Expungement in Austin: Clear Your Criminal Record

HOW MUCH DOES AN EXPUNGEMENT COST IN AUSTIN TEXAS?

An expungement costs up to approximately $5,000 in Austin. However, total expungement fees vary depending on the severity and quantity of cases to be expunged as well as the number of law enforcement agencies requiring service of process in the suit.

• Do I need a lawyer for expungement in Austin Texas? Yes, expungement is a complex process requiring a familiarity with civil procedure, the rules of evidence, and the criminal justice system. A deficient expungement can devastate a person’s professional and educational prospects. Expungement should therefore be handled by an experienced Austin expungement lawyer. Learn more.

• Will my expunged record show up on a background check in Austin Texas? No, a properly expunged record will not appear on a criminal background check in Austin. However, improperly expunged records frequently remain on Texas background checks and law enforcement agency databases. This is one reason it is critical to retain an experienced expungement lawyer when seeking to clear a record in Austin.

HOW LONG DOES IT TAKE FOR AN EXPUNGEMENT TO COME OFF YOUR RECORD IN AUSTIN TEXAS?

It takes approximately 3 to 6 months for an expungement to fully clear a case off a criminal record in Austin. This delay is usually attributable to busy court dockets and administrative staff in law enforcement, government, and criminal justice agencies.

• What crimes cannot be expunged in Austin Texas? Criminal convictions and cases resolved by Deferred Adjudication and community supervision probation cannot be expunged in Austin. Certain serious felonies with no period of limitations, like Murder, are often eligible for expungement as well depending on the circumstances for the dismissal.

• Can I expunge my self in Austin Texas? Individuals may pursue their own expungement in Austin but this is not recommended as expungement is a complex process that can produce devastating consequences if not handled properly. An improper expungement can result in job loss, pretext police investigations, and a continued suspension of gun rights in Texas. Those seeking to expunge a criminal record should consult an experienced Texas expungement lawyer. Learn more.

HOW CAN I GET MY RECORD EXPUNGED IN AUSTIN TEXAS FOR FREE?

Certain indigent individuals can petition for a no-fee expungement by executing an Affidavit of Inability to Pay Costs with the Travis County District Clerk’s Office or in the pertinent court. A defendant is also entitled to a no-cost expungement following a criminal trial acquittal. Learn more. 

• Who qualifies for expungement in Austin Texas? Individuals with criminal charges that were dismissed with no probation generally qualify for expungement in Austin. People who resolved their cases through Deferred Disposition or pretrial diversion also qualify for expungement in Austin.

• How do you start the expungement process in Austin Texas? The expungement process is initiated by filing a Petition for Expunction in district court or the pertinent court in Austin. The petition must be notarized and comply with Texas Code of Criminal Procedure chapter 55. This filing begins the Expunction process which ultimately advances to a hearing where a judge decides whether to grant the Expunction.

HOW LONG AFTER A FELONY CAN YOU GET IT EXPUNGED IN AUSTIN TEXAS?

There is a minimum 3 year waiting period before a person can file to expunge a felony offense in Austin. Some expungements require expiration of the felony’s Statute of Limitations prior to clearing the charge. However, there is no waiting period for expunging a felony acquittal in Texas.

• What cases can be expunged in Austin Texas? Criminal cases that are dismissed without probation can be expunged in Austin. Charges that are resolved by Deferred Disposition and pretrial diversion also qualify for Expunction of case records.

• What misdemeanors cannot be expunged in Austin Texas? Misdemeanor convictions and those resolved by Deferred Adjudication and community supervision probation cannot be expunged in Austin. However, some minor, first-time conviction and probation cases, including certain DWI convictions, may qualify for record sealing by nondisclosure.

DOES CRIMINAL RECORD CLEAR AFTER 7 YEARS IN AUSTIN TEXAS?

No, criminal records do not automatically clear after 7 years in Austin. This is an unfortunate misconception. Even dismissed cases remain on criminal records permanently unless expunged. The only way to remove a criminal record in Texas is by Expunction.

• Can you answer no if your record is expunged in Austin Texas? Yes a person can answer no and deny existence of an expunged record in a job interview or general background inquiry in Austin. This is an incredible advantage for Texans in any sector and a reason to immediately expunge an eligible charge.

• Can I expunge a felony in Austin Texas? Yes, a person can expunge a felony that was dismissed with no probation or resolved by pretrial diversion in Austin. However, some felonies require expiration of their Statute of Limitations prior to expungement. This prevents expungement of some felonies with no period of limitations, like Murder, in some instances depending on the circumstances of the dismissal.

WHAT ARE THE BENEFITS OF EXPUNGEMENT IN AUSTIN TEXAS?

Expungement destroys all records of a charge and allows an individual to deny existence of the expunged case. This is an immeasurable advantage for professionals seeking to further their careers or for students seeking an edge as they enter into their field. Expungement can also help litigants in a variety of contexts like family law cases, including child custody and adoption. 

