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Criminal Defense in Texas: Legal Guides & Resources

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

Do You Need Consent to Record Conversations in Texas? 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 โ€œsimplifying and modernizingโ€ 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 โ€œstackedโ€ 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 individualโ€™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 minorsโ€™ actions should be treated differently from adultsโ€™, aiming to give young people a genuine โ€œfresh startโ€ 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 โ€œfresh startโ€ 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 individualโ€™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 billโ€™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.

Santa Claus holding a sign labeled "25-12" in front of a height chart, with the text "TOP 5 REASONS FOR HOLIDAY ARRESTS" prominently displayed, relating to criminal defense insights during the Christmas season by Howard Lotspeich Alexander & Williams, PLLC.

Top 5 Reasons for Arrests During the Christmas Holiday Season

By Criminal Defense

Santa Claus holding a sign labeled "Top 5 Reasons for Holiday Arrests," with a mugshot background, representing holiday-related legal issues in Texas.When you think about the Christmas season, you probably think about family time, presents, good food, and celebration. We think about those things too, but as criminal defense attorneys, we also think about the reasons that some of our clients get arrested during the holiday season. For this article, we took a look at the last 8 years of holiday season arrests (for clients that we represented) and compiled an (anecdotal) list of the top 5 reasons that folks get arrested during the Christmas/New Yearโ€™s season. Our goal is that this list will serve as a warning, so that your holiday season can be filled with the good stuff, rather than jail, bail, and calls to our office. Here goes:

5. Shoplifting

Many retailers slash their prices and offer steep discounts in the weeks leading up to Christmas and even bigger discounts after Christmas, but we have yet to see any retailer offer the “five finger discount” for their merchandise. Regardless, we see plenty of shoplifting cases during the Christmas season, making it our #5 reasons that people get arrested during Christmas. Depending on the regular price value of the item (not the discounted price), shoplifting theft charges can range from misdemeanors to felonies. Learn more about Theft law in Texas here.

4. Package Theft

In a similar vein to shoplifting, our #4 reason for holiday arrests is package theft. Many shoppers choose the convenience of online shopping and have their Christmas purchases delivered right to their front door. Some people see this as an easy target, following behind UPS or FedEx trucks to steal those would-be Christmas gifts from the front porch. However, with the increase in doorbell cameras, it is getting easier to catch the porch pirates in the act. Further, some law enforcement agencies have begun using dummy packages to bait thieves into getting caught. Package theft can range from a misdemeanor to a felony depending on what unknown treasure lay inside the brown box.

3. Air Travleing Trouble (Guns,ย Drugs, and Intoxication)

Going to visit grandma can require air travel for many families. This means that thousands more people than usual flood through DFW Airport between Thanksgiving and New Year’s. It matters not from where these travelers hail. From Maryland to Oregon to France, if a person is arrested at DFW Airport, their case will be filed in Tarrant County, Texas and they will have to travel back to DFW to attend court. During the holidays, we see a surge in airport arrests when people bring items into the airport that are not allowed or when folks over indulge during a layover. Specifically, we see the following airport arrests:

Even if the state from which a traveler is coming has legalized marijuana and the state to which they are traveling has legalized marijuana, if they are caught possessing marijuana in the airport, they will be arrested and charged. The combination of airport gun arrests, airport drug arrests, and airport public intox arrests make these types of cases our #3 reason for holiday arrests.

2. Assault Family Violence

In the movie Christmas Vacation, Clark Griswold showed an enormous amount of restraint when his extended family pushed him to the limit (especially Cousin Eddie), but not everyone is blessed with such a cool head. Christmas time brings added stressors into the family environment that can sometimes lead to verbal or physical altercations between family members, so much so, that these arrests rank at #2 in our book. Depending on the nature of the assault, a domestic violence arrest can be charged as a misdemeanor or a felony. Learn more about Family Violence under Texas law.

1. Driving While Intoxicated

With all of the Christmas and New Year’s parties and the increase in No Refusal Weekends, it is not hard to guess that DWI arrests are #1 on our list. Driving While Intoxicated in Texas can range from a misdemeanor (if it is a first or second offense) to a felony (if there is a child in the car or if the person arrested has been convicted of DWI twice in the past). Our advice is to plan ahead and do not even take your car to a Christmas party when you plan to drink. Catch a ride from a friend or take an Uber or Lyft. That would be a lot cheaper than hiring an attorney and a lot less hassle too. Learn more about Texas DWI law here.

