In Austin, clearing your criminal record through expunction or nondisclosure can remove or seal eligible arrest and court records, helping keep past charges off routine background checks and protecting your employment, housing, education, and licensing opportunities.
An arrest doesn't disappear just because your criminal case is resolved. Even if the charges were dismissed, the arrest may remain on your criminal record.
Texas offers two ways to address this problem. Expunction requires the destruction or removal of qualifying records, while an order of nondisclosure restricts who can access them. Both can help protect your future from the consequences of a criminal record, but your eligibility depends largely on how your case ended.
Austin Expunction Attorney
Michael & Associates Criminal Defense Attorneys helps Austin residents determine whether they qualify to expunge or seal criminal records. Our attorneys review how your case was resolved, identify potential eligibility issues, and guide you through the court process.
We represent clients throughout Travis County and surrounding communities, including Round Rock, Pflugerville, Cedar Park, Lakeway, and West Lake Hills. Contact us for a free case review to discuss your eligibility for expunction or nondisclosure.
Can You Clear Your Criminal Record in Austin?
Possibly. Texas allows certain criminal records to be expunged or sealed. Expunction may be available after an acquittal, qualifying dismissal, or other eligible disposition. People who successfully complete deferred adjudication may qualify for an order of nondisclosure instead.
There are key differences between an expunction and an order of nondisclosure:
|
Expunction |
Order of nondisclosure |
|
Requires agencies to destroy or return qualifying records |
Restricts public access to qualifying records |
|
Generally allows you to deny the arrest occurred |
Allows you to deny the sealed information in most circumstances |
|
Often available after acquittals and certain dismissals |
Often available after qualifying deferred adjudication |
|
Subject to strict statutory eligibility requirements |
Eligibility depends on the offense, case outcome, and other statutory requirements |
An expunction offers broader protection because it removes qualifying records rather than restricting who can see them.
Who Qualifies for Expunction in Texas?
Under Chapter 55A of the Texas Code of Criminal Procedure, expunction may be available in circumstances in which:
- You were arrested but never formally charged (subject to statutory requirements)
- Your criminal charges were dismissed under qualifying circumstances
- You were acquitted at trial
- You successfully completed a qualified pretrial diversion program
- You completed deferred disposition for an eligible Class C misdemeanor
- You were pardoned or received other qualifying post-conviction relief
- Someone else was arrested using your identity
Not every dismissal qualifies for expunction. Eligibility may depend on the reason for dismissal, the applicable statute of limitations, and whether other charges arose from the same arrest.
For example, if prosecutors dismissed a misdemeanor assault charge because the evidence was insufficient, you may qualify for expunction. However, your attorney must review the case history before determining whether the arrest record can be cleared.
What Criminal Charges Can Be Expunged in Texas?
Texas law allows expungement of many criminal charges, including misdemeanors and serious felonies. Eligibility depends mainly on how the case was resolved, though the offense and the circumstances of the arrest can also affect whether records qualify.
Charges that may qualify for expunction include:
- DWI: First-time, repeat, and felony DWI charges.
- Drug offenses: Possession of marijuana, THC, cocaine, methamphetamine, and other controlled substances.
- Assault and domestic violence: Simple assault, family violence assault, and aggravated assault.
- Theft offenses: Shoplifting, misdemeanor theft, felony theft, and robbery.
- Weapons offenses: Unlawful carrying of a weapon and other firearm-related charges.
- Other misdemeanors: Criminal trespass, disorderly conduct, public intoxication, and resisting arrest.
- Serious felonies: Aggravated robbery, sexual assault, and even murder charges.
Eligibility to have these charges expunged isn’t automatic. You must meet the established eligibility requirements. Even serious felony charges may qualify for expunction if the case ended in an eligible disposition, such as an acquittal or qualifying dismissal.
For example, someone whose felony drug possession charge was dismissed may qualify for expunction, while someone convicted of misdemeanor drug possession generally will not.
Multiple charges arising from the same arrest can also complicate eligibility. An Austin criminal defense attorney can review the complete case history to determine whether the arrest record qualifies for expunction.
How Does Expunction Work in Travis County?
Expunction typically involves filing a civil petition requesting the removal of records associated with a qualifying arrest.
In general, the process will include:
- Reviewing your case: Your attorney examines the arrest, charges, final disposition, and applicable waiting periods.
