Abstract view of Texas legal document with warm amber light representing record expunction proceedings

Expunction & Record Sealing · Austin TX

Expunction & Record Sealing Attorney in Austin, Texas

A prior arrest or charge on your record affects employment, housing, and licensing — even when you were never convicted. Texas offers two paths to relief: expunction (complete record destruction) and nondisclosure orders (record sealing). Eligibility is specific and the process is technical.

Get a Free Case Review

Many people with arrest records in Texas don't realize they may be eligible to clear or seal those records. Eligibility for expunction and nondisclosure is determined by what happened in your case — not simply by whether you're a good person now. The legal standards are precise, the process requires court filings, and mistakes can delay or bar relief entirely.

Expunction under Texas Code of Criminal Procedure Chapter 55 destroys your arrest records. Law enforcement agencies, courts, and prosecutors must return or destroy all records related to the arrest. After expunction, you are generally permitted to deny the arrest under oath in most circumstances. Expunction is available when your charge was dismissed, when you were acquitted at trial, when you were arrested but no charges were ever filed and the statute of limitations has run, or when you received a full pardon.

Nondisclosure orders under Texas Government Code Chapter 411 seal your records from most public access — they remain in existence but are hidden from background check companies, private employers, and most public agencies. You cannot deny the arrest to certain entities (criminal justice agencies, licensing boards for certain professions, some government employers) but can deny it to private employers and most non-criminal background checkers. Nondisclosure is available after successful completion of deferred adjudication for most non-violent, non-domestic offenses.

The waiting periods for nondisclosure eligibility depend on the offense. Misdemeanors completed through deferred adjudication are often eligible immediately. Felonies require a two-year waiting period after completing community supervision. Certain offenses — including violent crimes, sex offenses, and assault family violence — are not eligible for nondisclosure at all.

One common mistake is filing for expunction too early — before the waiting period required under the statute expires. This can result in the petition being denied and, in some cases, can reset the waiting period. An attorney checks eligibility before filing and ensures the petition is filed at the right time with the right documentation.

We connect Austin residents seeking record clearing with attorneys who handle expunction and nondisclosure petitions in Travis County. These are technical legal proceedings that require a petition to the court, service on all relevant agencies, and sometimes a hearing. The outcome can meaningfully change your employment and licensing options.

What You Need to Know

Key Facts About This Case Type

Expunction destroys records; nondisclosure seals them

These are two different remedies with different eligibility requirements. Expunction is available for dismissals and acquittals. Nondisclosure is available after successful deferred adjudication for eligible offenses.

Convictions generally cannot be expunged

If you were convicted — even of a misdemeanor — expunction is not available in Texas. Nondisclosure may be available in limited circumstances for probated sentences that were not deferred adjudication.

Waiting periods apply

Nondisclosure eligibility often requires a waiting period after completing deferred adjudication — two years for felonies, immediate or short wait for most misdemeanors. Filing too early results in denial.

Some offenses are never eligible

Assault family violence, most sex offenses, capital felonies, and certain violent crimes are permanently ineligible for nondisclosure in Texas regardless of how the case resolved.

Common Questions

Frequently Asked Questions

In Texas, you may qualify for expunction if your charge was dismissed, you were acquitted at trial, you were arrested but not charged within the statute of limitations, or you received a pardon. Convictions generally cannot be expunged in Texas — deferred adjudication or a conviction typically requires a different remedy (nondisclosure order), if any remedy is available.
Expunction destroys the records — the arrest is legally treated as if it never occurred, and you can truthfully deny it in most circumstances. A nondisclosure order seals the records from most public access but does not destroy them; government agencies and certain employers can still see sealed records. Expunction is available only for dismissed or acquitted charges; nondisclosure is available after successful deferred adjudication for most offenses.
An expunction petition in Travis County typically takes three to six months from filing to completion — the court must schedule a hearing (or grant the petition without one), and all relevant agencies must receive and comply with the expunction order. An attorney handles the filing, service, and follow-up to confirm compliance.

Free Case Review

Ready to Clear Your Record in Austin? Talk to an Attorney.

Time matters in these cases. Submit your information now. An attorney from our Austin network will reach out within one business day.

Get a Free Review

Tell us what happened. We'll connect you with a qualified Austin attorney — no cost, no obligation.

Please enter your name.
Please enter a valid phone number.
Please enter a valid email address.
Please select a case type.
Optional · helps the attorney prepare before they call

By submitting this form, you agree to our Terms of Use and Privacy Policy. ATX Attorneys is an attorney referral service, not a law firm. We do not provide legal advice.