We Hope You Never Need Us, But We’re Here if Your Do.

We wish you a very merry Christmas and a happy New Year. As always, we hope you never need us to represent you or one of your loved ones for a criminal offense. This is even more true during the Christmas season. Hopefully this list will help you avoid trouble that looms during the holiday season. If you do happen to need us, we are only a phone call away at (817) 993-9249.

Fireworks display with colorful rockets and text overlay "FIREWORKS LAWS IN TEXAS" from Howard Lotspeich Alexander & Williams, PLLC, highlighting legal aspects of fireworks use in Texas.

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

By Criminal Defense

Do Not Lose Your Liberty on Independence Day

Fireworks display with colorful explosions in the background and text overlay reading "Fireworks Laws in Texas" alongside the logo of Howard Lotspeich Alexander & Williams, PLLC.Independence 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 youโ€™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.

Recording device buttons with text "Recording Conversations Under Texas Law" and logo of Howard Lotspeich Alexander & Williams, PLLC, emphasizing legal implications of recording conversations in Texas.

Can I Record a Conversation Without the Other Party’s Consent in Texas?

By Criminal Defense

Recording Conversations Without Consent in Texas | Wiretapping Laws

Recording conversations under Texas law, red record button, and stop button, HLAW logo.With roadway cameras at nearly every street corner, video surveillance in businesses, doorbell cameras on homes, web cams on computers, and recording capabilities on mobile phones โ€“ we must navigate carefully in a digital world. Weโ€™ve seen titillating news reports exposing a secret audio tape of a public figure having scandalous phone conversations, or video surveillance of questionable traffic stops that escalate in shocking fashion. You may have had a suspicious feeling that you were being recorded, or on the other hand, felt as if you needed to record a conversation with another for your own protection.

With privacy seemingly harder to come by as compared with days long past—what does Texas law say about recording conversations? Is it illegal to record a phone conversation with another person? What about in person?

The short answer is: YES, you can record a conversation with another person without that person’s consent. But this answer requires more explanation.

Recording Phone Calls in Texas | Texas is a One-Party Consent State

Under Texas Law, it is a crime intercept or record any wire, oral or electronic communication without the consent of at least one party. The good news is that you count as one party and if youโ€™re recording then you have probably given yourself consent to record the conversation. Generally speaking, state wiretapping laws turn on whether the state is a one-party consent state. While some states require the consent of all of the parties to a conversation prior to recording, Texas permits the recording of telephone calls, so long as the consent of one of the parties is obtained. As stated, if you are one of the parties on the phone call, then you may consent to having your own conversation recordedโ€”you need not alert the other party. Additionally, a parent may give vicarious consent to the recording of a childโ€™s conversation if the parent has a good faith objectively reasonable belief that the recording is necessary for the welfare of the child.

However, if during a phone call there are multiple parties who are in different states, then be aware that other state laws may require pre-recording consent of all of the parties. In this scenario, if the recording party obtains consent from the other parties before the recording begins, then the recorder is not in violation of wiretapping laws.

See this link to learn more about the various state wiretapping laws.

Recording In-Person Conversations in Texas | Can I Record Someone Else’s Public Conversation?

Texas law (Penal Code §16.02) does not permit you to record in-person communications when the parties have an expectation that such communication is not subject to interception (i.e. If there is a reasonable expectation of privacy). If you wish to record a conversation to which you are not a party, all of the parties must give consent before the recording device is turned on or there must be no reasonable expectation of privacy (e.g. If the recording is taken from your doorbell camera and the parties are standing on you doorstep). If you are a party to the conversation, record away.

Further, you are able to record in-person communication at a public place, like a mall food court or at a football game for example, where parties do not have the expectation of privacy. Remember—if you say it in a public place, within earshot of others who may overhear, you do not have an expectation of privacy in those statements. Generally, such statements may be recorded without violating that state’s wiretapping laws.

A Word of Caution of Recording Conversations in Texas

Please be aware that there are both federal and state wiretapping laws that may limit your ability to making recordings of telephone calls or in person conversations. This article addresses state wiretapping laws in Texas only. Additionally, if a person has violated a state or federal wiretapping statute, he may be both charged criminally and be sued civilly by the damaged party.

