Trey Porter Law

AUSTIN EXPUNGEMENT LAWYERS

Expunction and Record Sealing Attorneys for Austin, Round Rock, Georgetown & San Marcos

(512) 201-4381
Request Free Consultation

Criminal records are public records, and they can follow you into hiring decisions, licensing applications, and housing screenings. Texas does not automatically remove arrests or charges – records stay public unless you take legal action. Expunction can permanently delete eligible records, and nondisclosure can seal records from public view.

Trey Porter Law helps people clear criminal records in Austin and the surrounding area with filings built to avoid delays, denials, and eligibility problems.

Reviewed by Trey Porter
Expungement & Nondisclosure Attorney

Trey Porter focuses on clearing criminal records through expungement and nondisclosure for people in Austin and the surrounding area. A member of the National College for DUI Defense, the Texas Criminal Defense Lawyers Association, and the Austin Criminal Defense Lawyers Association, he has helped thousands of people protect their opportunities, pass background checks, and move forward with confidence.

This page was reviewed for legal accuracy for Austin and Travis County, including nearby communities such as Round Rock, Georgetown, and San Marcos, in January 2026.

Table of Contents:
Austin expungement lawyers here to help you expunge your record.

WHAT IS AN EXPUNCTION? 

An expunction is a court order that permanently destroys all physical and digital records of an arrest. Once granted, law enforcement agencies, courts, and government databases must delete the records, allowing you to legally deny the arrest ever occurred, as permitted under Texas Code of Criminal Procedure Chapter 55.

DO MUGSHOTS GET EXPUNGED? 

Yes. Mugshots get expunged from official sources. An expunction order requires law enforcement agencies, including police departments, sheriff’s offices, the FBI, and Texas DPS, to delete the mugshot and all related arrest records.

Third-party “mugshot websites” don’t automatically remove images after an expunction. These sites are private companies, not government entities. While many remove content after receiving notice of the expunction, some require formal demand letters to fully remove the records.

WHO QUALIFIES FOR EXPUNCTION IN TEXAS?

Most charges qualify for an expunction in Texas if the case was dismissed without probation. The most common qualifying outcomes include:

  • A not guilty verdict at trial
  • A pretrial dismissal for lack of probable cause
  • A dismissal at trial due to a missing witness
  • A grand jury decision not to indict
  • Successful completion of a qualifying pretrial diversion program

A criminal case resolved through deferred adjudication is not eligible for expunction under Texas law. The only record-clearing relief available after deferred adjudication is an order of nondisclosure, which seals – but does not erase – the record, pursuant to Texas Government Code Chapter 411. Eligibility for nondisclosure also depends on the offense type and criminal history.

typical waiting period for expunction in Texas

WHAT IS THE WAITING PERIOD FOR EXPUNCTION IN TEXAS?

There’s no waiting period for expunction if you were found not guilty at trial or you successfully completed a qualifying pretrial diversion or intervention program and the case was dismissed.

If you were arrested and no charges were filed, Texas law sets the waiting period as:

  • Class C misdemeanor: 180 days from the date of arrest
  • Class A or B misdemeanor: 1 year from the date of arrest
  • Felony: 3 years from the date of arrest

When charges are filed, Texas law pauses the statute of limitations while the case is pending. The clock resumes once the dismissal is entered, extending the waiting period accordingly.

Still have questions? See our guide on what crimes qualify for expunction in Texas for timeline specifics by charge, or call (512) 201-4381 and we’ll tell you what your timeline looks like and what next steps are.

GET A FREE ATTORNEY-REVIEWED EXPUNCTION ELIGIBILITY CHECK TODAY

Not every arrest qualifies for expunction or record sealing. Texas law is precise, and mistakes in the expunction process can permanently limit your ability to clear a record.

That’s why Trey Porter Law offers a free, attorney-reviewed expunction eligibility check – completed the same day in most cases.

How it works:

  • Submit a contact form with your case details
  • Your charges are reviewed by an experienced expunction attorney
  • You receive a clear answer on eligibility and any applicable waiting periods

If you qualify, we’ll explain the next steps. If you don’t, we’ll tell you that too – before you waste time or money.

This process is confidential and handled by Texas lawyers in Texas. No call centers. No robots.

Best expungement lawyers in Austin, ready to help, with text on image reading "are you eligible? find out now"

WHO ARE THE BEST LAWYERS NEAR ME FOR EXPUNCTION? 

There’s no official ranking for expunction lawyers in Texas. The right lawyer depends on your case, finances, and the complexity of your record.

Experienced expungement lawyers are most often the best because they’ve seen every scenario play out from getting an expungement early to overcoming prosecutor and DPS objections before a judge at the hearing.

Money matters too. With lawyers, like with anything, you often get what you pay for, but if you have limited finances, your options for expungement lawyers will also be limited.

Trey Porter Law represents people seeking expunction across the Austin Metro area, from Georgetown and Round Rock through Austin and Travis County, down to Bobcat Country in San Marcos.

We handle expunction matters involving dismissals, acquittals, no-bills, and pretrial diversions, including cases where eligibility and timing require careful statutory analysis under the Texas Code of Criminal Procedure.

