Austin Expungement Lawyer

Clear Your Arrest Record Through Expunction or Nondisclosure

In Texas, clearing your arrest record is a legal process called expunction — commonly known as expunction in most other states. At the Law Office of David D. White, expunction and nondisclosure petitions are handled in-house by Kenneth Hines, who leads the firm’s expunction practice. Travis County expunctions start at $1,900. Outside Travis, $2,500.

Specialty expunctions we handle

Different charges follow different statutory paths to expunction. Three areas where the rules are particularly specific:

DWI expunction in Texas — Texas does not allow deferred adjudication for DWI, which means a DWI plea is a conviction and a conviction cannot be expunged. The expunction path on a DWI runs through dismissal, acquittal, or non-charge after the statute of limitations.

Dismissed charges and what comes next — A dismissal ends the prosecution. It does not destroy the record. Until a judge signs an expunction order under Article 55A.101, the arrest, charge, and disposition remain searchable at DPS, on the court docket, in district attorney files, and across commercial background-check databases.

Expunction vs. non-disclosure in Texas — Different statutes, different remedies. Expunction destroys the record under Article 55A.101; non-disclosure seals it under Government Code Chapter 411, Subchapter E-1. The eligibility rules determine which one your case qualifies for.

Kenneth Hines leads expunction filings at the firm. Flat fee. Travis County: starting at $1,900. Outside Travis: starting at $2,500. Counties we routinely file in: Travis, Williamson, Hays, Bell, Burnet, Gillespie, Blanco, Bastrop, Caldwell, Comal. (512) 369-3737. Available 24 hours.

UCW expungement in Austin — a 2025 recodification (Tex. Code Crim. Proc. art. 55A.005) opened an expunction path for certain Unlawful Carrying of a Weapon convictions that were previously permanent. The firm has expunged multiple UCW convictions under this provision.

Who qualifies for expunction in Texas

Chapter 55A of the Texas Code of Criminal Procedure (renumbered from Chapter 55 in the 2023 re-codification) lists the situations where a person can petition for expunction. The most common qualifying situations at this firm:

Case dismissed. The charge was dismissed and the statute of limitations has passed, or the dismissal was the result of a successful pretrial diversion program.

Not guilty at trial. A judge or jury found you not guilty.

Arrest without charges filed. You were arrested but the prosecutor never filed charges, and the statute of limitations has run.

Acquittal on appeal. You were convicted, then acquitted on appeal.

Pardon. The Governor granted a full pardon based on actual innocence.

Identity theft arrest. Someone used your identity when they were arrested.

Most convictions cannot be expunged. Most deferred adjudications cannot be expunged either. For those situations, a nondisclosure filing is usually the right remedy.

Nondisclosure versus expunction

An expunction destroys the record. A nondisclosure seals the record from public view but does not destroy it. The two remedies apply to different situations.

File an expunction when the case ended in your favor. Dismissal, acquittal, no-filed charges, or pardon.

File a nondisclosure when you completed a deferred adjudication successfully, or after a waiting period following certain convictions. Nondisclosure is not available for DWI with a BAC of 0.15 or higher and is not available for most family violence offenses. Texas Government Code Chapter 411, Subchapter E-1 lists the specific eligibility rules.

Kenneth will confirm in the consultation which remedy applies. The two filings are different and the fee structure for a nondisclosure varies by offense class. Ask in the consultation.

How the expunction process works at this firm

The process moves in four steps.

1. Consultation. Free, confidential, and usually 30 minutes. Bring the disposition paperwork if you have it, or the case number. Kenneth confirms eligibility, quotes the fee, and explains the timeline for the county your case was in.

2. Petition drafted and filed. Once you retain the firm, the petition is drafted within one week. It is filed the same day it is ready. The filing triggers a hearing date set by the court.

3. Hearing. Most expunction hearings are uncontested. The firm appears on your behalf. Your presence is usually not required. Some counties hold hearings within 30 to 60 days of filing. Travis County is generally faster than the surrounding counties.

4. Final order and distribution. The court signs the order of expunction. The firm sends certified copies to every law enforcement agency and government database that holds a record of the arrest. Destruction of the records is legally required within a set period after receipt of the order.

Where the petition is filed

Every expunction petition in Texas is filed in district court — even when the underlying arrest was a misdemeanor handled in county court. In Travis County, the petition is randomly assigned among the district courts, so the judge who hears your expunction is usually not the judge who saw the underlying case. That matters less than people expect: a properly drafted petition with a qualifying disposition is decided on the paperwork, not on courtroom history.

The 30-day objection window

After the petition is filed, the agencies named in it — most often the District Attorney’s office and the Texas Department of Public Safety — have 30 days to object. Most objections trace back to petitions that were drafted wrong: a disposition that doesn’t actually qualify, a limitations period that hasn’t run, an agency list that doesn’t match the record. A petition that draws no objection is the quiet mark of one drafted right.

How long until the record is actually gone

The statute sets destruction deadlines after the order is signed — the district clerk and the petitioner’s attorney must destroy their records within 60 days in most cases, while other agencies can take up to a year — but the honest real-world answer is two to four months from the signed order before the record is consistently gone from commercial background checks. Background-check vendors refresh their databases on their own schedules, which is why the firm verifies compliance rather than assuming it.

