Expungement Lawyer in Austin: Expunction and Record Sealing in Travis County

Most people who call about their record are not worried about the old case. They are worried about what comes next: a background check for a job, a rental application, a professional license, a loan or a school. An arrest can appear in those checks even when the case was dismissed, a grand jury declined to indict or no charge was ever filed. Texas offers two remedies, and the one you can use depends on how your case ended. Barton & Associates reviews records for people arrested in Austin and Travis County, tells them which remedy fits and prepares and files the petition.

Our Austin criminal defense attorney team handles record clearing alongside defending open cases. Below we cover the terms people use, eligibility for each remedy, waiting periods, what an order changes and how a petition moves through the Travis County courts. Treat it as general information. Whether you qualify depends on dates and outcomes in your own file, which only a review can settle. The first consultation is free.

Expungement and Sealing in Texas: What the Words Mean

Searches for expungement, expunge, record sealing and clearing a record all point at two remedies, and the Texas statutes name them differently. An expunction is what most people mean by expungement: a court order requiring every agency named in it to destroy the records of an arrest or hand them back to the court. An order of nondisclosure is what most people mean by sealing. The record survives, but criminal justice agencies may not release it to the general public, which takes in most private employers, landlords and screening companies.

So one remedy removes the record and the other restricts who sees it, and the law opens each in different circumstances. Expunction is generally limited to arrests that did not end in a conviction or court-ordered supervision. Nondisclosure reaches further, to many completed deferred adjudications and certain misdemeanor convictions, but nothing is destroyed. Picking the right one is the first decision in every case, and your disposition makes that decision, not your preference.

Who Qualifies for an Expunction

Chapter 55A of the Code of Criminal Procedure governs expunctions. The Legislature rewrote the law in that chapter effective January 1, 2025, replacing the former Chapter 55. To use it you must have been arrested for a felony or a misdemeanor and released, with no final conviction and no pending charge from the arrest. The offense also cannot have resulted in court-ordered community supervision, though Class C misdemeanors have their own exception. Within that group the usual routes are these.

• No charge was filed. If the State never presented an indictment or information, you can seek an expunction once a waiting period passes, or earlier if the prosecutor certifies that the file is no longer needed.
• The charge was dismissed or quashed. The statute recognizes dismissals that follow completion of a pretrial intervention program or a veterans or mental health court program, dismissals of charges presented by mistake, on false information or without probable cause, and dismissals of a void charging paper.
• Limitations have run. If the State’s time to prosecute the offense has expired, an expunction may be available.
• You were acquitted at trial. On request, the statute directs the trial court to enter the order within 30 days of the acquittal. Other charges from the same incident can change the result if one ended in a conviction or remains open.
• You received a pardon. A pardon can open the door, and one based on actual innocence carries its own 30-day deadline for entry of the order.
• The prosecutor recommends it. Before trial, a prosecutor may recommend an expunction to the court, even after a charge has been filed.

When a grand jury declines to indict, no formal charge was presented, and we evaluate those arrests under the no-charge rules. The paper trail decides which route applies, and some cases fit more than one.

When You May Have to Wait

If no charge was ever filed, the clock starts on the date of arrest. The wait is 180 days after a Class C arrest, one year after a Class A or B arrest and three years after a felony arrest or one involving a related felony charge. A prosecutor can lift the wait by certifying that the file is no longer needed for an investigation or a prosecution, and requesting that certification is what people mean by an early expunction. We discuss that request in detail on our early expunction for felony arrests page.

The other routes follow different clocks. The statute states no waiting period for the dismissal routes, an acquittal carries the 30-day order deadline, and limitations are measured from the offense. A petition filed too soon can be denied, and waiting longer than necessary can cost you a job or a lease, which is why we start with your dates and not with a rule of thumb.

What Cannot Be Expunged

A final conviction cannot be expunged, whatever the offense. Neither can a case in which a court ordered community supervision, which covers straight probation and deferred adjudication alike, even if you met every condition and the case was dismissed. This surprises many people, since a dismissed deferred adjudication feels like a case that ended in your favor, but the statute does not allow an expunction. Some Class C deferred dispositions are the narrow exception, and we check whether yours is one. Our article on deferred adjudication in Texas shows how the disposition works and why it leads to a different remedy.

