TEXAS EXPUNGEMENT & NON-DISCLOSURE — WHAT'S POSSIBLE
Texas law provides two primary record relief options. Expunction (Texas Code of Criminal Procedure Chapter 55) completely destroys the arrest record — it's as if the arrest never happened. Non-disclosure (Government Code Chapter 411) seals the record from public databases, though law enforcement and certain agencies can still see it. Each has different eligibility requirements and waiting periods.
Even dismissed charges show on background checks. Many people don't realize that arrests without conviction still appear on criminal background checks and affect employment. An attorney reviews your full record and pursues every available avenue for relief — expunction, non-disclosure, or both.
Who Qualifies for Expungement in Texas?
Charges that were dismissedArrest records for charges dismissed by the DA, judge, or grand jury — eligible for expunction with no waiting period in most cases
Acquittals (not guilty verdicts)If a jury or judge found you not guilty, you are immediately eligible for expunction of that arrest
Arrests without chargesIf you were arrested but no charges were ever filed, you may be eligible for expunction
Deferred adjudication (Class C only)Class C misdemeanor deferred adjudication is eligible for expunction after completing the program
Convictions (limited)Very limited — certain Class C misdemeanor convictions and some juvenile records may qualify
Non-disclosure eligibilityDeferred adjudication for eligible felonies and misdemeanors — sealed from public view after waiting period
The Austin Expungement Process — Step by Step
1
Eligibility Review
Our attorneys review your complete criminal history to identify every record eligible for expunction or non-disclosure.
2
Petition Filing
We file the expunction petition in the Travis County District Court or County Court that handled your original case.
3
Notice to Agencies
All agencies holding your records (DPS, Austin PD, Travis County, FBI) are notified of the expunction petition.
4
Court Hearing
A hearing is scheduled — typically 30–60 days after filing. Uncontested expunctions are often granted without a hearing.
5
Order of Expunction
Once granted, agencies are ordered to destroy or return all records related to the arrest.
What a Clean Record Means for Your Life in Austin
Employment background checks — most employers cannot see expunged records
Housing applications — landlords cannot see expunged or non-disclosed records in most searches
Professional licensing — nurses, teachers, lawyers, and others can often answer "no" to conviction questions
Government benefits and financial aid — drug conviction restrictions on FAFSA often don't apply to non-convictions
Immigration consequences — expunged records have limited but important immigration benefits
Personal peace of mind — knowing your record is clean
Frequently Asked Questions
What is the difference between expungement and non-disclosure in Texas?▾
Expunction completely destroys the record — it legally never happened. Non-disclosure seals the record from public view but law enforcement and some licensing agencies can still see it. Expunction is the stronger remedy when available.
Can I expunge a conviction in Texas?▾
Generally no. Convictions cannot be expunged except in very limited circumstances (certain Class C misdemeanors). However, deferred adjudication completions may qualify for non-disclosure after waiting periods.
How long does the expungement process take in Austin?▾
Filing to final order typically takes 60–90 days in Travis County for uncontested cases. Agencies then have 180 days to destroy records. Your attorney tracks compliance.
Can I legally say "no" to arrest questions after expunction?▾
Yes. Texas law allows you to deny the expunged arrest occurred in most situations. There are limited exceptions for certain government applications — your attorney advises on when to disclose.
Does expungement clear my record from the internet?▾
Expunction requires agencies to destroy records, but third-party background check companies may retain old data. Our attorneys send demand letters to major background check services to remove expunged records.
How much does an expungement cost in Austin?▾
Attorney fees typically range from $1,000–$2,500 for a standard Travis County expungement. Court filing fees are approximately $300–$400. The long-term benefit to your employment and housing options far exceeds the cost.