- Filing the petition: The petition identifies the arrest and the agencies holding relevant records.
- Court review: The court determines whether you meet the statutory requirements. A hearing may be necessary.
- Issuing the order: If expunction is granted, the agencies covered by the order must comply with its requirements.
An expunction can address records maintained by law enforcement agencies, courts, prosecutors, and other entities identified in the order.
Private background-check databases may take additional time to update, even after an expunction is granted.
Can You Seal Your Criminal Record in Texas?
If you don't qualify for expunction, you may have another option: an order of nondisclosure.
Nondisclosure restricts public access to certain criminal history information. It can be particularly useful for people who successfully completed deferred adjudication but cannot have their records expunged. Nondisclosure laws are addressed in Government Code Chapter 411, Subchapter E-1.
For example, someone who completed deferred adjudication for a qualifying drug possession charge may be eligible to have the case sealed after completing the applicable requirements.
However, sealing a record doesn't destroy it. Law enforcement, certain government agencies, and authorized licensing entities may still access the information.
How Long Must You Wait for Expunction or Nondisclosure in Texas?
For qualifying arrests where no indictment or information was presented, Texas Code of Criminal Procedure Article 55A.052 establishes these waiting periods:
|
Arrest classification |
Waiting period |
|
Class C misdemeanor |
180 days |
|
Class A or B misdemeanor |
1 year |
|
Felony |
3 years |
These periods have statutory conditions and exceptions, including circumstances involving other felony charges or prosecutorial certification that records are no longer needed. They are not universal waiting periods for every expungement.
Nondisclosure
No single waiting period applies to nondisclosure. The clock generally starts when deferred adjudication is discharged and dismissed or when a qualifying sentence is completed, not on the arrest date.
Some eligible nonviolent misdemeanor deferred adjudication cases qualify for automatic nondisclosure under Texas Government Code Section 411.072, generally at discharge and dismissal, provided at least 180 days have passed since deferred adjudication began. Other types of cases have different rules.
For other eligible deferred adjudication cases, nondisclosure may be available immediately after discharge and dismissal, two years later for certain misdemeanors, or five years later for qualifying felonies. Some DWI cases have separate waiting periods and eligibility requirements.
Some offenses are ineligible for nondisclosure, regardless of how much time has passed.
An Austin criminal defense attorney can review your disposition and determine whether you can apply now or must wait.
What Are the Benefits of Expunction or Nondisclosure?
Clearing or sealing an eligible criminal record can make a meaningful difference when applying for:
- Employment: Reduce the likelihood that a past arrest will appear on a routine background check.
- Housing: Limit the criminal history information available to prospective landlords.
- Education: Protect your opportunities when applying to colleges and educational programs.
- Professional licenses: Address potential licensing barriers, although some agencies retain access to sealed records.
Travis County Expunction Case Examples
James Fletcher, Michael & Associates’ managing partner in Austin, has handled expunction matters in Travis County, including the following cases in which clients successfully had their records expunged.
DWI expunction in Travis County
- Court: 450th District Court
- Duration: Approximately 6 months
- Outcome: Record expunged
Assault expunction in Travis County
- Court: 403rd District Court
- Duration: Approximately 7 months
- Outcome: Record expunged
Note: These timelines reflect individual cases. The time required to obtain an expunction depends on the court, the agencies involved, and the circumstances of the arrest.
Resources
- The Texas State Law Library offers an online Expunctions & Nondisclosure Orders Guide breaking down Texas Code of Criminal Procedure Chapter 55A (expunctions) and Texas Government Code Chapter 411 (nondisclosures).
- Texas Fresh Start Guide: This app will assess your eligibility for record sealing through expunction or an order of nondisclosure.
- Travis County Courts: Provides information on the county’s courts system, including dockets, locations, forms, and other useful information.
Talk to an Austin Criminal Defense Attorney About Clearing Your Record
If you have an old arrest or dismissed criminal charge on your record, Michael & Associates can review your case and explain whether you qualify for expunction or nondisclosure. Contact our Austin attorneys for a free case review.
We represent clients in Travis, Williamson, Hays, Bastrop, and Caldwell counties. Michael & Associates was also recognized as "Best Law Firm" in the 2026 Best of ATX Awards, a readers' choice competition voted on by readers of the Austin American-Statesman and Austin Monthly.