An arrest that produced several charges can complicate things. When one of them ended in a conviction or is still pending, a dismissal or acquittal on another charge from the same incident may not support an expunction. A DWI conviction is outside the statute even after probation is finished, although a limited group of DWI cases can be sealed.

Who Qualifies for an Order of Nondisclosure

Nondisclosure orders come from Subchapter E-1 of Government Code Chapter 411. The section that applies turns on the offense and on how the case ended.

• Misdemeanor deferred adjudication. Section 411.072 covers a person who completed deferred adjudication, had the case dismissed and has no other conviction or deferred adjudication apart from a fine-only traffic offense. Excluded are DWI, offenses in Penal Code Chapters 20, 21, 22, 25, 42, 43, 46 and 71 and any case with an affirmative family violence finding.
• Other deferred adjudication. Section 411.0725 reaches the cases left over. Most misdemeanors can be petitioned once you are discharged and the case is dismissed. For misdemeanors in Chapters 20, 21, 22, 25, 42, 43 and 46 the wait is two years, and felonies require five, each counted from discharge and dismissal.
• Completed misdemeanor probation. Section 411.073 applies after a conviction with community supervision that ended without revocation, once all fines, costs and restitution are paid. Most offenses carry no extra wait, while those same chapters (other than Chapter 71) require two years. Intoxication offenses are left out.
• DWI with probation. Under Section 411.0731 the petition comes two years after supervision ends if you kept an ignition interlock condition for at least six months, and five years after it ends otherwise. The statute excludes the higher alcohol-concentration offense and bars an order when the offense involved a collision with another person.

Section 411.074 sits over all four. A new conviction or deferred adjudication during supervision or the waiting period, other than a fine-only traffic offense, generally ends eligibility. Some offenses are excluded for good: stalking, trafficking, murder, capital murder, aggravated kidnapping, injury to a child or an elderly or disabled person, family violence offenses and any offense that requires sex offender registration. And an eligible person still has to persuade the judge that an order is in the best interest of justice, so the petition needs supporting facts and not just a completed form.

The statute describes some deferred adjudication orders as issued by the court after discharge, with no petition required. We do not count on that. Court records and local systems do not always match the text of the statute, so we confirm eligibility, file where it is needed and stay on the case until an order is signed.

What an Order Changes and What Stays Behind

An expunction directs the named agencies to destroy or return their records of the arrest, and in most settings you may then say you were not arrested. Its reach stops at the agencies named in the petition and given notice, so the agency list matters a great deal. Agencies update files on their own schedules, and we suggest a new criminal history check about two months after the order.

Nondisclosure works another way. The record continues to exist, but criminal justice agencies may not hand it to the public, so an ordinary private employer or landlord should not receive it. Police, prosecutors and courts keep their access, and some licensing bodies and regulated employers can still see a sealed record. It can also matter in a later case, such as a second DWI charge. What you may say about a sealed case varies by setting, and we walk you through that when the order is entered. For the full rules, see our Texas expunction guide and Texas nondisclosure guide.

Types of Record Clearing We Handle

Each page below goes deeper on a single situation. People with more than one arrest can fit several of them, and we look at each arrest separately.

• Expunction for dismissed charges: removing an arrest after the State dropped or diverted the case.
• Early expunction for felony arrests: seeking relief on a felony arrest before the full three years.
• Expunction in Texas: the eligibility rules and what an order destroys.
• Expungement versus nondisclosure: how to choose between removing a record and restricting it.
• Nondisclosure for deferred adjudication: sealing a case you completed on deferred adjudication.
• Nondisclosure for convictions: sealing certain misdemeanor and DWI convictions after probation.
• Sealing juvenile records: closing off records from a case handled in juvenile court.
• Federal pardon and record sealing: where a Texas order stops and what a pardon can do.

