If the person seeking the expunction meets one of the above requirements, he or she may be eligible for an expunction provided all the following are true: the person has not been convicted of a felony within the five years preceding the arrest sought to be expunged, the person was not convicted of the criminal offense for which he or she was arrested, and the person was not ordered by a court to complete community supervision (probation) for that crime.
The above "no community supervision" requirement does not, however, apply to Class C misdemeanors. Hence, one arrested for a Class C misdemeanor (such as speeding, public intoxication, or minor in possession) may have the arrest expunged if he or she receives deferred adjudication for the alleged offense. Deferred adjudication means a final conviction is not entered against the defendant while he or she completes a probationary period. Thereafter, the charge is dismissed, but the arrest remains on the defendant's record unless expunged.
The advantages of expunction are obvious. Job and other types of applications often ask "Have you ever been arrested for a criminal offense?" A person who's had an arrest expunged may answer no, and may also deny the expungement. (Note, however, that many law enforcement, security and military agencies expect applicants to disclose even expunged arrests; failure to do so may result in termination. Such is also the case for people applying for a license from such entities as the State Bar of Texas or the State Board of Medical Examiners.)