Further, while a person may have successfully recorded a conversation under state and federal wiretapping laws, the act of disclosing the recording to other third parties could be, in and of itself, punishable criminally or civilly under other legal theories (such as slander, for example).

If you are faced with a wiretapping charge, or have questions about wiretapping, please contact an attorney who will address both the state and federal regulations as they are related to the facts of your specific case. Wiretapping charges are potentially serious felonies that could land a person in jail or prison, with fines ranging from $200 to $10,000. If you are faced with charges related to wiretapping in Texas, please contact our offices at (817) 993-9249 for a consultation.

Summary on Texas Wiretapping

  • A person can record a conversation to which you are a party in Texas without violating wiretapping laws, so long as the other party is in a “one party consent” state.
  • A person can record a conversation (to which he is not a party) if one of the participants gives him permission.
  • A person can record a conversation when, in a public setting, the participants do not have a reasonable expectation of privacy.
  • It is almost always illegal to record a phone call or private conversation to which one is not a party, does not have consent from at least one of the parties, and could not naturally overhear the conversation.

This article is for educational purposes only and should never be substituted for legal advice.

SBA loan eligibility infographic for individuals with criminal history, featuring a lending partner, loan graphic, and small business storefront, branded with Howard Lotspeich Alexander & Williams, PLLC logo.

SBA Loans Limitations Based on Criminal History

By Criminal Defense

Can I apply for an SBA Loan if I have a criminal history?

SBA loan eligibility graphic for individuals with criminal history, featuring icons of a lending partner, loan stacks, and a small business, with the logo of Howard Lotspeich Alexander & Williams, PLLC.Countless small businesses have been impacted by the COVID-19 pandemic. The US Government has several different loan programs offered through the Small Business Administration aimed at helping small business get through the crisis and maintain jobs for their employees. Many of the SBA loan programs for the COVID-19 crisis can be found on the SBA website COVID-19 section.

One of the questions that we have received during the last couple of weeks is whether a person with a criminal history can apply for an SBA loan. The answer is…it depends. It depends on the nature of the criminal offense.

What will disqualify me from applying for an SBA loan?

When it comes to criminal history, the following will disqualify a company and make it ineligible for SBA assistance.

If an owner of the company (who owns 20% or more) answers YES to any of the following questions taken from the SBA application, then the company is NOT eligible to apply for SBA assistance:

  • Are you currently incarcerated?
  • Have you been adjudicated for a felony in the preceding 5 years? This includes
    • Felony conviction;
    • Plea of guilty to a felony offense;
    • Plea of nolo contendere (no contest) to a felony;
    • Participating in a pre-trial diversion program for a felony offense;
    • Probation or Deferred Adjudication for a felony offense.
  • Are you currently on probation for a felony or a misdemeanor?
  • Are you currently on parole?
  • Are there pending criminal charges against you that have not yet been adjudicated (felony or misdemeanor)?

*NOTE: There is also a question on the Economic Injury Disaster Loan that asks whether an applicant has been arrested (even if the charge was dismissed) for any criminal offense (other than a minor motor vehicle violation). It is unclear whether an arrest by itself is a disqualifier or just a point of inquiry.

If a 20% (or more) owner answers YES to any of those questions, then the company will not even be able to complete its application for SBA assistance.

In the past, it seemed that the SBA was only concerned with felony criminal history (see 13 CFR 120.110), but the new applications for the COVID relief do not distinguish between felonies and misdemeanors when it comes to either active probationers or individuals with pending charges.ย  This is especially difficult for individuals that have a pending criminal charge to which they have pleaded not guilty and not yet received their day in court. To sink their business while at the same time presuming them innocent is not in keeping with the spirit of the presumption itself.

Please be reminded that it is a federal offense to falsify a loan application, so please don’t do that.

Paycheck Protection Loan Application

Economic Injury Disaster Loan

Legal consequences during Texas COVID-19 pandemic with a stylized virus graphic and HLAW logo.

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

By Criminal Defense

Texas Legal Consequences During the Coronavirus Pandemic

Legal consequences graphic during Texas' COVID-19 pandemic featuring a virus illustration and HLAW logo.With 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.