How an Expunction Is Filed in Travis County

An expunction is a civil case, separate from the criminal one. For most arrests the petition goes to a district court in the county where you were arrested or the county where the offense was alleged to have occurred. For an Austin arrest that is usually Travis County, where the District Clerk’s criminal division takes expunction petitions and attorneys file them electronically. An Austin mailing address does not always mean a Travis County case, because parts of the Austin area sit in Williamson and Hays Counties. Our article on expunctions in Travis County and the general piece on how expunction works in Texas add background. In practice the work runs in stages.

Review. We start with your criminal history and whatever you have from the arrest and the case: the charge, the date, the arresting agency, a cause number if one exists and the way the matter ended. That tells us whether you qualify now, whether you must wait and whether another remedy suits you better.

The petition and the agency list. The petition identifies you, the arrest and every agency that might hold a record, and an agency left off the list is the most common reason an expunction falls short. Since September 1, 2025, a petition must be verified and must list each agency once, with its physical and email addresses. The Travis County District Clerk has published a list of agencies for expunction filers. It includes the Travis County District Attorney, the Austin Police Department, the Travis County Sheriff’s Office, county, justice and municipal courts, the Department of Public Safety and the Texas Department of Criminal Justice. A published list is a starting point and not a complete answer. An arrest can also involve a campus police department, a constable or another agency, so we build the list from your own history.

Notice and hearing. The hearing cannot be set sooner than 30 days after the petition is filed, and the clerk sends the petition and hearing notice to the listed agencies, electronically where an agency accepts it. Agencies may respond or object, and we answer any objection from the case file.

The order and follow-up. When the judge grants the petition, the order is sent to the agencies, which must destroy or return what they hold. Afterward we check again, since a new criminal history report shows whether anything remains.

Class C arrests. If the arrest was only for a fine-only offense, the statute lets the petition be filed in a justice court or a municipal court of record. Austin Municipal Court says it handles expunctions of Class C misdemeanors from Travis County, accepts one arrest event per petition, publishes its own form and fee and sets a hearing once the fee is paid. If your case started as a citation, tell us which court heard it.

How a Nondisclosure Petition Is Handled

You file a nondisclosure petition in the court that placed you on deferred adjudication or community supervision, which is not always in the county where you live now. For a misdemeanor from a Travis County court, the County Clerk takes the petition through its civil department and directs filers to arrange the hearing with the county court. A case placed by a district court is filed there. The State receives notice and may ask for a hearing, and the judge decides whether you are entitled to file and whether an order serves the best interest of justice. That finding depends on facts, so we assemble proof that you finished supervision, your record since then, your work history and the reasons you need the order. Once an order is signed, agencies and commercial background-check companies do not all update together, and we follow up on that as well.

Why a Record Matters: Jobs, Housing and Licenses

People usually come to us with a specific problem: a job offer, a lease, a nursing or teaching license, a loan, a security clearance or a school application. Austin has many employers that screen applicants, including state agencies, universities and hospitals, and landlords often run a check without ever asking about the case behind it. Some licensing boards and regulated employers ask outright, and whether a sealed record has to be disclosed in answer depends on which rules govern that application. A military defense lawyer in Austin can address a record problem that threatens service or a professional license. If a deadline is driving this, mention it on the first call so we can work backward from it.

When Clearing a Record Is Tied to Another Problem

What you were charged with often sets the boundaries, and in some cases a different legal problem needs attention before the record does.

