A Second Chance: Expungement & Nondisclosure for Drug Offenses in Austin, Texas

A drug charge from years ago. A youthful mistake. A dismissed case. A deferred adjudication you completed successfully. Yet the record follows you—appearing on background checks, costing you jobs, apartments, and opportunities. In Texas, a drug offense can haunt you for years, even if you were never convicted. But the law provides a path forward. Expungement and nondisclosure can clear your record, allowing you to move forward without the weight of the past holding you back.

At Barton & Associates, Attorneys at Law, we help clients throughout Austin and Central Texas expunge and seal drug offenses from their records. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to post-conviction relief. We understand that a mistake should not define your life—and that clearing your record can open doors to employment, housing, and a brighter future.

Whether you have a dismissed drug charge, a deferred adjudication, or even a conviction that may be eligible for sealing, we provide the strategic guidance you need to clear your record and move forward.

Understanding Expungement and Nondisclosure for Drug Offenses

Expungement and nondisclosure are two distinct legal remedies that remove criminal records from public access. Understanding which remedy applies to your drug offense is essential.

Expungement (Expunction):

• Effect: Destroys the record entirely. It is as if the arrest never happened.

• Eligibility: Dismissed charges, arrests without charges, acquittals, and certain deferred adjudications (Class C misdemeanors).

• Result: You can legally deny the arrest ever occurred.

Nondisclosure (Order of Non-Disclosure):

• Effect: Seals the record from public view but does not destroy it.

• Eligibility: Successful completion of deferred adjudication for most drug offenses (after waiting periods).

• Result: Employers, landlords, and the general public cannot see the record. You can deny the arrest in most circumstances.

Why It Matters:

A drug offense on your record can affect:

• Employment (many employers will not hire individuals with drug convictions)

• Housing (landlords may deny rental applications)

• Professional licensing (licensing boards may deny or revoke licenses)

• Financial aid (drug convictions can make you ineligible for federal student aid)

For families in Austin, clearing your record is the key to a fresh start.

Can You Expunge a Drug Charge in Texas?

Yes, in many cases. Expungement is available for drug charges that did not result in a conviction.

Eligible for Expungement:

• Dismissed Charges: If your drug charge was dismissed, you are eligible for expungement. No waiting period.

• Arrests Without Charges: If you were arrested but never charged, you are eligible for expungement after the statute of limitations has expired.

• Acquittal: If you were found not guilty, you are eligible for expungement immediately.

• Class C Misdemeanor Deferred Adjudication: Some low-level drug offenses (paraphernalia) may be eligible for expungement.

Not Eligible for Expungement:

• Convictions (unless pardoned)

• Deferred adjudications for most drug offenses (misdemeanor and felony)

• Cases where the statute of limitations has not expired (for arrests without charges)

The Process:

Expungement requires filing a petition with the district court. The court will order all agencies to destroy records related to the arrest.

For families in Austin, expungement is the most complete form of record clearance.

Can You Seal a Drug Conviction in Texas?

In some cases, yes. Nondisclosure (sealing) is available for certain drug offenses, particularly those resolved through deferred adjudication.

Eligible for Nondisclosure:

• Misdemeanor Deferred Adjudication: Most misdemeanor drug deferred adjudications are eligible for nondisclosure after a waiting period.

• Felony Deferred Adjudication: Some felony drug deferred adjudications may be eligible after a waiting period (typically 5 years).

• Certain Convictions: Under recent Texas law, some low-level drug convictions may be eligible for nondisclosure.

Not Eligible for Nondisclosure:

• Deferred adjudication for certain serious drug offenses

• Convictions for certain drug offenses

• Offenses that required registration as a sex offender

Waiting Periods:

• Misdemeanor Deferred Adjudication: 2 years after completion

• Felony Deferred Adjudication: 5 years after completion (for eligible offenses)

• Convictions: Varies; some require 5 years or more

The Process:

Nondisclosure requires filing a petition with the district court. The court will order that the records be sealed from public access.

For families in Austin, nondisclosure can remove the barrier of a drug record.

Deferred Adjudication and Drug Offenses

Deferred adjudication is the most common path to clearing a drug record. If you successfully completed deferred adjudication, you are likely eligible for nondisclosure.

How Deferred Adjudication Works:

• You pleaded guilty or no contest

• The court deferred a finding of guilt

• You completed probation (drug testing, treatment, community service, fines)

• The case was dismissed

Eligibility for Nondisclosure:

• Misdemeanor: 2 years after completion

• Felony: 5 years after completion (for eligible offenses)

What You Need:

• Documentation of successful completion of probation

• Documentation that all fines and fees were paid

• No pending charges

Benefits of Nondisclosure:

• Employers cannot see the record

• Landlords cannot see the record

• You can answer “no” to most questions about arrests or convictions

For families in Austin, deferred adjudication can lead to a clean record.

