UCW Expungement in Austin, TX — Expunging an Unlawful Carry Conviction

If you were convicted of unlawfully carrying a weapon (UCW) in Texas before September 1, 2021, you are now entitled by statute to have that conviction expunged — erased, not just sealed. It is one of the only criminal convictions in Texas that can be expunged as a matter of law, and Travis County courts routinely grant these petitions.

Why a Conviction — Not Just an Arrest — Can Be Expunged Here

Texas expunction law almost never reaches convictions. Expunction is normally reserved for arrests that ended in dismissal, acquittal, or no charges at all. When the Legislature passed constitutional carry in 2021, it recognized that thousands of Texans were carrying convictions for conduct that had just become legal — and it did something nearly unprecedented: it created a statutory right to expunge those convictions outright.

That right now lives at Article 55A.005 of the Texas Code of Criminal Procedure (it was originally enacted as Article 55.01(a)(1)(C) by House Bill 1927 before the 2025 recodification). The statute is short and mandatory — a person is entitled to expunction if the offense was committed before September 1, 2021, under Section 46.02(a) of the Penal Code as it existed before that date. No waiting period. No prosecutor’s consent required. The Texas District and County Attorneys Association estimated the law reached well over a hundred thousand old UCW conviction records dating back decades.

One important limit: the right covers convictions under the old subsection (a) — carrying a handgun on or about your person without a license. UCW cases prosecuted under other subsections, such as certain vehicle-carry cases charged alongside another offense, may not qualify. Whether your specific conviction falls inside the statute is exactly what we screen for in the first conversation.

What an Old UCW Conviction Is Costing You

A UCW conviction is a firearm offense on a background check — and it reads that way to every landlord, employer, and licensing board that pulls your record, even though the underlying conduct is now legal in Texas. Our clients have been turned away from housing, passed over for jobs, and flagged on routine background checks over a decade-old carrying charge. Once the expunction order is signed, the records are ordered destroyed, and under Texas law you may lawfully deny the arrest and conviction ever happened.

How the Expunction Process Actually Works in Travis County

This is the process as we practice it — not a statute summary.

Filing. Our office can usually draft and file the petition for expunction within days of being retained. All expunctions are heard in district court, even when the conviction being expunged is a misdemeanor. In Travis County, expunction petitions are randomly assigned among the criminal district courts for the judge’s review and signature.

One petition, multiple offenses. If you have other arrests or charges that are eligible for expunction, we can add them to the same petition — one filing, one hearing, one order clearing everything that qualifies.

Cost. In Travis County, filing fees and service fees together run about $450. In some surrounding counties the combined fees run $600–$800. (Attorney’s fees are separate and quoted flat in the consultation.)

The 30-day window. Once the petition is filed, the hearing can be set no sooner than 30 days out. That window exists so every law enforcement agency listed in the petition — police departments, DPS, the district and county clerks, the prosecuting attorneys — has notice and an opportunity to object.

Objections. In practice, the only entities that object are the County or District Attorney’s office or DPS, and almost always only when a petition is legally ineligible. That’s why the eligibility screen at the front matters. If an objection is filed that we believe is contrary to the law, we argue the petition to the district judge — this firm has been trying criminal matters in Travis County courts since 2004, and we don’t file petitions we can’t defend.

The order. When the judge signs the expunction order, we’re provided a certified copy for your records, and the District Clerk is charged with sending the signed order to every listed agency for destruction of their files.

How long until the record is actually gone. The clerks’ offices and the prosecuting attorney’s office must destroy their records within 60 days. Most other agencies are given up to a year under the order — but in our experience, agencies typically complete destruction much faster, on the order of two to four months.

Our Results

This firm has successfully expunged multiple UCW convictions for clients in Travis County under the 2021 law, along with expunctions and nondisclosures across Central Texas. See our verified case results, including a recent early felony expunction secured before the waiting period expired. Every case is fact-specific.

Why We Don’t Recommend Filing an Expunction Yourself

We do not recommend anyone attempt to draft and file an expunction pro se or through a generic online document service — and not because the paperwork looks intimidating. It’s because a denied petition can permanently bar refiling. There’s no do-over as a matter of course; the opportunity the Legislature created can be lost in a single defective filing.

And the ways to get it wrong are quiet ones. Expunction law changes nearly every legislative session — the governing chapter was renumbered entirely in 2025, and eligibility categories have shifted repeatedly — so a form or guide written even two years ago can be out of date. A petition must list every agency holding records of the arrest; leave one off, and that agency keeps its file even if the order is granted. And eligibility and filing timelines have to be calculated correctly against the specific subsection you were convicted under — the difference between an old 46.02(a) conviction and a vehicle-carry case charged with a companion offense is invisible on most rap sheets and dispositive in court.

What a Defective Petition Costs You

When an ineligible or defective petition draws an objection from the DA’s office or DPS, you’re no longer filing paperwork — you’re litigating against the State in district court, on a record you built yourself. In the best case, you’ve spent the filing fees and months of waiting to end up where you started. In the worst case, a denial permanently bars you from refiling. It is faster and cheaper to file it correctly once.

UCW matters are one narrow lane of Texas expunction law. For the full picture of eligibility, process, court costs, and timelines across all charge types, see the firm’s Texas expungement overview.

Frequently Asked Questions

Can a UCW conviction really be expunged in Texas?
Yes. If the offense was committed before September 1, 2021, under the old Section 46.02(a) — carrying a handgun without a license — Texas law entitles you to expunction of the conviction, not merely sealing. It is one of the only convictions Texas law allows to be expunged.

Is there a waiting period?
No. The statute imposes no waiting period for this category. Eligible petitions can be filed immediately.

How much does a UCW expunction cost in Travis County?
Court filing and service fees run about $450 combined in Travis County; some surrounding counties run $600–$800. Attorney’s fees are quoted separately as a flat fee.

How long does the process take?
The hearing can be held no sooner than 30 days after filing. Once the order is signed, the clerks and prosecutors must destroy their records within 60 days; other agencies have up to a year but in our experience typically finish in two to four months.

What if I was arrested for something else at the same time?
That’s the key eligibility question. The expunction right covers convictions under the old Section 46.02(a) only — UCW prosecutions tied to other subsections, including certain vehicle-carry cases charged with a companion offense, may not qualify. We screen for this before filing, and other eligible offenses can be added to the same petition.

After the expunction, do I have to disclose the conviction?
Once the order is signed, the records are ordered destroyed and Texas law permits you to deny the arrest and conviction in most circumstances — job applications, housing applications, and routine background checks.

Where is the petition filed?
In district court in the county where the arrest occurred — even for misdemeanor convictions. Travis County randomly assigns expunction petitions among its criminal district courts.

Can I file an expunction petition myself, without a lawyer?
You can, but we strongly recommend against it — a denied or defective petition can permanently bar refiling. The most common pro se failures are missing an agency that holds records, relying on outdated forms (the statute was renumbered in 2025), and miscalculating eligibility or filing timelines.

Talk to an Austin Expunction Lawyer

If you’re carrying a pre-2021 UCW conviction anywhere in Central Texas, the law has already decided you’re entitled to clear it — the only step left is filing correctly. Call (512) 369-3737 for a consultation with an Austin criminal defense firm that has handled expunctions across Travis, Williamson, Hays, and the surrounding counties since 2004.