What can you do if your own insurance company is not fairly compensating you under your UM/UIM policy?

The first step is to retain our firm to represent you. We’ll advocate for you and work to maximize your claim not only against the at-fault driver’s insurance company but with your insurance provider as well if you’re covered under a UM/UIM policy. Ultimately, if negotiations do not produce a fair offer from your insurance company, you may even bring suit to pursue a fair outcome against your UM/UIM policy.

To speak with an attorney about insurance policies that might be available in your case – including UM/UIM coverage – please contact our office for a free initial consultation.

Best Tarrant County Car Accident Attorney

Car accident Police Report

What if I Didn’t Get a Police Report for My Car Wreck?

By | Car Wreck, Personal Injury

Do I still have a case if the police didn’t make a report on my car wreck?

Car accident Police ReportMany people involved in motor vehicle collisions may not have police or accident reports documenting the specifics of the wreck. Sometimes it could be because the wreck was not reported and the police were never called. Other times, the police may have been called but simply did not respond. Law enforcement agencies often lack the resources to respond to each and every car wreck that occurs in their jurisdiction. More and more police agencies are putting policies into place that do not require them to respond to what the agency deems a “minor” wreck. The problem is that sometimes a wreck that law enforcement deems “minor” may actually have major long-term consequences (and injuries) for the individuals involved.

What can I do if the police never made a report of my accident?

If you are involved in one of these types of wrecks, and there was no accident report filed with the police, you can still have a valid personal injury case. Regardless of the reason, you may find that you do have a legitimate case and still need to file a personal injury lawsuit to be fairly compensated for your injuries. Having a police report can be an advantage when filing a personal injury lawsuit, but even without one it is possible to file and win your case.

Other Ways to Investigate

Police reports are helpful because they provide the parties and the court with relevant facts about the accident based on the observations of unbiased law enforcement officers. But, police officers are not the only people who can provide evidence demonstrating that the other party was negligent. A private investigator can help too.

When necessary, our personal injury attorneys work with private investigators to collect evidence about cases, find and contact witnesses, and gather information to determine which party was at fault in an accident. You will not be required to pay for these services up front. The cost for these services will most likely be presented as an expense that will be deducted from the total sum of your award or settlement.

Other Sources of Information

In addition to an accident report as well as witness testimony, other documents and materials can also be gathered as evidence of your injuries and their cost. These include medical records, videos, photos and other relevant documents. Your attorney can help you obtain these records and reports during the investigation and discovery stage of your case. These documents can help to build up a solid evidentiary basis for your case that your attorney will use to negotiate a settlement or represent you in court.

Your Own Statement

You are most often your best witness. You were present when the wreck occurred and personally went through it. It is always in your best interest to first provide an account of what happened to your attorney directly. Communications between an attorney and client are confidential, so before speaking with anyone about your case you should consult with your attorney regarding what you should or should not disclose and to whom. It is best to retain one of our attorneys so that we can speak confidentially about your case and determine the best course of action to proceed.

Ultimately, it is important to put together an accurate and coherent account of what occurred. Being injured in an accident is almost always a very emotional experience. Your attorney can help you establish a timeline of the events that is logical and provides a clear picture of how the accident happened and the injuries that resulted from it. This can be very similar to the type of narrative that the police would provide if they had written a report.

If you were seriously injured in a motor vehicle collision, and there is no police report, don’t worry. You may still have a very valid case for which fair recovery for your injuries can be obtained. Our experienced motor vehicle accident lawyers can help you determine the best course of action in these situations.

COVID-19 State Orders Texas

What Happens if I Refuse to Obey the COVID-19 Orders?

By | Criminal Defense

Texas Legal Consequences During the Coronavirus Pandemic

COVID-19 State Orders TexasWith the declaration of a state of disaster in Texas by Governor Greg Abbott on March 13,2020 comes some new consequences that Texas citizens need to be aware of.

We previously posted a blog addressing enhancements that have gone into place for certain criminal offenses. But, there are also new laws activated as a result of state, local and interjurisdictional emergency management plans.

Broadly speaking, Texas Government Code (TGC) 418.173 establishes a penalty for citizens failing to comply with emergency management plans.

Specifically, TGC 418.173 states:

(a)  A state, local, or interjurisdictional emergency management plan may provide that failure to comply with the plan or with a rule, order, or ordinance adopted under the plan is an offense.
(b)  The plan may prescribe a punishment for the offense but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.

Most local Texas governments have already established emergency management plans. County Judges in Dallas and Austin, for example, have published their Orders regarding these plans on their local websites and are regularly amending them.

The Emergency Order for Tarrant County can be found here.