Dismissed Drug Charges

If your drug charge was dismissed, you are eligible for expungement. There is no waiting period.

Why Expunge a Dismissed Charge?

Even though the charge was dismissed, the arrest still appears on background checks. Expungement removes the arrest entirely.

What You Need:

• Documentation showing the charge was dismissed

• No pending charges

• The statute of limitations has expired (for arrests without charges)

The Process:

• File a petition for expungement

• Serve notice on agencies

• Obtain an expungement order

• Follow up to ensure compliance

For families in Austin, expunging a dismissed drug charge is essential to clearing your record.

Drug Offenses That Cannot Be Sealed

Not all drug offenses are eligible for nondisclosure. Understanding which offenses cannot be sealed is important.

Offenses That Cannot Be Sealed:

• Deferred Adjudication for Certain Serious Drug Offenses: Some drug offenses, particularly those involving large quantities or manufacturing, are not eligible for nondisclosure.

• Convictions: Many drug convictions cannot be sealed. However, recent changes in the law have made some low-level convictions eligible.

• Federal Drug Offenses: Nondisclosure is a state remedy. Federal drug convictions cannot be sealed under state law.

If Your Offense Cannot Be Sealed:

• Pardon: In some cases, a pardon may restore your rights

• Federal Expungement: Federal law does not provide for expungement of convictions, but some non-conviction records may be expunged

• Record Correction: If the record is inaccurate, you may be able to correct it

For families in Austin, understanding whether your offense can be sealed is essential.

The Impact of Clearing Your Drug Record

Clearing your drug record can have a profound impact on your life.

Employment:

• Employers cannot see expunged or sealed records

• You can answer “no” to questions about arrests or convictions

• Professional licensing boards cannot consider expunged or sealed records (in most cases)

Housing:

• Landlords cannot see expunged or sealed records

• You are not required to disclose expunged arrests

Education:

• Colleges and universities cannot see expunged or sealed records

• Financial aid eligibility may be restored (for drug convictions, you may need to complete a rehabilitation program)

Peace of Mind:

• Freedom from the stigma of a drug record

• Ability to move forward without the past holding you back

For families in Austin, clearing your record is an investment in your future.

Frequently Asked Questions About Expungement & Nondisclosure for Drug Offenses in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about clearing drug records. Here are the answers to the most common inquiries we receive.

Can I expunge a dismissed drug charge?

Yes. If your drug charge was dismissed, you are eligible for expungement. There is no waiting period.

Can I seal a drug deferred adjudication?

Yes. Most misdemeanor drug deferred adjudications are eligible for nondisclosure after 2 years. Some felony deferred adjudications are eligible after 5 years.

Can I seal a drug conviction?

In some cases, yes. Recent changes in Texas law have made some low-level drug convictions eligible for nondisclosure. Eligibility depends on the offense and the waiting period.

What is the waiting period for nondisclosure?

For misdemeanor deferred adjudication: 2 years. For felony deferred adjudication: 5 years. For convictions: varies.

How long does expungement take?

Uncontested expungement typically takes 3-6 months. Contested cases may take longer.

How much does expungement cost?

The cost varies depending on the complexity of the case and whether agencies object. Our attorneys provide transparent information about fees.

Do I need an attorney for expungement or nondisclosure?

Yes. The process is complex, and errors can result in denial. An experienced attorney can ensure that the petition is properly drafted and filed.

Why Barton & Associates for Expungement & Nondisclosure in Austin

Expungement and nondisclosure require attorneys who understand the complex eligibility rules, the waiting periods, and the strategies for achieving the best outcome. The attorneys at Barton & Associates bring decades of experience to post-conviction relief, helping clients clear their drug records and move forward.

We are deeply rooted in the Austin legal community. We have handled expungement and nondisclosure cases in Travis County courts for decades and understand the local procedures, the prosecutors, and the court personnel. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward a Fresh Start

If you have a drug offense on your record, you do not have to let it define your future. Expungement and nondisclosure can clear your record and open doors to employment, housing, and a brighter tomorrow. At Barton & Associates, we are here to help you navigate the process and achieve the fresh start you deserve.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced attorney about expungement and nondisclosure for drug offenses. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you clear your record and move forward with confidence.

Main Category: Criminal Defense Austin
Practice Area Category: Drug Crimes
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)