Clearing Your Texas Drug Record: A Guide to Expungement & Nondisclosure in San Antonio

A past drug charge in Texas can feel like a life sentence of consequences, long after any court case is over. It can block employment, housing, loans, and professional licenses. In Texas, the legal pathways to seal or destroy these records—expungement and nondisclosure—are complex and specific. At Barton & Associates in San Antonio, we guide clients through these intricate processes to help reclaim their reputations and futures. If you’ve completed your sentence or probation, you may have earned the right to move forward without the burden of a public criminal record.

Understanding Your Options: Expungement vs. Nondisclosure in Texas

Texas law provides two primary mechanisms to limit public access to a criminal record, but they are not interchangeable. Understanding the critical difference is the first step.

Expungement (Erasure)
Expungement is the complete destruction of all public records and files related to your arrest and/or case. Once an expunction order is granted by a judge, the records are physically destroyed by law enforcement agencies, courts, and background check companies. For all legal purposes, the event never occurred. You are legally permitted to deny the arrest or case on any application, including for employment, housing, or professional licensing.

Order of Nondisclosure (Sealing)
An order of nondisclosure does not destroy records; it seals them from most public view. While courts and certain state agencies (like law enforcement and licensing boards for specific professions) may still access the record, it is removed from standard public background checks conducted by private employers or landlords. This is often the available remedy for individuals who received deferred adjudication probation and successfully completed its terms.

Am I Eligible? Navigating Texas Eligibility Laws for Drug Offenses

Eligibility is strictly defined by the Texas Code of Criminal Procedure and depends on the specific outcome of your case. The following list outlines common scenarios for drug offenses:

• Case Dismissed: (no-billed by grand jury, pretrial diversion completed.) Expungement. You were never convicted. Waiting periods may apply (e.g., statute of limitations must pass).
• Acquitted at Trial: (found “not guilty”.) Expungement: The state failed to prove its case. You are entitled to an expunction.
• Conviction Pardoned: Expungement. A full pardon based on innocence may lead to eligibility.
• Deferred Adjudication Probation Completed Successfully: Order of Nondisclosure. The primary path for most. You pled guilty or no contest, but the judge did not enter a final conviction. Upon completion, you can file for nondisclosure. Note: Certain more serious drug offenses may have a mandatory waiting period (e.g., 5 years) before you can apply.
• Class C Misdemeanor Conviction (Only): Expungement. (after waiting period) For a single, minor conviction (e.g., some minor possession charges). Requires a 180-day waiting period from the date of conviction.
• Completed Straight Probation (Conviction): Order of Nondisclosure. (in limited cases) Very narrow eligibility. Generally, only for certain low-level misdemeanors. Most drug crime convictions are not eligible for nondisclosure.

Critical Exceptions & Barriers:

• Drug-Free Zones: Offenses enhanced due to occurring in a designated drug-free zone (near a school, park, etc.) face much stricter eligibility rules and are often completely ineligible for nondisclosure.
• Human Trafficking & Violence: Offenses involving these elements are typically ineligible.
• Prior Criminal History: Having other convictions on your record can disqualify you.
• Waiting Periods: Even if eligible, mandatory waiting periods (from the date your sentence/probation ends) often apply.

This is a general guide. The only way to know your true eligibility is to have an attorney review the specific documents from your case.

The Step-by-Step Legal Process in Bexar County

Securing an expunction or nondisclosure is a formal legal proceeding, not a simple application. Mistakes can lead to denial and wasted filing fees.

1. Case Review & Eligibility Determination: We begin by obtaining your full criminal case history and the final disposition (judgment) from your drug case. We analyze this against the current statute to confirm your pathway and identify any potential obstacles.
2. Petition Preparation & Filing: Our attorneys draft the precise legal petition (for either expunction or nondisclosure), all required supporting affidavits, and proposed orders. This packet is then filed with the appropriate Bexar County district court—often the court where your original case was heard.
3. Service on Government Agencies: Texas law requires that the petition be formally served on every agency that might have a record of your arrest and case. This includes the Bexar County District Attorney’s Office, the arresting police department (SAPD, BCSO, etc.), the Texas Department of Public Safety (DPS), and any jail or court clerk involved. This ensures all parties are notified and can comply with the final order.
4. Court Hearing & Judicial Order: For many petitions, a hearing before a district judge is required. We will prepare you for this hearing and present the argument for why you meet all legal requirements. If the judge grants the petition, they will sign a formal court order.
5. Notification & Enforcement: The signed order is then served on all the same agencies. They are legally compelled to either destroy (expunction) or seal (nondisclosure) their records within a mandated timeframe. We follow up to ensure compliance and provide you with documentation for your records.

Why Legal Representation is Critical: The Cost of DIY Mistakes

While it is possible to file petitions pro se (without a lawyer), the process is fraught with technical pitfalls:

• Incorrect Petition Type: Filing for an expunction when you are only eligible for nondisclosure (or vice versa) results in an automatic denial and loss of filing fees.
• Missing Deadlines or Agencies: Failing to serve every required agency or missing a statutory waiting period deadline can doom your petition.
• Prosecutor Objections: The District Attorney’s Office has the right to contest your petition. An attorney negotiates with prosecutors and argues effectively in court to overcome objections.
• Background Check Issues: An improperly prepared order can lead to “zombie records” that continue to appear on background checks, defeating the entire purpose.

Our attorneys at Barton & Associates manage the entire process, navigate Bexar County court procedures, and advocate for you to achieve a clean result.

The Life-Changing Benefits of a Clear Record

Successfully clearing your record opens doors that may have been firmly shut:

• Employment: Apply for jobs without the automatic disqualification many employers use for candidates with criminal records.
• Housing: Pass landlord background checks to secure the apartment or home you want.
• Professional Licensing: Pursue careers in nursing, real estate, cosmetology, law, and other fields that require state licenses.
• Education: Improve chances for graduate school admissions and qualify for federal financial aid (which can be denied for certain drug convictions).
• Peace of Mind: The psychological relief of no longer being defined by a past mistake is invaluable. It allows you to fully participate in community, family, and civic life.

Why Choose Barton & Associates for Your San Antonio Expungement or Nondisclosure

Our criminal defense practice is built on a deep understanding of the entire lifecycle of a Texas drug case—from arrest to final disposition to record clearing. This end-to-end experience is crucial.

• Former Prosecutorial Insight: We understand how the Bexar County District Attorney’s Office evaluates these petitions and where potential objections may arise.
• Precision with Procedure: We ensure every “i” is dotted and “t” is crossed in the filing and service process, avoiding fatal procedural errors.
• Bexar County Court Expertise: We know the local clerks, courts, and judges, ensuring your petition moves through the system efficiently.
• Comprehensive Strategy: We view record clearing as the final, critical phase of your defense. We plan for this possibility from the earliest stages of a case, especially when negotiating for deferred adjudication.

Take the First Step Toward Your Fresh Start

Don’t let an old drug charge define your future. The laws are complex, but your path forward can be clear.

Contact Barton & Associates today for a confidential eligibility review. We will examine your specific situation, explain your options under Texas law, and outline the process to seal or erase your San Antonio, Austin or Corpus Christi, Texas drug record. Call our office at 210-500-0000 to schedule a consultation. Let us help you close this chapter for good.

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