It’s important that citizens know that with the disaster declaration in effect, violation of these Orders can result in a person being arrested. For practical purposes, that means that if local government is limiting community gatherings and business closures, a violation of those Orders could result in an arrest.

Information coming from our local government is changing on almost a daily basis now. Check with your local jurisdiction for their emergency management plans and be aware of the consequences of violating those plans.

There are a number of special powers and provisions established with the declaration of a statewide emergency effecting many different areas of law. The full text of the extent of those can be found in Chapter 418 of the Texas Government Code.

Disaster Declaration Texas Criminal Law

Criminal Law Enhancements During a State of Disaster

By | Criminal Defense

Disaster Declaration Texas Criminal LawOn March 13, 2020, Governor Greg Abbott declared a state of disaster in Texas in response to the COVID-19 pandemic. For the purposes of criminal law in Texas, that disaster declaration triggered the provisions of Texas Penal Code (TPC) 12.50.

What are the Criminal Law Implications During a State of Disaster?

In general, TPC 12.50 states that for the offenses listed below, if committed during the declaration of a state of disaster, the punishment level for these offenses is increased to the next higher category for that offense. For example, if a Theft charge would normally be punished as a Class B misdemeanor (0 – 180 days in jail and up to $2,000 fine) then it would be increased to a Class A misdemeanor (0 – 365 days in jail and up to $4,000 fine) if it is committed during the time of the declared disaster.

Specifically, 12.50 applies to the following offenses:

  • Assault and Domestic Violence (TPC 22.01);
  • Arson (TPC 28.02);
  • Robbery (TPC 29.02);
  • Burglary (TPC 30.02);
  • Burglary of Coin-operated or Coin Collection Machines (TPC 30.03)
  • Burglary of Vehicles (TPC 30.04);
  • Criminal Trespass (TPC 30.05); and
  • Theft (TPC 31.03)

TPC 12.50 is limited by the following provisions:

For the offenses of Assault, Burglary of Coin-operated/Coin Collection Machines, Burglary of Vehicles, Criminal Trespass or Theft, if the offense committed would normally punished as a Class A misdemeanor, then during the emergency declaration the minimum term of confinement is increased from 0 to 180 days in a county jail.

For the offenses of Arson, Burglary, and Criminal Trespass, if the offense committed would normally be punished as a First Degree Felony, then there is no enhancement.

Texas CBD Legal 2019

CBD Update: Texas Legislature Clarifies the CBD Issue

By | Drug Crimes

Gov. Greg Abbott has now signed House Bill 1325 into law, clarifying the legality of hemp-derived, low THC CBD products in Texas.

Texas CBD Legal 2019On June 10, 2019, Gov. Abbot signed HB 1325 which modified sections of the Texas Agriculture Code and sections of the Texas Health and Safety Code.

The first major modifications come by way of the Texas Agriculture Code. The code now defines and legalizes “hemp” and establishes a legal production plan for the regulation of hemp and hemp-based products.

The Definition of Hemp

“Hemp” is now defined in in Section 121.001 0f the Texas Agriculture code as

“the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis.”

This definition is essentially the previous definition of marijuana under the Health and Safety Code but now isolates plants that contain less than .3% THC as being legal “hemp”.

By providing a clear definition of “Hemp” including plants or products that contain .3% THC or less, the legislature has resolved the issue that previously existed making the possession of any amount of THC regardless of it’s origin a felony level offense in Texas.

The Texas Agriculture Code has also been amended to establish a legal production plan for the regulation and sale of hemp and hemp-based products. The Code now establishes a licensing process for businesses looking to grow or sale hemp products.

New Rules for Peace Officers

The amendments to the Code also now give powers and duties to Peace Officers who come into contact with hemp regard to determining whether a plant or substance is marijuana or hemp. Under Sec. 122.358 of the Texas Agriculture Code, a peace officer may now inspect and collect a reasonable sized sample of any material from the plant Cannabis sativa L. found in a vehicle to determine the THC concentration of that material. Unless the officer has probable cause to believe the plant material is marijuana, the peace officer may not seize the plant material or arrest the person transporting the plant material. This would include hemp-derived CBD oil containing .3% THC.

In regards to the Health and Safety Code, HB 1325 has amended the code to exclude hemp (and more importantly the THC in hemp) as defined by Section 121.001 from the definition of a Controlled Substance. The bill also now specifically excludes hemp as defined by Section 121.001 (and the THC in hemp) from the definition of “Marijuana” in Section 481.002 (26) of the Health and Safety Code.

House bill 1325 has significantly clarified the previously confusing state of the law concerning CBD products in Texas. We advise those that are selling, buying or possessing CBD products to read the text of the bill for more details.

https://legiscan.com/TX/text/HB1325/id/2026154/Texas-2019-HB1325-Enrolled.html