Austin Expunctions Attorney

Are You Eligible for an Expunction?

Texas law limits expunctions to specific situations, so not every case qualifies. Under Texas Code of Criminal Procedure Chapter 55A, a person who meets these conditions may petition the court to have all records of the arrest destroyed or returned:

• Your case was dismissed
• You were acquitted at trial
• You were arrested but never formally charged
• You completed a pretrial diversion program that resulted in dismissal
• You received a pardon
• Your charge involved identity theft, where someone else used your information

Completing deferred adjudication does not qualify you for expunction. Deferred adjudication results in a dismissal without a conviction, but it follows a different path: you may be eligible to petition for an order of nondisclosure, which seals the record from public view rather than destroying it. If you are still in the middle of a criminal defense case, resolving the underlying charge is the first step toward becoming eligible.

Benefits of Expunging Your Criminal Record

An expunction does more than remove a line from a background check. It gives you back control over how the world sees you. Here is what expunction makes possible:

• Pass background checks for employment without disclosing a past arrest
• Qualify for housing that requires a clean record
• Apply for professional licenses without a criminal history flag
• Legally deny the arrest ever happened under Texas law
• Protect your privacy going forward

Why Choose CMK Defense, PLLC?

A past arrest should not define what comes next. Our Austin expunction attorney team has more than 30 years of combined experience. We work to restore your good name and help you move forward with a clean record by:

• Reviewing your full case history to confirm expunction vs. nondisclosure eligibility
• Filing the petition and managing all required court submissions
• Following up with agencies to confirm records are properly destroyed
• Walking you through every step so nothing is left unclear

FAQ: What to Know About Expunction

How Long Does It Take to Expunge a Criminal Record?

The timeline varies, but most expunctions in Texas take between 30 and 180 days from the date the petition is filed. Court schedules in Travis County, along with the complexity of your case, can affect how quickly things move.

Will Your Record Still Be Visible After Expunction?

No. Once a court grants an expunction, all government agencies and private databases that received notice must delete the records. It may take a few months before the files are destroyed after the order is signed. You can legally state that the arrest never occurred on applications and in interviews.

Are There Waiting Periods Before You Can File for Expunction?

Yes, in many cases. The timeline depends on how your case ended. Acquittals have no waiting period, and you can petition the court right away. For cases that were dismissed or never charged, you may need to wait until the statute of limitations has expired. Pretrial diversion completions follow a different timeline. For specifics, see Texas Code of Criminal Procedure Chapter 55A.

What If You Don’t Qualify for Expunction?

You may still be eligible for an order of nondisclosure, which seals your record from public view. Nondisclosure does not destroy the records, but it limits who can access them, keeping them off most background checks.

Speak to Our Austin Expunction Attorney

Do not let an old arrest continue to affect your opportunities. Contact CMK Defense, PLLC at (512) 375-3303 or reach out online to schedule a consultation with our expunction attorney in Austin, Texas, who will guide you through every step of the process.