Austin Expungement Lawyers – Travis County

Expunction petitions for arrests in Austin are filed in the Travis County District Courts. These cases are handled through the Texas e-filing system and require properly prepared petitions, orders, and complete agency listings to be reviewed and processed by the District Clerk and the court.

Our Austin expungement lawyers prepare filings that comply with Travis County procedures so expunction orders can be reviewed and entered without unnecessary delay.

Round Rock & Georgetown Expungement Lawyers – Williamson County

Expunction cases arising from arrests in Round Rock and Georgetown are filed in the Williamson County District Courts. Successful expunction requires accurate identification of all arresting, booking, and reporting agencies associated with the case, as well as correct cause numbers and disposition information reflected in county records.

Our Round Rock expungement lawyers and Georgetown expungement lawyers prepare petitions that account for these requirements so expunction orders can be properly served on all relevant agencies.

San Marcos Expungement Lawyers – Hays County

Expunction petitions for San Marcos arrests are filed in the Hays County District Courts. As with all Texas expunctions, petitions must satisfy statutory eligibility requirements and accurately reflect the procedural history of the case and the agencies involved.

Our San Marcos expungement lawyers prepare filings that address statutory eligibility and agency reporting so expunction orders can be processed efficiently.

process for expunging a criminal record

WHAT IS THE PROCESS FOR EXPUNGING A CRIMINAL RECORD? 

The process for expunging a criminal record in Texas involves four main stages: eligibility determination, petition filing and agency notice, judicial review, and compliance. Although the steps sound straightforward, expunction is highly technical. Filing too early, naming the wrong agencies, or submitting an improper order can derail or delay the process entirely.

  • Eligibility Determination. Eligibility determination is the most important step in any expunction case. Filing before you are legally eligible wastes time and money and can complicate future expunction attempts. Eligibility depends on the offense, the case outcome, statutory waiting periods, and whether charges were filed.
  • Petition Filing and Agency Notice. A formal Petition for Expunction must be filed in the correct Texas District Court and served on every agency connected to the arrest or case. Notice is handled electronically through the Texas eFile system, but missing even one required agency can prevent the expunction from being granted or enforced.
  • Judicial Review and Hearing. Expunction hearings are usually brief, but prosecutors have the right to object. Objections often involve eligibility or timing issues, and judges expect clear statutory authority to resolve those disputes. Proper preparation is essential to ensure the record is expunged as requested.
  • Order and Compliance. If the judge grants the expunction, an Order of Expunction is signed and transmitted to all listed agencies. Clerks and agencies are then responsible for deleting records, and compliance must be monitored to ensure the expunction is fully carried out.

Trey Porter Law files expunction petitions in Texas District Courts as a matter of practice. District Courts have broad jurisdiction to expunge records originating in Municipal, Justice of the Peace, and County Courts, allowing expunction orders to be entered and enforced statewide.

HOW MUCH DOES IT COST TO EXPUNGE YOUR RECORD?

As of 2026, the cost to expunge a criminal record in Texas typically ranges from $1,500 to $5,000. The total cost depends on filing fees, notice requirements, record retrieval, and attorney fees.

A botched expunction is expensive. Filing in the wrong court, missing agencies, or misunderstanding eligibility can result in denials, setbacks, or the need to start over. In counties like Travis, Williamson, and Hays, local knowledge keeps cases on track and avoids unnecessary complications.

Trey Porter Law has decades of experience successfully expunging criminal records in the Austin area, but we are not the only qualified option. Regardless of who you choose, expunction is one area of criminal law where cutting corners often costs more in the long run. Do your homework and choose a firm – not a website business – you trust to restore your record and reputation.

how long does an expungement take. Contact us banner

HOW LONG DOES AN EXPUNGEMENT TAKE?

Most expunctions in Texas take around six months from filing to full completion. In some cases, an expunction petition can be filed and granted by the court in 90 days or less when eligibility is clear and delays are avoided.

The remaining time is typically driven by court clerks distributing the order and individual agencies completing compliance.

There is no fixed timeline for agency compliance under Texas law. Some agencies act quickly, while others take months to fully delete records.

DO EXPUNGED RECORDS SHOW UP ON BACKGROUND CHECKS?

No. Expunged criminal records in Texas don’t appear on background checks once the Order of Expunction has been entered and agencies have complied.

This is one of the most important practical benefits expunction offers. We get this question weekly, especially from nurses and nursing students in Austin.

For a nurse-specific breakdown of how expunction interacts with the Texas Board of Nursing, read Can You Be a Nurse With a Criminal Record in Texas?

CAN EMPLOYERS SEE AN EXPUNGED RECORD IN TEXAS?

No. Once an Order of Expunction is entered and agencies have complied, the record is destroyed and should not appear on employer background checks. You can legally answer “No” if asked about the arrest or case on a job application.

This matters most for licensed and trust-based careers. We get this question constantly from Austin real estate agents, brokers, and leasing professionals from Pflugerville down to Buda. 

For a real estate-specific breakdown, read Can You Be a Real Estate Agent With a Criminal Record in Texas?

can a DWI in Austin be expunged?

