Expungement in Texas: Everything You Need to Know

Expungement in Texas: Everything You Need to Know

Some of us make mistakes in this life, and some of those mistakes can follow us for years. A criminal record, for example, can truly affect the opportunities you’re given later on in life. Even without a conviction, your history can influence insurance rates, credit eligibility, employment prospects, and your reputation.

Sometimes that’s just not fair. Maybe you made a youthful mistake and have since turned things around. Or perhaps you were found not guilty—but the arrest still shows up on your record.

In either case, many people hope to clear their records and move forward. That process is known as expungement or nondisclosure.

Read on, and our San Antonio criminal defense attorneys walk you through everything you need to know about expungement in Texas or non-disclosure of your record.

Understanding Expungement in Texas

In Texas, filing a petition for expunction legally erases an offense from your criminal record. It compels both government agencies and private background check companies to remove or destroy related files.

Eligibility often depends on how your case ended. You may qualify if your charges were dismissed, no charges were ever filed, you completed a pre-trial diversion, or you were acquitted by a jury. In some cases, you may even be eligible after receiving a pardon or having your conviction overturned on appeal.

Many different kinds of crimes are eligible for expungement in Texas. Even sex offenses can be expunged. However, an expunction may only be obtained for Class C Misdemeanors without a conviction (including dismissal through deferred adjudication or deferred disposition), when no formal charges are brought (offense never indicted), the charges have been dismissed, after successful completion of a Pre-Trial Diversion program, a jury acquitted you, you receive a pardon, or a court of appeals enters an acquittal on your record.

Waiting periods vary:

• No waiting: If you were acquitted or pardoned

• 1 year: Most misdemeanors

• 3 years: Felony charges

In some cases—like winning at trial—Texas waives your filing fees and offers an expedited process to help you clear your record faster.

What Does It Cost?

Filing and processing fees for an expunction in Texas generally run around $600. Your legal fees for a San Antonio expungement lawyer can easily exceed $3,000. However, multiple eligible arrests can often be cleared in a single petition, which can save you money in the long run.

Expungement can offer real benefits—removing obstacles in job hunting, restoring reputation, and even helping with housing or financial applications.

And once your record is cleared, Texas law allows you to legally deny the arrest ever happened in most situations. It’s even a criminal offense for others to disclose expunged information.

Sealing of Records and Nondisclosure

If you’re not eligible for expunction, a nondisclosure order may still be an option. Often referred to as “sealing” your record, this process doesn’t destroy your records but limits who can see them. Most private employers, for example, won’t have access.

Nondisclosure is available to many who complete deferred adjudication, even for felony charges. And some individuals with convictions (such as first-time DWI offenses) can request a nondisclosure, depending on the details of their case and whether they completed probation with a breathalyzer device.

Sealing your record provides many of the same benefits as expungement. While law enforcement and certain agencies retain access, your history becomes hidden from most public searches and background checks.

Keep in mind: Certain offenses—such as murder, kidnapping, stalking, and some sex or family violence crimes are excluded from both options. Judges are usually more lenient toward minors in a court of law.

How Long Does It Take?

There’s no instant fix, but many expunctions begin to show results within 60–90 days of approval. Nondisclosure orders may take effect more quickly.

If you need your record cleared or sealed for a job, background check, or loan application, your best bet is to begin the process early—and to work with a lawyer who understands the timeline and requirements.

Deferred Adjudication Judgments

If you successfully completed a diversion or specialty court program, you may be eligible to have your record cleared. This is especially true for Class C offenses resolved through deferred disposition.

If your case involved deferred adjudication for Class B or higher charges, full expungement may not be available—but you might still qualify for record sealing.

A deferred judgment is not the end of the road. With proper planning and representation, you may still have a path forward.

Expunge Your Record

We have all made mistakes that deserve tolerance. For many citizens, exploring expungement in Texas is a way to get a second chance and get their lives back on track. For others, it’s a way to restore justice for wrongs done in the past.

Whatever your situation, let HGC Law Firm PLLC help you. If you’re looking for someone to guide you through the legal process, contact us anytime for a free consultation.