Austin Record Clearing Lawyer
Clearing or sealing Texas criminal records via Expunctions (erasure) and Orders of Nondisclosure for qualifying dismissals and deferred adjudications.
What the Charge Means in Texas
Texas provides two distinct legal mechanisms to clean your criminal history: Expunction (complete physical and digital erasure under Code of Criminal Procedure Chapter 55) and Order of Nondisclosure (court-ordered record sealing under Government Code Chapter 411).
Possible Consequences in Plain Language
- Arrest records remain visible on background checks indefinitely even when charges were dropped or dismissed.
- Employers, landlords, licensing boards, and lenders regularly view unsealed arrest histories.
- Expunction completely destroys all records: legally, you can deny the arrest ever occurred.
- An Order of Nondisclosure seals the record from the general public, private background check agencies, and employers.
How Ruben Defends These Cases
1. Comprehensive Criminal History Audit
We obtain and review your certified court dispositions and DPS records to verify statutory eligibility dates and waiting periods.
2. Selecting Expunction vs. Nondisclosure
We determine the appropriate remedy: Expunction for dismissals, no-bills, and acquittals, or Nondisclosure for completed deferred adjudications.
3. Petition Drafting & Agency Notice
We file formal petitions in the appropriate District Court and serve all arresting agencies, county clerks, and the Texas DPS.
4. Court Hearing & Order Execution
Attorney Baeza represents you at the hearing, obtains the signed judge's order, and oversees destruction/sealing verification by state agencies.
Frequently Asked Questions
What is the difference between an expunction and a nondisclosure in Texas?
An Expunction completely erases and destroys all arrest records; under Texas law, you can legally state that the arrest never happened. An Order of Nondisclosure seals the record from the public and private employers, but certain state licensing agencies may still see it.
Can a dismissed criminal charge be expunged in Austin?
Yes. If your criminal charge was dismissed without probation or deferred adjudication (or through a pre-trial diversion program), and the statute of limitations has expired or prosecutor consents, you are generally eligible for expunction.
Are deferred adjudications eligible for expunction?
In Texas, successfully completing deferred adjudication typically disqualifies you from an expunction (except for Class C misdemeanors), but makes you eligible for an Order of Nondisclosure to seal the record.
How long does the expunction process take in Travis County?
From initial petition filing to the final judge's signature and DPS compliance, the expunction process typically takes between 60 and 120 days in Central Texas courts.
Can DWI convictions ever be sealed in Texas?
Under Texas House Bill 3016 (the Second Chance law), certain first-time DWI offenses resolved with deferred adjudication or probation with a BAC under 0.15 may be eligible for an Order of Nondisclosure after a statutory waiting period.
Discuss Your Case With Attorney Ruben Baeza Jr.
Confidential case review. Speak directly with our Austin office to understand your defense options and court dates.