Court costs are separate from the attorney fee

Expect roughly $450 in filing fees and court costs for a Travis County expunction, and $600 to $800 in most surrounding counties. Those amounts are paid to the court and are separate from the firm’s flat attorney fee, which is quoted at hire — no service charges, no mid-case additions.

What thorough expunction work looks like

An expunction order only reaches the agencies named in it. Naming the arresting agency, the prosecutor, and the courts is the easy part — but arrest records are also resold to private background-check companies and data brokers, and if those agencies are not named in the order, an “expunged” arrest can still surface on a private background check. This firm maintains a list of more than 200 private agencies that can be named on expunction petitions and orders, in addition to the law-enforcement agencies that hold the original arrest records, so the relief reaches as far as the law allows.

Other situations this firm handles regularly:

• Expunction after a pretrial diversion program. When a case is dismissed on completion of a pretrial intervention or diversion program, the arrest often becomes eligible for expunction, and this firm files promptly once the dismissal is entered.
• Early expunction by prosecutor certification. In appropriate cases, Kenneth seeks the prosecutor’s certification that the records are no longer needed, which can allow an expunction before the usual waiting period has run.
• Older cases that require records to be tracked down. For arrests that are many years old, an accurate petition depends on locating records from clerks and storage. This firm does that legwork so the order is complete and the expunction holds.

How long it takes

Travis County. Most cases move from intake to final order in 3 to 5 months.

Williamson County. Most cases move from intake to final order in 4 to 6 months.

Hays County. Most cases move from intake to final order in 4 to 7 months.

Timelines vary based on court calendars, agency response times, and whether any party contests the petition. Kenneth will estimate based on current court conditions in the consultation.

Who handles your expunction

Kenneth Hines leads the expunction and nondisclosure practice at the firm. He handles each case from intake through final order. You will know the attorney working your case. You will not be routed to a paralegal after the initial consultation.

The firm’s paralegal, Christi, handles the administrative coordination with law enforcement agencies after the order is signed, so that certified copies reach every agency that holds a record of your arrest.

Frequently asked questions about Texas expunction

Do I have to appear at the hearing?

Usually no. Most expunction hearings are uncontested, and the firm appears on your behalf. Kenneth will tell you in advance if your case is one of the exceptions.

I was arrested but never charged — can that be expunged?

This is often the most straightforward expunction. When an arrest never led to a formal charge, eligibility typically turns on the waiting period for the level of offense: 180 days for a Class C, one year for a Class A or B misdemeanor, and three years for a felony, measured from the date of arrest. Once that period has passed and no charge was filed, the arrest is usually eligible. The firm verifies that no charge is pending anywhere before filing, because a charge in another county can hold up an otherwise clean petition.

Don’t old arrests just fall off my record after a few years?

No. There is no provision in Texas law that automatically expunges or seals an adult criminal record as time passes. Unlike a bankruptcy that ages off a credit report, a criminal record does not clear itself after seven years, or after any other set period — an affirmative step has to be taken to expunge or seal it. The juvenile system is the limited exception. The firm regularly meets with clients who are surprised to find arrests from decades ago still visible on a background check, precisely because nothing was ever filed to remove them.

My arrest was years ago — can it still be expunged?

Age alone does not disqualify an arrest. Older cases can require locating records from clerks and storage so the petition is accurate and complete; the firm handles that legwork. Eligibility still depends on how the case was resolved.

Does the reason listed on my dismissal paperwork affect whether I can expunge it?

Yes, and it is a detail most people never think to check. Not every dismissal is eligible for expunction, and the reason documented in the dismissal order itself can decide it. If the paperwork shows the case was dismissed because you were convicted in another case arising out of the same events, that dismissed charge is generally not eligible for expunction. If the same dismissal instead states that it was dismissed for lack of probable cause at the time of arrest, the charge can be eligible — and that basis can entitle a person to relief regardless of any waiting period. The firm reads the actual dismissal language before advising on eligibility, because two dismissals that look identical from the outside can carry very different consequences.

Can I expunge a case that was dismissed after a diversion program?

Often, yes. When a case is dismissed on completion of a pretrial intervention or diversion program, the arrest frequently becomes eligible for expunction. The firm reviews the dismissal terms and files once the case is eligible.

I completed deferred adjudication and my case was dismissed — can I get it expunged?

Usually not through expunction, and this is the most common misunderstanding in Texas record clearing. A dismissal that follows deferred adjudication generally does not qualify for expunction, even though the case was technically dismissed. For most completed deferred adjudication, the remedy is an order of nondisclosure, which seals the record from public view rather than destroying it. The significant exception is a Class C misdemeanor: a Class C resolved through deferred disposition (the fine-only counterpart to deferred adjudication, used in justice and municipal courts) can become eligible for expunction once it is successfully completed. The firm reviews the level of offense and exactly how the case ended to identify which remedy — expunction or nondisclosure — actually applies.

