Protecting Your Future: Arrested During College or High School in Austin, Texas

You are a student. Your future is ahead of you—college applications, scholarships, career opportunities, a lifetime of possibilities. Then, you are arrested. A mistake, a misunderstanding, or an accusation. Suddenly, everything you have worked for is at risk. Not just from the criminal charge itself, but from your school, your college admissions, your financial aid, and your future. For students, the consequences of an arrest extend far beyond the courtroom.

At Barton & Associates, Attorneys at Law, we represent students throughout Austin and Central Texas who are facing criminal charges. 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 the defense of students. We understand that for a student, an arrest can threaten your education, your college admissions, and your future—and that an effective defense must address both the criminal case and the school consequences.

Whether you are a high school student facing college admissions challenges or a college student at the University of Texas at Austin, Austin Community College, St. Edward’s University, or another institution, we provide the strategic guidance and aggressive representation you need to protect your education and your future.

Understanding the Unique Stakes for Students

For students, a criminal charge carries consequences that go far beyond the criminal court. Your school, your college admissions, your financial aid, and your future career can all be affected.

Potential Consequences for Students:

• School Discipline: Suspension or expulsion from school

• College Admissions: Rejection from colleges due to criminal record

• Scholarship Loss: Loss of academic or athletic scholarships

• Financial Aid: Loss of federal financial aid eligibility (for drug offenses)

• Housing: Eviction from student housing

• Extracurriculars: Loss of participation in sports, clubs, and activities

• Transcript Notations: Some schools place disciplinary notations on transcripts

• Future Employment: Criminal record can affect future job opportunities

The Importance of Early Intervention:

The sooner you have an attorney involved, the better your chances of protecting your education and your future. An attorney can:

• Communicate with the school to protect your student status

• Work to resolve the criminal case in a way that minimizes educational impact

• Advise you on your rights and obligations regarding school discipline

For students in Austin, an arrest is a critical moment that requires immediate action.

How Does an Arrest Affect College Admissions?

An arrest can have a significant impact on college admissions. Many colleges ask about criminal history on applications, and an arrest—even without a conviction—can affect admissions decisions.

What Colleges Ask:

• Criminal History Questions: Many college applications ask whether you have been arrested or charged with a crime.

• Disciplinary History: Applications may ask about school discipline, including suspensions or expulsions.

• Character and Fitness: Colleges consider character and fitness in admissions decisions.

How Colleges Use This Information:

• Holistic Review: Colleges consider criminal history as one factor among many. A strong academic record and evidence of growth can mitigate the impact.

• Automatic Rejection: Some colleges have policies that automatically reject applicants with certain criminal histories.

• Disclosure Obligations: Failing to disclose an arrest can result in revocation of admission if discovered later.

Strategies for Protecting College Admissions:

• Resolve the Case Favorably: Seek dismissal, expungement, or nondisclosure to minimize the record.

• Seek Expungement: Expungement destroys the record entirely, allowing you to answer “no” to criminal history questions.

• Be Honest: If required to disclose, be honest. Dishonesty can be more damaging than the underlying offense.

• Explain the Circumstances: If the offense was minor or aberrational, provide context and evidence of growth.

For high school students in Austin, protecting college admissions requires proactive defense.

Can a College Expel You for an Arrest?

Yes. Colleges and universities can take disciplinary action based on an arrest, even before any conviction. The standard of proof in university disciplinary proceedings is lower than in criminal court—typically preponderance of the evidence (more likely than not).

How University Proceedings Differ:

• No Right to Jury: Disciplinary hearings are before university officials

• Lower Standard of Proof: Preponderance of the evidence vs. beyond a reasonable doubt

• No Fifth Amendment Protection: Refusing to answer may be treated as an admission

• Faster Process: University proceedings often move faster than criminal cases

Potential Consequences:

• Interim Suspension: Immediate removal from campus pending investigation

• Suspension: Temporary removal from the university

• Expulsion: Permanent removal from the university

• Housing Removal: Eviction from student housing

• Loss of Scholarships: Revocation of academic or athletic scholarships

• Transcript Notations: Disciplinary notations that can affect future education

Protecting Your Education:

• Request a Hearing: You have the right to a hearing. Do not waive it without counsel.

• Request Continuance: Seek to delay university proceedings until criminal case resolves.

• Present Mitigating Evidence: Demonstrate good academic standing and character.

• Negotiate Alternative Sanctions: Seek probation, counseling, or community service instead of suspension.

For college students in Austin, an arrest can threaten your education—but with the right defense, you can protect your place at school.

School Discipline for High School Students

High school students face their own unique challenges. School discipline can affect college admissions, scholarships, and future opportunities.

How Schools Respond:

• Zero Tolerance Policies: Many schools have zero tolerance policies for drugs, alcohol, and violence.

• School Resource Officers: Police on campus may lead to both school discipline and criminal charges.

• Disciplinary Hearings: Students have the right to a hearing, but the process is often informal.

Potential Consequences:

• Suspension: Temporary removal from school

• Expulsion: Permanent removal from school

• Alternative School: Placement in alternative education programs

• Loss of Extracurriculars: Removal from sports, clubs, and activities

• College Impact: Disciplinary records can affect college admissions

Protecting Your Education:

• Request a Hearing: Do not waive your right to a hearing.

• Present Evidence: Bring evidence of your academic record and character.

• Advocate for Alternatives: Seek counseling, community service, or other alternatives to suspension or expulsion.

• Coordinate with Criminal Defense: Your school defense and criminal defense should be coordinated.

