A Fresh Start: Expungement & Sealing in Austin, Texas

An arrest or criminal charge can haunt you for years—even if you were never convicted, even if the charges were dismissed, even if you were innocent. Criminal records appear on background checks for employment, housing, professional licensing, and education. They can cost you job opportunities, housing, and professional advancement. But Texas law provides a path to clear your record. Through expungement and sealing, you can remove arrests and charges from public view and regain control of your future.

At Barton & Associates, Attorneys at Law, we help clients throughout Austin and Central Texas navigate the expungement and sealing process. 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 criminal defense and post-conviction relief. We understand that a mistake—or even an unfounded accusation—should not define your life. We are committed to helping you clear your record and move forward.

Whether you were arrested but never charged, had charges dismissed, completed deferred adjudication, or were wrongfully accused, we provide the strategic guidance you need to determine whether expungement or sealing is available and to navigate the legal process.

Understanding Expungement and Sealing in Texas

Expungement and sealing are two distinct legal remedies that remove criminal records from public access. While they serve similar purposes, they apply to different situations and have different legal effects.

Expungement (Expunction):

Expungement completely removes an arrest or charge from your record. After expungement, the record is destroyed or returned to you, and you can legally deny that the arrest or charge ever occurred. Expungement is available for:

• Arrests that did not result in charges

• Charges that were dismissed

• Acquittals (not guilty verdicts)

• Convictions that were pardoned

• Certain completed deferred adjudications

Sealing (Non-Disclosure):

Sealing—formally known as an order of non-disclosure—restricts public access to criminal records but does not destroy them. Law enforcement and certain government agencies can still access sealed records. Sealing is available for:

• Certain completed deferred adjudications

• Certain misdemeanor and felony convictions (in limited circumstances)

• Dismissed charges that do not qualify for expungement

The Difference Matters:

Expungement is the more complete remedy—it removes the record entirely. Sealing hides the record from public view but does not destroy it. Which remedy is available depends on the outcome of your case and the nature of the offense.

For families in Austin, understanding the difference between expungement and sealing is the first step toward clearing your record.

What Is the Difference Between Expungement and Sealing in Texas?

Expungement and sealing serve similar purposes but have important differences. Choosing the right remedy depends on your specific circumstances.

Expungement (Expunction):

• Effect: Records are destroyed or returned to you. It is as if the arrest or charge never occurred.

• Eligibility: Arrests without charges, dismissed charges, acquittals, pardons, and certain deferred adjudications.

• Availability: Generally available for any offense that did not result in a conviction.

• Denial: You can legally deny that the arrest or charge ever occurred.

• Access: No one can access the records—not employers, landlords, or the general public.

Sealing (Order of Non-Disclosure):

• Effect: Records are sealed from public access but not destroyed.

• Eligibility: Certain completed deferred adjudications; limited convictions (some misdemeanors and non-violent felonies).

• Availability: Not available for offenses requiring registration as a sex offender, certain family violence offenses, or certain other violent offenses.

• Denial: You can deny the arrest or charge in most situations, but certain entities (government, law enforcement) may still have access.

• Access: Employers, landlords, and the general public cannot access sealed records. Law enforcement and some government agencies can.

Which Is Right for You?

• If you were arrested but never charged, or if your charges were dismissed, expungement is likely available.

• If you completed deferred adjudication, sealing may be available (and expungement may be available for certain low-level offenses after a waiting period).

• If you have a conviction, sealing may be available in limited circumstances; expungement is not available.

For families in Austin, working with an experienced attorney is essential to determining which remedy applies to your situation.

Who Is Eligible for Expungement in Texas?

Eligibility for expungement depends on the outcome of your case. Texas law provides specific criteria for expungement.

Eligible for Expungement:

• Arrests Without Charges: If you were arrested but never formally charged, you are eligible for expungement regardless of the offense. There is no waiting period.