• Can FBI see expunged records in Austin Texas? No, the FBI cannot see properly expunged criminal records in Austin. However, an improperly expunged record may remain in FBI databases. This is why it is imperative to seek experienced and qualified legal representation when expunging a criminal record in Austin. Learn more.

• How far back does background check go in Austin Texas? Austin background checks can review the entirety of a candidate’s criminal history with no time or date limitation. This means any non-expunged offense will appear on a standard criminal background check in Austin. However, cases that were properly expunged will not appear on a criminal background check in Austin.

WHAT IS THE DIFFERENCE BETWEEN EXPUNGEMENT AND EXPUNCTION IN AUSTIN TEXAS?

There is no difference between expungement and Expunction in Austin. These two words are interchangeable and refer to the same process of deleting a criminal record in Texas. As a formal matter however, Texas law does identify this process as Expunction as opposed to expungement.

• How can I clean my record in Austin Texas? The only way to clear a criminal record in Austin is by Expunction. Expunction is a powerful legal tool that destroys all records of qualifying cases and allows an individual to deny the expunged charge.

• How long does a felony stay on record in Austin Texas? Felonies remain permanently on criminal records in Austin unless they are expunged. Even a dismissed felony will appear on a criminal background check. The only way to clear a felony record in Austin is by Expungement.

CAN I OWN A GUN AFTER FELONY EXPUNGEMENT IN AUSTIN TEXAS?

Yes, a person can own a gun following a felony expungement if they have no other disqualifying factor like a domestic violence conviction or protective order. However, an incomplete or deficient expungement may lead to a continued suspension of Second Amendment rights in Texas. This is one reason to retain an experienced and qualified Expunction lawyer when seeking to expunge a charge in Texas. Learn more.

• What type of felonies can be expunged in Austin Texas? The majority of felonies that are dismissed without probation qualify for expungement in Austin. However, Some serious felonies with no Statute of Limitations, like Murder, are at times ineligible for expungement depending on why they were dismissed.

• Do misdemeanors go away after 7 years in Austin Texas? No, misdemeanors do not automatically go away after 7 years, or after any amount in time in Austin. Even dismissed misdemeanors remain permanently on criminal records in Texas unless they are expunged. The only way to clear a misdemeanor record in Texas is by Expunction.

WHAT IS THE TEXAS 7 YEAR RULE?

There is no Texas 7 year rule where criminal cases automatically disappear from a person’s record after 7 years or any amount of time. Criminal records in Texas are permanent unless expunged. While certain entities are free to only review criminal records within the previous 7 years, the charge itself still remains on a person’s background unless expunged.

• How far back does a FBI background check go in Austin Texas? An FBI background check can review the entirety of a person’s criminal history including cases older than 30 years. Criminal records are permanent even when charges are dismissed. However, a properly expunged criminal record will not appear on an FBI background check.

• Does Texas have 7 year rule background check? Certain employers may choose to only review criminal records within the previous 2, 5, or 7 years as individual policy. However, criminal records are reported permanently on background checks unless they are expunged. The only way to clear a criminal record in Texas is by Expunction as a charge will not ever automatically go away. Learn more.

CAN YOU EXPUNGE A MISDEMEANOR IN TEXAS YOURSELF?

Yes, a person can expunge a misdemeanor themselves without the assistance of a lawyer. It is recommended that expungement be handled by an experienced law firm though as it is a complex process requiring substantial legal knowledge. Additionally, a deficient Expunction can have devastating consequences.

• How long does it take for a misdemeanor to fall off your record in Austin Texas? Misdemeanors never automatically fall off criminal records in Austin. Even a dismissed misdemeanor offense will appear on a background check permanently unless it is expunged. The only mechanism to clear a misdemeanor record in Texas is Expunction.

• Do I need to expunge dismissed charge Texas? Yes, a dismissed charge must be expunged or it will continue to permanently appear on a criminal record in Texas. A dismissed charge will never automatically go away. The only way to remove a dismissed criminal charge from a person’s record in Texas is by Expunction.

CAN I SEAL MY CRIMINAL RECORD IN AUSTIN TEXAS?

Yes, a criminal record can be sealed in Austin by a nondisclosure order. A nondisclosure order will seal the public criminal record of a charge. However, only certain misdemeanor convictions and charges resolved by Deferred Adjudication qualify for record sealing by nondisclosure. Those seeking to seal a criminal record in Austin should consult an experienced nondisclosure lawyer to explore eligibility.

• What shows up on a Texas background check? Criminal records including arrests, convictions, jail sentences, and probation terms will appear on a criminal background check. Even criminal charges that resulted in a dismissal will appear on a background check. Importantly, these records are permanent and do not ever automatically disappear. The only way to delete a criminal record in Texas is by Expunction. Learn more.

• Do misdemeanors show up on background checks in Austin Texas? Yes, misdemeanors will appear on criminal background checks in Austin. Even common but potentially devastating class C misdemeanors appear on background checks. The only way to clear a misdemeanor record in Austin is by expunction.