For high school students in Austin, an arrest can affect both your education and your college future.

Drug Offenses and Student Financial Aid

A drug conviction can result in loss of federal student financial aid. Under federal law, students with drug convictions may be ineligible for federal grants, loans, and work-study programs.

How Financial Aid Is Affected:

• Conviction Required: Only convictions—not arrests—affect financial aid eligibility.

• Suspension Period: Ineligibility begins on the date of conviction and continues for a specified period.

• Reinstatement: Eligibility can be restored by completing an approved drug rehabilitation program or passing two unannounced drug tests.

Offenses That Affect Aid:

• Possession of a controlled substance

• Sale or distribution of a controlled substance

Protecting Financial Aid:

• Avoid Conviction: Seek dismissal, deferred adjudication, or other dispositions that do not result in a conviction.

• Seek Expungement: Expungement can restore eligibility.

• Complete Treatment: If you have a conviction, completing an approved rehabilitation program can restore eligibility.

For students in Austin, protecting financial aid is a critical part of the defense strategy.

The Importance of Expungement and Nondisclosure

For students, expungement and nondisclosure are essential tools for protecting your future. These remedies remove or seal your criminal record, allowing you to answer “no” to questions about arrests or charges.

Expungement (Expunction):

• Effect: Destroys the record entirely

• Eligibility: Dismissed charges, arrests without charges, acquittals

• Impact: You can legally deny the arrest ever occurred

Nondisclosure:

• Effect: Seals the record from public view

• Eligibility: Certain deferred adjudications and some convictions

• Impact: You can deny the arrest in most circumstances

Why Expungement Matters for Students:

• College Applications: You can answer “no” to criminal history questions

• Financial Aid: Expungement can restore financial aid eligibility

• Employment: Employers cannot see expunged records

For students in Austin, seeking expungement or nondisclosure should be a priority.

Can You Get Expungement for a Juvenile Record?

Yes. Juvenile records can be expunged or sealed, giving students a fresh start.

Expungement for Juvenile Records:

• Eligibility: Dismissed charges, charges where no adjudication was made

• Effect: Destroys the record entirely

• Process: File a petition in juvenile court

Sealing for Juvenile Records:

• Eligibility: Certain adjudications (findings that the juvenile engaged in delinquent conduct)

• Effect: Seals the record from public view

• Process: File a petition after waiting period

Benefits of Clearing Juvenile Records:

• College Admissions: No record to disclose

• Employment: No record to appear on background checks

• Military: May improve enlistment opportunities

For students in Austin, clearing juvenile records is essential to protecting your future.

The Role of the School in Criminal Cases

For students, the school is a second front in the battle to protect your future. School discipline proceedings and criminal cases are separate but connected.

How Schools Respond:

• Reporting to Police: Schools often report incidents to police, leading to criminal charges.

• Parallel Proceedings: School discipline and criminal cases proceed simultaneously.

• Information Sharing: Information from school proceedings can be used in criminal cases, and vice versa.

Coordinating Your Defense:

• One Attorney: Work with an attorney who can handle both the criminal case and school discipline.

• Consistent Position: Your position in both forums should be consistent.

• Protect Your Rights: Do not provide information to school officials without understanding how it may affect your criminal case.

Advocating with the School:

Your attorney can advocate with school officials to:

• Minimize disciplinary consequences

• Allow you to remain in school during the criminal case

• Negotiate alternatives to suspension or expulsion

For students in Austin, coordinating criminal defense and school defense is essential.

Frequently Asked Questions About Arrested During College or High School in Austin, Texas

When students and parents come to our office—whether from Austin’s high schools, UT Austin, ACC, St. Edward’s, or other institutions—they often have questions about the impact of an arrest. Here are the answers to the most common inquiries we receive.

Will an arrest affect my college admissions?

Yes, potentially. Many colleges ask about criminal history on applications. However, expungement can destroy the record, allowing you to answer “no.”

Can I be expelled for an arrest?

Yes. Colleges can take disciplinary action based on an arrest, even without a conviction. You have the right to a hearing and to present your side.

Will I lose my scholarship if I am arrested?

It depends. Some scholarships have “good moral character” requirements. An arrest could trigger a review. Athletic scholarships may be affected by team conduct policies.

What is the difference between expungement and nondisclosure?

Expungement destroys the record entirely. Nondisclosure seals the record from public view. Expungement is available for dismissed charges; nondisclosure is available for certain deferred adjudications and some convictions.

Can I get financial aid if I have a drug conviction?

A drug conviction can make you ineligible for federal financial aid. However, completing an approved rehabilitation program can restore eligibility.

Do I have to tell my school about my arrest?

You may be required to report the arrest under school policies. Your attorney can advise you on your obligations and how to respond.

Do I need an attorney if I am a student?

Yes. The stakes for students are high—your education, college admissions, and future are on the line. An experienced attorney can help you protect your student status and your future.

Why Barton & Associates for Students Facing Criminal Charges in Austin

Students facing criminal charges need attorneys who understand the unique stakes of education, college admissions, and future opportunities. The attorneys at Barton & Associates bring decades of experience to student defense, helping young people protect their futures.

We are deeply rooted in the Austin educational community. We understand the policies at the University of Texas at Austin, Austin Community College, St. Edward’s University, and the local high schools. This local knowledge allows us to advise students accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your educational goals, your aspirations, 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 Protecting Your Future

If you are a student facing criminal charges, your education and your future are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of protecting your student status, your college admissions, and your future. At Barton & Associates, we are here to fight for you.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. 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 protect your future.

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