• Dismissed Charges: If charges were filed but later dismissed, you are eligible for expungement. There is no waiting period for most dismissals.

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

• Pardon: If you received a full pardon from the governor, you are eligible for expungement.

• Certain Deferred Adjudications: If you successfully completed deferred adjudication for certain low-level offenses (Class C misdemeanors) or for offenses where expungement is specifically authorized by statute.

• Wrongful Arrest: If you were arrested but never charged, or if the arrest was based on mistaken identity, you are eligible for expungement.

Not Eligible for Expungement:

• Convictions (unless pardoned)

• Deferred adjudications for most felonies and serious misdemeanors

• Cases where the statute of limitations has not expired (if charges were not filed)

Waiting Periods:

For most expungements, there is no waiting period. However, for certain deferred adjudications, there may be a waiting period before expungement is available.

For families in Austin, determining eligibility requires careful analysis of your case history.

Eligibility for Sealing (Non-Disclosure)

Sealing—order of non-disclosure—is available for certain completed deferred adjudications and, in limited circumstances, for some convictions.

Eligible for Sealing:

• Deferred Adjudication: If you successfully completed deferred adjudication for a misdemeanor (other than certain family violence offenses), you may be eligible for sealing after a waiting period (2 years for most misdemeanors; 5 years for certain offenses).

• Certain Felony Deferred Adjudications: Some felony deferred adjudications may be eligible for sealing after a waiting period, depending on the offense.

• Certain Convictions: Under recent Texas law, some convictions (particularly low-level, non-violent offenses) may be eligible for sealing after a waiting period.

Not Eligible for Sealing:

• Sex Offenses: Any offense requiring registration as a sex offender is not eligible for sealing.

• Family Violence: Certain family violence offenses are not eligible for sealing.

• Violent Offenses: Certain violent offenses are not eligible for sealing.

• Offenses Against Children: Certain offenses involving children are not eligible for sealing.

Waiting Periods:

• Misdemeanor Deferred Adjudication: 2 years after completion

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

• Certain Convictions: 5 years or more after completion, depending on the offense

For families in Austin, understanding eligibility for sealing is essential to determining whether your record can be cleared.

The Expungement Process

The expungement process involves several steps. While the process can be complex, an experienced attorney can guide you through it.

Step 1: Determine Eligibility

The first step is determining whether you are eligible for expungement. Your attorney will review your case history, including arrest records, charging documents, and final dispositions.

Step 2: Gather Documentation

Gather all documentation related to your case, including:

• Arrest records

• Court records showing the final disposition (dismissal, acquittal, etc.)

• Identification documents (driver’s license, etc.)

Step 3: File the Petition

File a petition for expungement with the district court in the county where the arrest occurred. In Travis County, this is typically the district court. The petition must identify the agencies that have records related to the arrest.

Step 4: Serve the Petition

The petition must be served on the relevant agencies—law enforcement, prosecutor’s office, and others—giving them notice of the expungement request.

Step 5: Hearing

If no agency objects, the court may grant the expungement without a hearing. If there is an objection, a hearing is held where evidence is presented.

Step 6: Expungement Order

If the court grants the expungement, it issues an order directing all agencies to destroy or return records related to the arrest.

Step 7: Follow Up

After the order is issued, follow up with agencies to ensure compliance. Your attorney can help ensure that records are properly expunged.

For families in Austin, the expungement process typically takes several months, depending on the complexity of the case and the responsiveness of agencies.

The Sealing (Non-Disclosure) Process

The sealing process is similar to expungement but with important differences.

Step 1: Determine Eligibility

Determine whether you are eligible for sealing based on the nature of the offense, the disposition, and any waiting periods.

Step 2: File the Petition

File a petition for non-disclosure with the district court in the county where the case was handled. The petition must include information about the case and demonstrate eligibility.

Step 3: Notice

The prosecutor’s office is entitled to notice of the petition.

Step 4: Hearing

The court will review the petition. If there is no objection, the court may grant the order without a hearing. If there is an objection, a hearing is held.

