A Clean Slate in Texas: Expert Expungement and Record Sealing for Your Fresh Start

A past arrest or criminal charge can feel like a shadow that follows you everywhere. It can silently close doors to job opportunities, deny you housing, and hinder your ability to secure professional licenses or loans. In Texas, a past mistake does not have to define your future. At Barton & Associates, Attorneys at Law, our dedicated San Antonio expungement attorneys are here to help you navigate the legal pathways to clear or seal your criminal record. We provide aggressive, knowledgeable representation to secure your right to a true second chance and protect your reputation for years to come.

The process of expungement and record sealing is governed by complex Texas statutes with strict eligibility requirements. A single procedural error can result in a denial, wasting valuable time and money. Our seasoned legal team possesses a deep understanding of the Texas Code of Criminal Procedure and Government Code chapters that govern these remedies. We meticulously analyze your unique history to determine the best legal strategy—whether that is a full expunction or an order of nondisclosure—and we fight tirelessly to see it through to a successful conclusion in Bexar County courts.

Understanding Your Legal Options: Expunction vs. Nondisclosure

Texas law provides two primary mechanisms for managing your criminal record, each with distinct legal effects and eligibility criteria. Understanding the critical difference is the first step toward your fresh start.

Expunction (Expungement): The Complete Erasure

An expunction is the most powerful form of record relief. When a court grants an expunction, it orders all law enforcement agencies, courts, and other governmental bodies to destroy or return their records concerning your arrest and case. Once expunged, the event is treated as if it never legally occurred. You are entitled to deny the arrest or charge under oath, and it should not appear on standard public or private background checks. However, eligibility is very limited. Generally, you may qualify for an expunction if:

• You were arrested but never formally charged.
• The charges against you were dismissed or you were acquitted at trial.
• You received a pardon.
• You successfully completed a pretrial diversion program.
• Crucially, with rare exceptions, you cannot expunge a final conviction where you served jail or prison time. For certain Class C misdemeanors resolved through deferred adjudication, expunction may be possible after a waiting period.

Order of Nondisclosure: Sealing Your Record

For many individuals who are not eligible for expunction, an order of nondisclosure offers vital protection. Often called “sealing,” this legal order requires government agencies to “close” your record and prohibits them from disclosing it to the general public. While the record still exists and is accessible to certain criminal justice and licensing agencies, it is hidden from potential employers, landlords, and the public. This is a common remedy for individuals who have successfully completed deferred adjudication probation, a form of community supervision that results in a dismissal without a final conviction. With a nondisclosure order in place, you are generally not required to disclose the sealed offense on job or housing applications.

The High Stakes Consequences of an Unsealed Record

Leaving an eligible arrest or charge on your public record can have profound and lasting consequences that extend far beyond the courtroom. In our digital age, background checks are a standard part of the hiring, leasing, and lending processes. A visible record can lead to:

• Employment Barriers: Many employers conduct criminal history checks and may automatically reject applicants with a record, regardless of the circumstances or how long ago it occurred.
• Housing Denials: Landlords and property management companies routinely screen tenants, and a criminal record is a common reason for application denial.
• Professional Licensing Hurdles: Careers in healthcare, law, education, finance, and real estate require state licenses that can be denied or revoked based on a criminal history.
• Financial and Personal Impacts: It can affect your ability to secure loans, obtain certain insurance policies, and even impact child custody or adoption proceedings.

Navigating the Complex Path to a Clean Record

The process for expungement or nondisclosure is a formal legal proceeding, not simple paperwork. It demands precision and legal expertise. Our attorneys at Barton & Associates manage every complex step for you:

• Comprehensive Case Evaluation: We start by obtaining your complete criminal history and conducting a detailed analysis against the current Texas statutes. We determine not just if you are eligible, but which remedy provides the optimal outcome for your goals.
• Navigating Strict Deadlines and Waiting Periods: Texas law imposes mandatory waiting periods before you can even file a petition. These vary significantly—from 180 days for a Class C misdemeanor arrest to three years for a felony arrest without charges, and from two to five years for many nondisclosure petitions. We ensure all timing requirements are met to avoid unnecessary delays or denial.
• Preparing and Filing the Petition: The petition must be meticulously drafted, citing the correct legal statutes and containing all required details. It must be filed in the specific county where the arrest occurred (e.g., Bexar County) and served on all relevant parties, including the District Attorney.
• Representation at Hearing: In many cases, a court hearing is required. Our experienced advocates will present your case before the judge, argue why the petition should be granted, and address any objections from the prosecutor.
• Ensuring Full Compliance: After a favorable order is signed by the judge, our work continues. We ensure the order is properly distributed to every agency that holds your records, including the Texas Department of Public Safety (DPS), the FBI (for expunctions), and local law enforcement, to guarantee full compliance.

Why Trust Barton & Associates with Your Fresh Start

Choosing the right legal team is the most important decision you will make in this process. At Barton & Associates, we bring a powerful combination of legal skill and dedicated client advocacy to every record relief case.

• Deep Local Knowledge: Our attorneys have extensive experience in San Antonio and Bexar County courts. We understand the preferences of local judges, the procedures of the district clerk’s office, and how to navigate the system efficiently for the best results.
• Former Prosecutorial Insight: Our team includes attorneys with experience on the prosecution side. This gives us invaluable perspective on how the state may respond to a petition, allowing us to build the strongest possible case from the outset.
• A Reputation for Rigorous Preparation: We treat every petition with the seriousness it deserves. Our thorough investigation and meticulous preparation are designed to prevent errors that could derail your chance for a clean slate.
• Compassionate, Clear Communication: We understand the anxiety and hope tied to clearing your record. We guide you through each step with clarity, honesty, and respect, ensuring you are informed and confident in the process.

Take the First Step Toward Your Future Today

Do not let your past hold your future hostage. The laws surrounding expungement and nondisclosure are detailed and ever-evolving. A qualified attorney can help you understand your rights, avoid critical mistakes, and secure the fresh start you deserve.

Contact Barton & Associates today for a confidential, free consultation to evaluate your eligibility. Call our San Antonio office at 210-500-0000. During your consultation, we will review your history, explain your legal options, and outline a clear path forward. Your journey to a clean record and a brighter future starts with one call.

Main Category: Criminal Defense
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000