Key Takeaways
- CCP 55.01(c) allows expunction of dismissed or acquitted counts even when other charges from the same arrest ended in conviction.
- Most DIY filers and many attorneys miss this remedy entirely.
- The 2017 statutory rewrite and subsequent appellate decisions have broadened availability.
- Waiting periods match regular expunction (based on the dismissed charge's offense level).
- Limited expunction can be combined with later nondisclosure on the surviving count for maximum relief.
Texas law has a lesser-known but powerful remedy called a limited expunction (sometimes called a partial expunction). It applies when your case had multiple charges and only some of them were dismissed or acquitted. Most DIY filers — and even many attorneys who don't handle record clearing regularly — miss it entirely, leaving clients with a result that's far less than what they're actually entitled to under Chapter 55 of the Texas Code of Criminal Procedure.
This guide explains when limited expunction applies, how much of the record it actually clears, and why it's one of the most underused tools in Texas record-clearing law.
What Is a Limited Expunction?
When a person is arrested on multiple charges in the same incident — say, a DWI plus a drug possession count — the case often resolves with different outcomes for each charge:
- One charge dismissed, another pled to
- One acquitted at trial, another convicted
- One no-billed by the grand jury, another proceeded to deferred adjudication
Under Code of Criminal Procedure article 55.01(c), you can expunge just the charges that ended in your favor, even when another charge from the same arrest ended in conviction or deferred. That's a limited expunction.
Why It Matters
A limited expunction doesn't wipe the whole arrest. But it does:
- Remove the dismissed/acquitted charges from court records
- Stop those specific counts from appearing on background checks
- Allow you to accurately describe what you were actually convicted of (rather than the whole list that appeared on the original arrest record)
- Dramatically improve your narrative when an employer or landlord does see the surviving record — "DWI" reads very differently from "DWI + drug possession," even if you only were convicted of the DWI
It's particularly valuable for multi-count indictments where the DA originally stacked charges as a negotiating tactic and later dropped everything but the lead count.
When a Limited Expunction Applies
The classic fact patterns we see:
| Scenario | Limited Expunction Available? |
|---|---|
| Arrested for Assault + Resisting Arrest → pled to Assault, Resisting dismissed | Yes — for Resisting |
| Arrested for DWI + Drug Possession → pled to DWI, drug count dismissed | Yes — for drug count |
| Arrested for Aggravated Assault + Unlawful Carry → acquitted of Aggravated, convicted on Carry | Yes — for Aggravated |
| Single-charge case, full acquittal | Not "limited" — just a regular full expunction |
| Multi-charge, all dismissed | Full expunction on all counts |
| Multi-charge, all ended in conviction | No expunction relief available |
Not Sure If You Qualify?
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The Statutory Nuance
Texas CCP art. 55.01(c) was significantly rewritten in 2017. Under the current version, limited expunction is permitted when the arrest and charges are "associated with or related to" a charge that was dismissed or acquitted, even if the core conviction survives. The statute gives courts flexibility, but also creates some judge-to-judge variation in how broadly "related to" is interpreted.
In practice, most Texas judges grant limited expunction on clearly separate charges from the same arrest. The grayer area is sub-counts of a single offense — for example, two counts of theft charged alongside each other that arose from the same event, one dismissed. Some courts treat those as separable; others see them as one offense for expunction purposes.
We track which judges in which counties have ruled which way on borderline limited-expunction petitions. It's one of the things you pay for when you hire professional preparation — knowing, before you file, whether your specific courthouse is likely to take a narrow or broad view of the statute.
What Actually Stays on the Record
After a limited expunction:
- The dismissed/acquitted charges disappear from DPS, the arresting agency, the clerk's public file, and background-check vendors
- The surviving charge remains visible — and with it, the fact of the original arrest
- The cause number of the case may still show the combined charge history on older court-records systems until those systems refresh (usually 30–90 days)
The narrative improvement is significant. Before: a single arrest showing 4 charges — 1 conviction, 3 dismissed. After: 1 conviction, no mention of the dismissed counts. The surviving record is much less "heavy" in hiring and housing reviews.
Common Mistakes With Limited Expunction
Mistake #1: Not Filing Because You Assume "The Whole Case Is Done"
Plenty of clients accepted a plea deal years ago and never learned that the dismissed companion charges are independently expungeable. Time doesn't hurt — there's no deadline to file a limited expunction for dismissed counts. Even 10 or 20 years later, it can still be done.
Mistake #2: Filing a Full Expunction by Mistake
DIY filers occasionally draft an expunction petition naming the whole arrest rather than the specific counts that qualify. Judges deny these because part of the arrest (the conviction) isn't expungeable. The fix is refiling as a limited expunction, which costs time and sometimes fees.
Mistake #3: Missing Background-Check Vendors
Same rule as full expunction — if the petition doesn't list every agency and vendor that might have a copy, the dismissed counts keep showing up. Partial relief with incomplete distribution is worse than full relief properly distributed.
Mistake #4: Forgetting Future Nondisclosure Possibilities
After a limited expunction clears the dismissed counts, the surviving conviction may separately qualify for nondisclosure down the line — depending on the offense and time elapsed. Strategic clients sequence the two remedies: limited expunction first to clear the companion charges, then nondisclosure later on the surviving charge.
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Frequently Asked Questions
The same waiting periods apply as for regular expunction, based on the offense level of the dismissed/acquitted charges. For a dismissed Class A misdemeanor, that's 1 year from arrest; for a dismissed felony count, 3 years.
No. The surviving conviction stays as-is. The limited expunction only touches the charges that ended in your favor.
If the charges were split into separate cause numbers, each one is handled as its own case. You'd file a full expunction on the cause numbers that were dismissed and leave the convicted cause number alone.
The court filing fee is the same ($250–$450). Our preparation fee is also the same — limited expunctions require the same research, drafting, and follow-through.
Yes — and it's a common combined strategy. Expunge the dismissed counts and nondisclose the conviction (if eligible). The end result is as close to a full clean record as Texas law allows on a partially successful case.