Tarrant County Offense Guide
Expunging Unlawful Carrying of a Weapon in Tarrant County
How an unlawful carry charge gets erased through the Fort Worth courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 46.02
Offense level
Class A misdemeanor in most cases
About the charge
Unlawful carrying of a weapon (UCW) was for decades one of the most common arrests in Texas — a handgun in the car without a license, a firearm carried where prohibited. It's generally a Class A misdemeanor.
Texas's 2021 constitutional carry law made much previously criminal conduct legal, leaving many Texans with arrest records for behavior that is no longer a crime. Those older records don't clear themselves — but many are eligible for relief.
Where your case gets cleared in Tarrant County
Tarrant County expunctions are filed in the district courts in Fort Worth, where criminal matters are centered at the Tim Curry Criminal Justice Center. Felony cases run through the criminal district courts; misdemeanors through the County Criminal Courts.
Records for a Tarrant County arrest typically sit with the arresting agency — Fort Worth PD, Arlington PD, the Sheriff's Office, or one of the county's many suburban departments — plus the county clerk, district clerk, and DPS, all of which must be named and served in the petition.
Local practice notes
Tarrant County has long operated deferred prosecution programs for young first-time offenders, under which completed cases are dismissed — dismissals that generally ripen into expunction eligibility. The DA's office reviews expunction petitions closely for statutory compliance, so precise drafting matters here; defective petitions get contested rather than waved through.
Can an unlawful carry charge be expunged?
Like nearly every Texas offense, eligibility turns on how the case ended. An arrest for this charge is generally expungable under Chapter 55A of the Code of Criminal Procedure if:
- The charge was dismissed and the applicable waiting or limitations period has passed
- You were acquitted at trial
- A grand jury declined to indict (felony no-bill)
- You were arrested but never charged, once the waiting period runs
- You completed a Class C deferred disposition and the charge was dismissed
Dismissed, no-billed, and acquitted UCW charges are expungable on the standard Class A timeline — a one-year waiting period for never-charged arrests, or after limitations for dismissals. Many pre-2021 UCW cases were dismissed as the law changed, creating a large pool of expungable records. If your case is older, it's worth checking exactly how it terminated; people often misremember a quiet dismissal as 'nothing happened.'
If expunction isn't available: sealing
Completed deferred adjudication for UCW can generally be sealed with a nondisclosure order after the waiting period, and certain UCW convictions may qualify for sealing as well. Learn how orders of nondisclosure work →
Why clearing this record matters
A weapons charge on a background check alarms employers out of proportion to the conduct — especially now that carrying without a license is often legal. It also complicates License to Carry applications, firearm purchases (delays and denials during NICS checks), and security-sector employment. Clearing the record aligns your paper history with what the law now permits.
Common questions
My conduct would be legal under constitutional carry today. Is my old record automatically cleared?
No — changes in the law don't erase old records. But if your case was dismissed or never prosecuted, the arrest is likely expungable through the normal process.
Will a UCW record stop me from getting a License to Carry?
It can cause denials or delays depending on how the case ended. Expunging an eligible arrest removes it from the records DPS reviews.
I got deferred adjudication for UCW. Can I clear it?
It can't be expunged, but it can usually be sealed with an order of nondisclosure after the applicable waiting period — hiding it from employers and most background checks.
I completed Tarrant County's deferred prosecution program. Can my record be cleared?
Program completions that end in dismissal are typically strong expunction candidates. We confirm your program paperwork and dismissal, then file when the waiting period allows.
Do I have to appear in court in Fort Worth for my expunction?
Usually not — most Tarrant County expunctions are resolved without the petitioner appearing. We appear for you when a hearing is required.
Statewide guide
Unlawful Carrying of a Weapon expunction in Texas →
County guide
All Tarrant County expunctions →
Disclaimer: This page is general legal information about Texas law, not legal advice about your case, and reading it does not create an attorney‑client relationship. Eligibility depends on the complete details of your criminal history — get a free case review for a definitive answer.
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