Gary Medlin
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How long does an expunction take in Texas? Well, first off, we need to talk about being eligible for the expunction because it can take a while to be eligible for an expunction. Now, if a person gets arrested for some type of criminal offense in Texas and that case gets dismissed, or the person is found not guilty, they can be eligible for an expunction. 

Now, if the case gets dismissed, typically they may have to wait for the statute of limitations to expire before they can file an expunction. That depends on what the charge was. So, if it was a typical low-level misdemeanor, then the statute of limitations may be two years.

For many felonies, the statute of limitations is three years. But, for a lot of other felonies, the statute of limitations can be much longer. It gets kind of technical here, and it depends a lot on the different type of felony charges. There can be some with a statute of limitations of up to 10 years. Some, such as murder, have no statute of limitations at all. 

So, first off, if the person is eligible, then we have to wait for the statute of limitations to expire. Now, there are some situations where a person can be eligible for an expunction right away. A person is found not guilty, they’re eligible to do the expunction right away. 

Some types of dismissals resulting from a program that’s approved by the court, maybe. There’s lots of different programs depending on the jurisdiction or the city that may be available to deal with. Say, a drug charge or some other type of offense. But with some of these programs, completion of the program with a dismissal at that point allows the person to proceed with doing the expunction right away without having to wait for the statute of limitations to expire.

Now, we’re at the point where the person is eligible to file the expunction, the statute of limitations is expired, or they were found not guilty, or they completed the program that allows them to file right away. Now, this is going to depend on the jurisdiction or the county. Some counties take longer to process an expunction than others. But, generally it’s gonna take three to six months.

First off, the person has to file an expunction and then all the agencies identified in the expunction have a certain amount of time to reply to the expunction. Then, we have to go through the court process, and depending on the county, that may be a very quick process of getting it done in a month or two. Or it may take several months or more to go through that process to get to the point where the judge grants the expunction.

Then, there is a short period of time before the judgment of expunction becomes final. And then it takes a short time for all those records of arrest to be erased, deleted, and destroyed. But once you get that expulsion granted, and you go through that process, and those records get erased, deleted, and destroyed, then you’re legally entitled to say that that offense never happened.


In Texas, getting an expunction, which clears your criminal record, can take some time. First, you must be eligible, usually because your case was dismissed or you were found not guilty. Then, you might have to wait for a certain period, depending on the type of offense. Once it is granted, your records are erased, and you can legally say the offense never happened.

**Over 96 Years Of Combined Criminal Defense And Immigration Law Experience** ** Board Certified in Criminal Law, Texas Board of Legal Specialization, since 1989** **Award Winning Immigration Law Firm** Our law firm in Dallas Texas is driven with one simple goal in mind and that is to deliver the best possible result on every case we represent. We know that for every criminal case that we pursue, there is a human being that is dependent on us for defending his or her rights, freedom, and future well-being. This type of understanding is the foundation of any successful attorney-client relationship. Everyone should be deserving of a lawyer that they feel comfortable working with. You need someone by your side, who knows and understands the sum and substance of the Texas criminal justice system, and who is familiar with the courts, judges, prosecutors, and clerks in the various jurisdictions of the state of Texas. We are committed 110% to be that firm for you! Selection of your criminal defense counsel should be a careful and thorough process. You need and deserve a highly experienced and devoted advocate that you can rely on to protect your rights and your future. Our team of defense lawyers at The Medlin Law Firm will always give you honest answers to your questions and will dedicate the time that is needed in order to properly outline your defense strategy and possible scenarios of resolution. When you hire our firm, we get to work right away on uncovering and investigating every single detail of your case and the charges you are facing. We know what it takes to build a strong defense on your behalf. Our philosophy in handling each and every new criminal case is to prepare for the worst, but expect the best from the get-go; therefore, we look to dismiss every case if possible, but won’t hesitate to escalate to trial if it serves your best interests. We prepare for each criminal case by planning multiple possibilities and courses of action, so that when your case unfolds, we are in an optimal position to choose the best and most beneficial resolution. Working with The Medlin Law firm means you are always informed and involved at every step of the process. In over 34 years of criminal law practice, Gary Medlin has handled criminal matters of every type and has successfully defended thousands of criminal cases in the state of Texas. His experience practicing on both sides of Texas state and federal criminal law cases offers a significant advantage to his clients. Before becoming a criminal defense attorney, Gary Medlin served as assistant district attorney for over 8 years, prosecuting criminal charges against those accused of breaking the law. Today, this experience gives him invaluable insight into how prosecutors prepare cases against the firm’s clients. He knows the prosecution’s priorities as well as their pressure points, and as a result, is much more resourceful and effective in the preparation and defense of his client’s cases. For the past several decades, Gary has been a highly regarded and trusted Texas criminal defense lawyer. He is Board Certified in Criminal Law as designated by the Texas Board of Legal Specialization, a distinction achieved by only 10% of criminal defense attorneys in the state of Texas. AREAS OF PRACTICE: • Criminal Law • Immigration Law CERTIFICATIONS/SPECIALTIES: • Board Certified in Criminal Law, Texas Board of Legal Specialization, since 1989 BAR ADMISSIONS: • United States Supreme Court • United States Court of Appeals for the Fifth Circuit • United States District Court, Northern District of Texas • Texas courts by the Supreme Court of the State of Texas PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS: • Tarrant County Bar Association • Tarrant County Criminal Defense Lawyers Association (Immediate Past President) • DUI Defense Lawyers Association (Founding Member) • Texas DWI Defense Lawyers Association (Founding Member) • State Bar of Texas • Texas Criminal Defense Lawyers Association • National Association of Criminal Defense Lawyers • National College for DUI Defense EDUCATION: • Texas Tech University, Bachelor of Science 1979 • Texas Tech University School of Law, Juris Doctorate 1982 • State Bar of Texas Licensed: 1983 CRIMINAL CASES WE HAVE EXTENSIVE EXPERIENCE IN REPRESENTING AT BOTH THE STATE & FEDERAL LEVELS: • DWI & DUI Offenses • Assault/Battery Charges • Domestic Violence • Murder/Manslaughter • Drug Crimes • Weapons Offenses • Violent Crimes • Theft/Burglary/Shoplifting • Arson • Bribery • White Collar Crimes • Conspiracy • Cyber Crimes • Embezzlement • Forgery • Sexual Offense Crimes • Trespass • Vandalism IMMIGRATION • Visa • Green Card • Citizenship • Deportation Services List • Criminal Defense - All Levels - All Case Types • Individualized DWI Defense & Hearing to Save Your License (ALR) • Extensive Experience in Jury Trails, Obtaining Dismissals, Reductions & More • Motions to Suppress, Occupational License to Cover Periods of Suspension • Obtaining Jury Acquittals at Every Level of Crime Including Capital Murder, Intoxication Manslaughter & DWI (Past Performance is No Guarantee of Future Results) • Immigration - Visa - Green Card - Citizenship - Deportation Amenities • Bonds Free for Clients • Frequent Speaker On DWI, ALR, and Other Criminal Law Matters • Admitted to the United States Supreme Court, U.S. Dist. Ct.-Northern Dist. TX., U.S. Ct. of Appeals-5th Circuit • Member, College of State Bar of Texas, National Association of Criminal Defense Lawyers • Former Tarrant County Assistant District Attorney The Medlin Law Firm - Dallas 2550 Pacific Ave #866 Dallas, TX 75226 (214) 888-4810 - Contact Gary at  
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