CAN I EXPUNGE A DWI IN TEXAS?

It depends on how the case ended. A DWI conviction cannot be expunged in Texas. However, dismissed DWI charges may be eligible for expunction, depending on the specific disposition and statutory waiting periods.

Eligibility is controlled by how the case was resolved, not by overall criminal history.

Trey Porter Law has extensive experience resolving DWI cases in a way that preserves future expungement eligibility, and the firm has successfully expunged many dismissed DWI charges across Travis, Williamson, and Hays Counties.

  • If you’re currently facing DWI charges and expungement eligibility is a priority, review our Austin DWI Lawyers page for guidance on how cases can be resolved with record-clearing in mind.

  • If your DWI case is already closed and you need a clear answer on expunction eligibility, check out our detailed DWI expungement article. It explains qualifying outcomes, waiting periods, and common disqualifiers.

Note: Whether a DWI arrest occurred in Austin, Round Rock, Georgetown, or San Marcos, the statutory rules governing expunction eligibility are the same statewide. Filing procedures and clerk practices, however, can vary by county.

IS IT BETTER TO HAVE YOUR RECORD SEALED OR EXPUNGED?

It’s better to have your record expunged. Texas law provides only two mechanisms for clearing criminal records: expunction and nondisclosure. Expunction is the strongest and most complete remedy available under Texas law.

Here are the key differences:

  • Expunction permanently deletes criminal records. Arrest records, mugshots, court files, and agency records are destroyed and no longer exist for any purpose.

  • Nondisclosure seals criminal records. Records are hidden from public view, but government and quasi-government agencies retain access.

An Order of Nondisclosure prevents most private employers and background check companies from seeing a case, but it does not destroy the record. Nondisclosure is typically the remedy available for cases resolved through deferred adjudication, which is a statutory disqualification for expunction in Texas.

Texas law does not allow a choice between expunction and nondisclosure. A criminal case may qualify for one or the other – or neither – but never both.

Do you need a lawyer for expunction?

DO I NEED A LAWYER FOR EXPUNCTION? 

It’s not legally required, but yes – you need a lawyer for expunction. You’re allowed to file an expunction pro se (on your own) in Texas, but the risk is high.

Expunction requires strict eligibility analysis, correct filings, and proper notice to every agency involved. One mistake can cause delays, denials, or force you to start over.

Many people search for things like “how to expunge your record in Texas for free,” “free expungement online,” or “how to expunge a misdemeanor in Texas without a lawyer.” While forms such as a Petition for Expunction Texas PDF exist, they don’t account for case-specific eligibility, agency notice requirements, or local court procedures. There is also no “new expungement law in Texas” that makes expunction automatic or easy.

A good Texas expungement lawyer handles eligibility, filings, notice, and objections so the expunction is done correctly the first time.

WHY HIRE TREY PORTER LAW FOR EXPUNCTIONS?

Trey Porter Law is a local Austin law firm, operated by Texans, for Texans. No robots. No call centers. We represent people across Austin and nearby communities – including Round Rock, Georgetown, and San Marcos – whose futures depend on getting expunctions done right the first time.

Trey Porter personally oversees the firm’s expunction practice. From eligibility determination through a signed order, expunctions at Trey Porter Law are handled with direct attorney involvement – not handed off to software or outsourced staff.

Our team regularly files expunctions in Travis, Williamson, and Hays County District Courts. We know the faces in the hallways and courtrooms from our focused DWI and Public Intoxication practice. These local insights help us avoid delay and keep cases on track.

Criminal records are public records. If you’re moving forward in life, don’t let your record move with you. Contact our team for a free eligibility check. Our Austin-based team is personally invested in outcomes that make a real difference.

Austin Criminal Defense and Record Clearing

Trey Porter Law represents clients across Austin, Round Rock, Georgetown, and San Marcos for Expungement, DWI, and Public Intoxication.

DWI
Public Intoxication

Client Reviews

Google logo showing a capital "G" with segments in red, yellow, green, and blue, bordered by an orange circle.

M. T.

To sum it up: I’d say Trey Porter Law is the best of the best in Texas. I called around and this office is the one that gave me the feeling of freedom and happiness for the future goal in life. I really really am grateful and would 100% recommend them to all.

Read more reviews
Read more reviews
Google logo showing a capital "G" with segments in red, yellow, green, and blue, bordered by an orange circle.

J. Atkinson

At a time when I needed the best representation in my corner, Porter Law was there. I was able to get everything expunged from my record due to Trey and his team working diligently for me. Completely saved my life personally and professionally. I can’t thank Mr. Porter and his team enough.

Read more reviews
Google logo showing a capital "G" with segments in red, yellow, green, and blue, bordered by an orange circle.

C. McDaniel

I can’t even begin to say how wonderful this law firm is. I have never had such kind, communicative and caring service from an attorneys office. I don’t think I ever waited even so much as an hour to hear back from them. And I barely had to because they kept in constant communication. Received fantastic results. Highly highly recommend.

Read more reviews
 
Get Results. Get Started

Get In Touch

Trey Porter Law
901 S MoPac Expy Bldg.1, Suite 300, Austin, TX 78746

Phone: (512) 201-4381