The Harris County PTI program — the county’s Pre-Trial Intervention track run by the District Attorney’s Office with supervision by the Harris County Community Supervision and Corrections Department (CSCD) — lets eligible defendants have their criminal charges dismissed without going to trial. You agree to a set of conditions for a fixed period. Finish everything, and the DA’s office moves to dismiss. No conviction goes on your record, and you can then pursue a full expunction of the arrest itself.
Who Qualifies
PTI is generally reserved for first-time offenders facing lower-level charges. Prosecutors look for people with no prior adult convictions, no previous felony probation or deferred adjudication, and no history of participating in a diversion program for a felony offense. You also cannot be under investigation or facing charges for any other felony, anywhere in Texas or another jurisdiction.
The most common qualifying charges are possession of a controlled substance under one gram, personal-use amounts of marijuana, and certain nonviolent property offenses like retail theft. Felony drug charges involving between one and four grams are reviewed case by case rather than automatically accepted or rejected.
Some cases are almost always excluded. If the offense involves a weapon, violence against another person, evidence of drug distribution, or an allegation that you were manufacturing controlled substances, prosecutors will not approve PTI.
The legal foundation for the program is Texas Government Code Section 76.011, which authorizes community supervision departments to operate pretrial intervention tracks and caps supervision at two years.1Office of Court Administration. Office of Court Administration Informational Guidance Pretrial Intervention Conditions
How to Apply
Your defense attorney submits the application, but you do most of the document gathering. The package needs to show someone who made a one-time mistake and has the stability to complete the program. Expect to provide:
- Proof of employment or school enrollment — current pay stubs, an employer letter, or a transcript showing active enrollment.
- Character references from employers, mentors, or community members who can speak credibly about who you are outside of this arrest.
- A written personal statement acknowledging the facts of the incident. This requires a clear admission of what happened.
- The PTI application form itself, obtained through your defense attorney or the District Attorney’s Office.
Read the next part carefully, because it is where people get hurt. When you sign the PTI agreement, you typically also sign a waiver acknowledging that if you are later removed from the program, the admissions in your application can be used against you at trial. Everything you write needs to be honest and reviewed by your attorney before submission. Incomplete or inaccurate information usually results in an immediate rejection.
Timing matters. For felony drug cases, the DA’s office expects the application within 60 days of the first court setting. Waiting too long can cost you the opportunity entirely.
How the DA Decides
The prosecutor assigned to your case reviews your criminal history, the facts of the arrest, and the strength of your application. The District Attorney’s Office has complete discretion. There is no right to PTI, no appeal if you are denied, and no obligation for the prosecutor to explain why. If approved, your attorney gets notice and you move into the program. If denied, the case stays on the trial docket.
What the Program Requires
Accepted participants sign a contract spelling out every obligation over the program term. Conditions vary by charge, but the framework is consistent.
Duration and Supervision
Drug possession and theft cases often run roughly 6 to 12 months. DWI pretrial intervention typically lasts one to two years. CSCD assigns you a supervision officer, and you check in on a set schedule. A missed appointment counts as a contract violation.
Standard Conditions
Most PTI contracts include a combination of the following:
- Community service hours at approved nonprofits in Harris County.
- Offense-specific classes: drug education for possession, theft prevention for retail theft, alcohol education and an ignition interlock for DWI.
- Random drug and alcohol testing. A single positive result can trigger removal.
- A monthly supervision fee paid to CSCD.
- Maintaining employment or full-time enrollment for the entire term.
- No new criminal charges beyond a minor traffic ticket. Any new case is grounds for termination.
Travel
Your contract will specify whether you can leave Harris County or the state. Never assume permission. If you need to leave for a family emergency, medical appointment, or work, submit a written request to your supervision officer well in advance, with specific dates, destinations, and return plans. Do not book travel until you have written authorization.
What Happens If You Fail
Violate any condition and the District Attorney’s Office can terminate your participation and put your case back on the trial docket as though the program never existed. You lose credit for community service hours completed, fees paid, and time served.
The waiver you signed at the start means the admissions in your application can be introduced as evidence against you at trial. You have effectively handed the prosecution a statement of facts written in your own words. That is why the decision to enter PTI should be treated as seriously as any other major strategic choice in the case.
What You Get If You Finish
When you satisfy every condition, the DA’s office moves to dismiss the charges. No conviction appears on your criminal record. For most people, that is the point of doing PTI in the first place.
The dismissal alone does not erase the arrest record. Until you obtain an expunction, the arrest itself remains visible in public databases and can show up on background checks run by employers, landlords, and licensing boards.
Expunging the Arrest
Texas law entitles you to a full expunction after a PTI dismissal. The governing statute is Chapter 55A of the Texas Code of Criminal Procedure, which replaced the former Chapter 55 effective January 1, 2025. Under Article 55A.053, a person who completed a pretrial intervention program authorized under Government Code Section 76.011 qualifies to have all records and files related to the arrest permanently destroyed.2State of Texas. Texas Code of Criminal Procedure Article 55A.053
Waiting periods depend on the track. The Harris County DA’s Office publishes these:
- Standard PTI (non-DWI, non-family violence): no waiting period.
- Felony mental health PTI: no waiting period.
- Veterans court PTI: no waiting period.
- DWI PTI: one-year waiting period after completion.
- Domestic violence PTI: one-year waiting period after completion.
The specific terms of your PTI contract control the waiting period, so review your agreement or ask your attorney to confirm your timeline.3Harris County District Attorney’s Office. Clear Your Criminal Record in Harris County
Expunction requires filing a petition in civil court and obtaining a court order directing every agency that holds records of the arrest to destroy them. For many PTI completions in Harris County, the DA’s office will consent to an “agreed expunction,” which simplifies and speeds up the process.3Harris County District Attorney’s Office. Clear Your Criminal Record in Harris County Once the order is granted, law enforcement agencies, the courts, and other entities must delete their records. You can then legally deny the arrest ever occurred on most job applications and background questionnaires.
Expunction carries costs. Court filing fees in Texas typically run a few hundred dollars, and attorney fees for drafting and filing the petition add to that. Budget for this step when you enter PTI so you are not caught off guard at the end.
If You Are Not a U.S. Citizen
PTI needs an extra layer of analysis if your status could be affected. Under USCIS policy, a pretrial diversion or intervention program where no admission or finding of guilt is required generally does not count as a “conviction” for immigration purposes.4USCIS. USCIS Policy Manual Volume 12, Part F, Chapter 2 – Adjudicative Factors But USCIS defines a conviction to include situations where a person admits sufficient facts to warrant a finding of guilt and a judge imposes any restraint on liberty. If your PTI agreement involves language that could be characterized as a guilty plea or a factual admission entered before a judge, an immigration officer might treat it differently than a standard dismissal. The personal statement in your application also creates a written account of the incident. Consult an immigration attorney before entering any diversion program.
Background Checks Between Dismissal and Expunction
Between the dismissal and the expunction order, your arrest record stays in public databases. Employers may see the arrest and the original charge even though no conviction exists. If an application only asks about convictions, a PTI dismissal does not need to be disclosed. If the question covers arrests or charges, you may be obligated to disclose until the expunction is final.
After expunction, records disappear from government and court databases. The order does not reach news articles, social media posts, or other unofficial sources. For standard employment background checks, expunction effectively makes the record disappear. For security clearances or certain professional licenses, the inquiry may go deeper.