Can an expunction be granted before the waiting period is over?

Sometimes. If the prosecutor certifies that the records are no longer needed, an expunction can proceed before the usual waiting period. And where a charge was dismissed for an absence of probable cause, a person may be entitled to expunction regardless of any limitations period. Both depend on the facts of the case.

I had a Class C misdemeanor — are the rules different?

Yes, in two ways that tend to help. First, Class C misdemeanors carry the shortest waiting period when no charge was filed: 180 days from the date of arrest, compared with one year for most other misdemeanors and three years for felonies. Second, unlike higher offenses, a Class C resolved through deferred disposition can be expunged once it is successfully completed, rather than only sealed. Because the court types and procedures vary at this level, the firm confirms the exact level of offense before mapping a path.

Can I expunge a DWI conviction?

No. A DWI conviction cannot be expunged in Texas. A DWI that was dismissed or resulted in acquittal can be expunged. Some DWI deferred adjudications may be eligible for nondisclosure after a waiting period, but most DWI offenses are excluded from nondisclosure entirely. Kenneth will confirm eligibility in the consultation.

What if I have multiple arrests on my record?

Each arrest is evaluated separately. Some may qualify for expunction, some for nondisclosure, and some may not qualify for either. The consultation covers all of them. Fees are quoted per arrest, not per consultation.

Will my expunction show up on a background check?

Once the order is signed and certified copies are sent to the agencies named in it, those agencies destroy the arrest record and it should not return on a legitimate background check. The detail that matters: an order only reaches the agencies it names. The arresting agency, the prosecutor, and the courts are routine — but arrest data is also resold to private background-check companies, and if those are not named, the arrest can still appear on a private check. This firm names more than 200 private agencies on its expunction orders, in addition to law enforcement, so the record is cleared as broadly as the law allows.

If my record is sealed through nondisclosure, who can still see it?

Sealing and erasing are not the same thing, and the difference matters. An order of nondisclosure seals the record from public view, but it stays visible to law enforcement agencies, prosecutor offices, and certain licensing and regulatory agencies that are named by statute (Tex. Gov’t Code § 411.0765). In most everyday situations, such as a routine job application, a person whose record is sealed may lawfully decline to disclose the arrest — but it can still surface with the agencies the statute lists, and you should know that going in. Expunction is the closer thing to truly erased: when an arrest is expunged, the records are destroyed and should not be visible to anyone. Which remedy you qualify for depends on how the case was resolved, and the firm maps that before anything is filed.

Why do cheap online expunction services and DIY petitions often fail?

Two problems come up again and again. First, an expunction order only reaches the agencies it names, and the specific agencies that must be listed differ from county to county — a form-filling service tends to miss the ones that are not obvious, which leaves the arrest sitting in a database the order never touched. Second, the expunction statutes and the cases interpreting them change often, and a service that is not tracking those changes files against last year’s rules. An expunction is effectively one opportunity to get it right, so an order that is incomplete or filed on the wrong basis can be costly to revisit. That is why the firm maintains its own list of more than 200 private agencies and stays current on the statute and case law, rather than relying on a generic form.

Can a Texas Licensing Board See an Expunged Arrest?

No. When a Texas court grants an expunction, the agencies holding the records are ordered to destroy or return them, so a licensing board has no record left to find. The firm has used expunction to protect the careers of doctors, nurses, lawyers, engineers, teachers, law enforcement officers, and graduate-school applicants.

Does a Texas Expunction Restore Firearm Rights?

Generally no — they’re separate issues. Expunction clears an arrest that did not lead to a conviction, and a conviction generally cannot be expunged (the one narrow exception is a minor’s alcohol offense under Alcoholic Beverage Code §106.12). Firearm restrictions flow from convictions, so clearing an arrest record does not restore rights lost to one.

Can a Texas Expunction Clear a Federal Arrest?

Not on its own. A Texas expunction order can reach the federal databases that hold a Texas arrest record — the firm sends the order to those national systems — but it cannot erase a separate federal arrest. Clearing a federal record is discretionary, resting with a federal judge, with no statutory right to it.

Do I file the expunction in the same court that handled my case?

No — every expunction petition is filed in district court, even when the arrest was a misdemeanor handled in county court. In Travis County the petition is randomly assigned among the district courts, so it is usually decided by a judge who never saw the underlying case.

How much are the court costs for an expunction in Texas?

Plan on roughly $450 in filing fees and court costs in Travis County, and $600 to $800 in most surrounding counties. Court costs are paid to the court and are separate from the attorney fee, which is flat and quoted at hire.

Expunction Results

Every case is different, and past results do not guarantee or predict the outcome of any other matter.

Early expunction of a first-degree felony. Attorney Kenneth Hines obtained an expunction of a first-degree felony arrest before the standard statutory waiting period would ordinarily allow, by securing the State’s certification that the records were no longer needed for prosecution.

Expunction of a dismissed felony over the State’s objection. In a Travis County matter where the State objected because the limitations period had not yet run, Kenneth Hines obtained an expunction of a dismissed felony by establishing the charge had been dismissed for absence of probable cause.