Step 5: Non-Disclosure Order

If the court grants the petition, it issues an order of non-disclosure, directing that the records be sealed from public access.

Step 6: Notification

The order is sent to the Department of Public Safety (DPS) and other agencies, which then restrict access to the records.

For families in Austin, the sealing process is generally faster than expungement, as fewer agencies are typically involved.

How Long Does Expungement Take in Texas?

The timeline for expungement varies depending on the complexity of the case and the responsiveness of agencies.

Typical Timeline:

• Uncontested Cases: 3-6 months from filing to order

• Contested Cases: 6-12 months or longer, depending on court schedule and complexity

Factors Affecting Timeline:

• Number of Agencies: More agencies involved means more time to serve notices and receive responses.

• Objections: If an agency objects, a hearing is required, which adds time.

• Court Docket: The court’s schedule affects how quickly a hearing can be held.

• Completeness of Records: Incomplete or missing records can cause delays.

Why Prompt Action Matters:

The sooner you file, the sooner your record can be cleared. If you are eligible for expungement or sealing, it is best to act promptly.

For families in Austin, working with an experienced attorney can help streamline the process and minimize delays.

The Impact of Clearing Your Record

Expungement and sealing can have a profound impact on your life. Clearing your record opens doors that may have been closed.

Employment:

• Employers cannot see expunged or sealed records

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

• Professional licensing boards cannot consider expunged records

Housing:

• Landlords cannot see expunged or sealed records

• You are not required to disclose expunged arrests

Education:

• Schools cannot see expunged or sealed records

• Financial aid eligibility may be restored

Civil Rights:

• While expungement does not restore firearm rights automatically, it removes the record that may have affected those rights

Peace of Mind:

• Freedom from the stigma of a criminal 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 & Sealing 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 expungement and sealing. Here are the answers to the most common inquiries we receive.

Can I get my record expunged if I was convicted?

Generally, no. Expungement is not available for convictions. However, you may be eligible for sealing (non-disclosure) for certain convictions, particularly low-level, non-violent offenses.

What is the waiting period for sealing a deferred adjudication?

For misdemeanor deferred adjudications, the waiting period is 2 years after successful completion. For felony deferred adjudications, the waiting period is 5 years for eligible offenses.

Can I get my record expunged if I was arrested but never charged?

Yes. If you were arrested but never formally charged, you are eligible for expungement regardless of the offense. There is no waiting period.

Do I need an attorney for expungement or sealing?

While it is possible to file for expungement or sealing without an attorney, the process is complex. Mistakes in the petition can result in denial. An experienced attorney can ensure that the petition is properly drafted, served, and litigated.

How much does expungement cost?

The cost varies depending on the complexity of the case and whether the petition is contested. Our attorneys provide transparent information about fees and work with clients to make the process affordable.

Will expungement restore my right to own a firearm?

Expungement does not automatically restore firearm rights. However, if the underlying offense was eligible for expungement, the record of that offense is removed, which may affect eligibility for firearm rights.

Can employers see expunged or sealed records?

No. Expunged and sealed records are not accessible to employers, landlords, or the general public. You can legally deny the existence of expunged arrests or charges.

Why Barton & Associates for Expungement & Sealing in Austin

Expungement and sealing require attorneys who understand the complex eligibility requirements, the procedural rules, and the strategies for overcoming objections. The attorneys at Barton & Associates bring decades of experience to post-conviction relief, helping clients clear their records and move forward with their lives.

We are deeply rooted in the Austin legal community. We have handled expungement and sealing cases in Travis County district courts for decades and understand the local procedures, the prosecutors, and the agencies involved. 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 an arrest or charge on your record, you do not have to let it define your future. Expungement and sealing can clear your record and restore your opportunities. At Barton & Associates, we are here to help you navigate the process and achieve a fresh start.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced attorney about expungement and sealing. 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
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)