CAN YOU DENY EMPLOYMENT BASED ON CRIMINAL RECORD IN AUSTIN TEXAS?

Yes, an employer can reject a candidate due to an unfavorable criminal record in Austin. This is a significant advantage for those with expunged criminal records. Professionals and students seeking to further their careers in Austin should consult with an experienced expungement lawyer to discuss eligibility and options.

• How much is an expungement fee in Austin Texas? An expungement fee is up to approximately $5,000 in Austin. Expungement fees ultimately vary depending on the severity and amount of cases to be expunged as well as the number of law enforcement agencies involved in the case.

• How long does it take for an expungement to process in Austin Texas? It takes approximately 3 to 6 months for an expungement to process and for a criminal record to be fully expunged in Austin. This time period is a product of busy court dockets, hearing backlogs, and administrative processing delays in law enforcement agencies.

DOES A FELONY GO AWAY AFTER 7 YEARS IN AUSTIN TEXAS?

No, a felony does not go away after 7 years, or any passage of time in Austin. Even dismissed felonies remain permanently on criminal records in Texas unless expunged. The only way to clear a felony record in Texas is by Expunction.

• Will a sealed record show up on a background check in Austin Texas? A criminal record sealed by nondisclosure will not appear on a public background check conducted by a private entity like a private employer. A sealed record is visible to law enforcement and certain government agencies that regulate professional occupations like the State Bar of Texas and the Texas Medical Board. A full list of these agencies is contained in the Texas Government Code section 411.0765.

• Do arrests without conviction show up on background check in Austin Texas? Yes, arrests appear on criminal background checks even when charges result in dismissal. This is why dismissed charges should be expunged as soon as possible. An arrest record will never go away on its own and remains on state agency registries. The only way to clear an arrest record in Texas is by Expunction.

HOW FAR BACK CAN A CRIMINAL BACKGROUND CHECK GO IN AUSTIN TEXAS?

A criminal background check can review the entirety of a person’s background in Austin. This means cases as old as 30 years and older will appear on an Austin state agency criminal background check.

• How do you get around a background check in Austin? A person can get around a background check in Austin by getting an Expunction. Expunction is a powerful legal tool that destroys all records of a charge and allows the recipient to deny the expunged charge. Those seeking to clear their criminal records should consult an experienced Expunction attorney and law office in Austin.

• What are the requirements for expungement in Austin Texas? Only criminal cases that are dismissed without probation and those resolved by pretrial diversion or Deferred Disposition quality for expungement in Austin. A person seeking an expungement must file a verified Petition for Expunction in district court, or in the pertinent jurisdiction. The petition must identify the Petitioner and list the offense for expunction as well as the law enforcement agencies requiring service of process. Expungement is a complex process that should ideally be handled by an experienced Expunction lawyer in Texas. Learn more.

HOW DO I GET MY RECORD EXPUNGED IN AUSTIN TEXAS?

Expungement requires the preparation and filing of a Petition for Expunction. The petition should be notarized, list the relevant law enforcement agencies, and otherwise comply with chapter 55 of the Texas Code of Criminal Procedure. The case then proceeds to notice and hearing where the trial judge ultimately decides whether to grant the Expunction.

• Who can see my expunged record in Austin Texas? No one can see a criminal record that is properly expunged in Austin. However, an improperly expunged record may still appear on a criminal background check and state agency archives. This is why it is critical to retain an experienced expungement lawyer when seeking to clear a criminal record in Austin.

• Can you get your felony expunged in Austin Texas? Yes, felonies that are dismissed without probation and those resolved by pretrial diversion will typically qualify for expungement in Austin. Some serious felonies with no Statute of Limitations, like Murder, are at times ineligible for expungement depending on the circumstances of the dismissal.

DO FELONIES STAY ON YOUR RECORD FOREVER IN AUSTIN TEXAS?

Felony charges do not ever automatically disappear from a criminal record in Austin. Even dismissed felonies remain permanently on criminal records unless they are expunged. The only way to clear an eligible felony charge in Texas is by Expunction. Learn more.

• Can you buy a gun after expungement in Austin Texas? Yes, a person can buy a gun following expungement in Austin unless they have some other disqualifying factor like a felony conviction or a domestic violence case. However, an improper expungement can result in a continued suspension of Second Amendment rights in certain circumstances. Learn more.

EXPUNGEMENT LAWYER IN AUSTIN | TRAVIS COUNTY, TEXAS

Trey Porter Law represents individuals seeking to expunge criminal records in Austin and Travis County, as well as the surrounding areas of Fredericksburg, Georgetown, Kyle, Lakeway, Lago Vista, Pflugerville, Round Rock, and San Marcos.

Trey Porter Law stands up for the citizen accused. From students to teachers, veterans to first responders, and professionals across varied industries and disciplines, TPL brings a results-oriented & client-focused approach to solving complex problems.

Trey Porter is a Texas SuperLawyer, nationally recognized as a dynamic advocate in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.