• DWI. A DWI conviction cannot be expunged, although some can be sealed once a waiting period passes. A DWI lawyer in Austin can review the original case, our page on DWI expungement and record sealing lays out the options and our article on how long a DWI stays covers the timeline.
• Family violence. A family violence offense permanently bars nondisclosure. An Austin domestic violence attorney can say whether a dismissal or an acquittal opens the door to an expunction.
• Sex offenses. Offenses that require registration are excluded from nondisclosure. A sex crimes attorney in Austin handles those charges and the question of what relief is left.
• Felonies and misdemeanors. The level of the offense changes both the wait and the stakes. An Austin felony attorney and a misdemeanor lawyer in Austin defend the underlying charges, and two of our articles, how long a felony stays and felony versus misdemeanor cases, add context.
• Drug cases. A dismissed drug charge or a completed deferred adjudication raises its own question about which order fits. A drug possession attorney in Austin can address the charge, and our page on expunction and nondisclosure for drug offenses covers the record side.
• Weapons cases. A weapons charge can raise firearm questions that a record order does not answer. A weapons charges attorney in Austin can explain how a case affects your rights.
• Probation still running. Nondisclosure depends on finishing supervision cleanly, and a revocation can end eligibility. If the State has filed a motion, an Austin probation lawyer should be involved before anything else.

Why Austin Clients Choose Barton & Associates for Record Clearing

A good record-clearing petition is built on specifics: the remedy that fits, the exact dates, every agency that holds a file and answers to the questions a judge or prosecutor is likely to raise. Pick a lawyer who reads your entire file before offering an opinion and who is as direct about what the law will not do as about what it will. Gary J. Barton, our founding attorney, is a former Capital Murder prosecutor, is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has tried more than 100 cases to a jury. Jim Erickson, a senior trial attorney in our Austin office, has practiced criminal defense in Texas courtrooms since 1985 and has tried more than 250 cases to a jury verdict in more than sixty Texas counties. Managing attorney Duane Graeff has been in Texas state and federal courts for more than twenty-six years. Together with the firm’s other criminal defense trial attorneys, they handle the arrest and the case, and often the record that follows. Any Texas lawyer’s license and board certification can be checked in the State Bar of Texas directory, and you should check ours.

• The ending of your case comes first. How it ended determines whether an expunction, an order of nondisclosure or neither can be filed.
• Dates get counted twice. Waiting periods start from specific events, and a petition filed ahead of schedule can be denied.
• The agency list comes from your history. An order binds only the agencies that were named and notified.
• Limits are stated plainly. No order removes every trace of a case, and no lawyer can promise how a judge will rule.

Our Austin office is at 316 W 12th Street, Suite 400, Austin, Texas 78701, and we see clients there by appointment. You can get directions to our office ahead of your visit. The items below speed things up, but a call is worthwhile even when you cannot find any of them.

• When and where each arrest happened, and which agency made it.
• A cause number, dismissal order, judgment or discharge paper, if you have one.
• A copy of your criminal history report.
• The court that handled the case, if you recall it, including any municipal or justice court.
• Whatever deadline is pushing this, such as a job offer, a lease or an application.

Frequently Asked Questions About Expungement in Austin

What is the difference between expungement, expunction and sealing?

Expungement is the common name for an expunction, a court order sending the records of an arrest to be destroyed or returned. Sealing is the common name for an order of nondisclosure, which leaves the record in existence but stops criminal justice agencies from releasing it to the public. Put simply, one remedy removes a record and the other limits who may see it. How your case ended decides which is open to you.

Can I get my record expunged if I was convicted?

No. A final conviction falls outside the expunction statute regardless of the offense or how long ago it happened, apart from a narrow exception for certain pardons. Some convictions can be sealed instead. A misdemeanor conviction with probation you completed, and certain DWI cases, may qualify for an order of nondisclosure when the waiting period has passed and the offense is not excluded. That order restricts access but does not erase anything.

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

Often, but you may need to wait. With no charge filed, the clock runs from the date of arrest: 180 days if the offense was a Class C misdemeanor, one year for a Class A or B misdemeanor and three years for a felony. If the prosecutor certifies that the file is no longer needed, the wait falls away. We confirm the arrest date and the offense level before saying whether you can file today.

What is the waiting period for sealing a deferred adjudication?

It depends on the offense. Many misdemeanors carry no wait beyond discharge and dismissal. For misdemeanors under Penal Code Chapters 20, 21, 22, 25, 42, 43 and 46 the wait is two years after discharge and dismissal, and a felony requires five years. DWI and some other offenses are excluded or follow separate rules, and a new conviction or deferred adjudication during the wait can end your eligibility.

Can a deferred adjudication be expunged?

No. A court that places you on deferred adjudication has ordered community supervision, which puts the case outside the expunction statute even after you complete it and the case is dismissed. Your remedy is an order of nondisclosure under Government Code Chapter 411. The record stays but is closed to most of the public. A few Class C deferred dispositions are a narrow exception, and we check whether yours is one.

If my case was dismissed, is it still on my record?

Yes. Dismissal ends the case, but the arrest and the court file remain until an order removes them, and a background check can still find them. If the charge was dismissed or never filed, you may be able to seek an expunction. Agencies store records in many places, so asking sooner makes it easier to track them all down.

Can a DWI be expunged or sealed?

A DWI arrest that ended with no charge, or with a qualifying dismissal, can be expunged. A DWI conviction cannot, even after probation. Certain first-time cases with probation can be sealed under Section 411.0731 two years after supervision if you kept an ignition interlock condition for at least six months, and five years otherwise. The higher-level alcohol offense and any case involving a collision with another person are excluded, and a sealed DWI can still be used if you are charged with another one.

How does an expunction work in Travis County?

You file a civil petition in a district court, either in the county of arrest or the county where the offense was alleged to have occurred. For most Austin arrests, that means the Travis County District Clerk. The petition lists every agency with a record, the hearing is set at least 30 days after filing and the clerk notifies each agency. If the judge grants the petition, the agencies destroy or return what they hold. An omitted agency or a wrong date can leave records behind.

What if my case was a Class C ticket in Austin Municipal Court?

The statute lets a fine-only arrest be expunged by a petition in a justice court or a municipal court of record. Austin Municipal Court describes its own process for Class C cases from Travis County, with one arrest per petition and a fee the court sets. Eligibility still turns on how the case ended, and a Class C conviction does not qualify. Send us the citation or case number and we will tell you which court and which remedy apply.

How long does the process take?

The hearing cannot be set sooner than 30 days after filing, and the remainder depends on how many agencies are involved, whether anyone objects and the court’s calendar. Expect months and not weeks once you are eligible. A nondisclosure petition has separate steps, including notice to the State and sometimes a hearing. Agencies then update their files at their own pace, which is why we follow up after an order.

Can employers and landlords still see an expunged or sealed record?

An expunction sends the records of the arrest back or to destruction, so an ordinary background check should find nothing once every named agency has complied. A nondisclosure order is weaker: the file stays, and private employers, landlords and most screening companies are not supposed to receive it, while police, courts, prosecutors, some licensing agencies and certain regulated employers keep access. We walk through what applies to you before you answer a question on any application.

Does clearing my record restore my right to own a firearm?

No. An expunction removes arrest records and is not available after a conviction. Firearm rights following a conviction are governed by separate state and federal rules, and an order of nondisclosure does not change them. If a firearm is why you are asking, say so at the first call and we will review your history against those rules before you rely on any order.

Can a family violence or sex offense case be sealed?

The nondisclosure statute permanently excludes family violence offenses and offenses that require sex offender registration. An arrest that never produced a conviction or deferred adjudication can still qualify for expunction, since the exclusions apply to nondisclosure only. If your case is older, send us the disposition and we will tell you which statute governs.

Do I need a lawyer to file, and what does it cost?

No law forces you to hire one, but the margin for error is thin. The remedy, the waiting period, the agency list and the proof behind the best-interest finding all have to be right. A lawyer can also tell you at the outset that you do not qualify, which saves filing costs and months. Courts set their own filing fees and they vary by court and petition. We review your record at the free consultation and explain our fees and the likely next steps.

Talk With an Austin Expungement Lawyer About Your Record

Waiting periods run on their own schedule, and your options can change as dates pass. Speak with a criminal defense attorney in Austin at Barton & Associates about the arrest, how the case ended and what you want a background check to show.

Call our Austin office at 512-THE-FIRM (843-3476) or use the online Free Consultation form to set up a confidential meeting. We are at 316 W 12th Street, Suite 400, Austin, Texas 78701, and on-site consultations are by appointment only.

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)