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San Antonio Expunction & Record Sealing Attorney

You Won Your Case. Your Record Didn't Get the Message.

A dismissal, a no bill, an acquittal: none of them erase the record of the arrest. It stays visible to employers, landlords, and licensing boards until a court orders it destroyed. Austin Hagee is a former Bexar County prosecutor who files expunctions and sealing orders, and in most cases you never set foot in a courtroom.

A Former Prosecutor Who Knows How the Other Side Thinks

Nobody warns you about the second problem. When the charge goes away, life is supposed to go back to normal, but then a background check discovers the record of the arrest during a job offer, a lease application, or a nursing license renewal. Texas keeps that record public unless someone petitions to remove it. And that's where we come in. We'll handle that petition, and tell you honestly whether it will succeed before you spend any money.

Two Ways to Clear a Record, and They Are Not the Same

Texas gives you two separate tools. Which one applies depends entirely on how your case ended.

Expunction Order of Nondisclosure
What It Does Destroys the record Seals it from public view
Who Can Still See It Nobody, in practical terms Law enforcement and certain licensing agencies
Can You Legally Deny the Arrest Yes, in most situations No, and it must be disclosed for some licenses
Governing Law Code of Criminal Procedure ch. 55A Government Code ch. 411, subch. E-1
Typical Trigger Dismissal, acquittal, no bill, no charges filed Completed deferred adjudication or certain probation

Expunction is the stronger remedy and the narrower one. Nondisclosure reaches more people because most completed deferred adjudication cases qualify.

Not Sure Which Remedy Applies to Your Case?

Tell us how it ended, and we will tell you what is available and when. The eligibility review is free.

Who Qualifies for an Expunction

Eligibility turns on the outcome of your case, not on how serious the original charge sounded.

You are generally eligible if you were arrested and never charged, if the prosecutor dismissed the case, if a grand jury returned a no bill, if a jury or judge acquitted you, if the arrest resulted from identity theft or a clerical error, or if you completed deferred disposition on a Class C misdemeanor. A conviction later pardoned by the Governor or the President also qualifies.

You are generally not eligible if you were convicted, if you completed community supervision on anything above a Class C, or if the charge is still within a window where the State could refile.

The Deferred Adjudication Trap

This one costs people the most. Completing deferred adjudication on a Class A or B misdemeanor or a felony does not make you eligible for expunction, even though the case ended without a conviction. Nondisclosure is the remedy there, and for most nonviolent misdemeanors it is now automatic once the deferred adjudication is discharged. Filing the wrong petition wastes your filing fee and your time.

When You Can File

Timing is where good cases get denied. An acquittal carries no waiting period, and the court must enter the expunction order within 30 days of the verdict upon request. Everything else runs on a clock that starts the day you were arrested.

Situation Wait before filing
Acquitted at trial None, file immediately
Arrested, Class C, no charges filed 180 days from arrest
Arrested, Class A or B misdemeanor, no charges filed 1 year from arrest
Arrested, felony, no charges filed 3 years from arrest
Charges filed then dismissed Depends on the offense and the reason for dismissal

One shortcut exists. If the prosecutor certifies in writing that the records are not needed for any investigation or prosecution, we can file before the waiting period runs. Getting that certification is a conversation with the DA's office, which is a conversation Austin has been on both sides of.

Note that the misdemeanor waiting periods only apply when no felony charge arose from the same arrest. When one did, the three-year felony clock controls.

How Clearing Your Record Works

Filing is paperwork, and paperwork is where these cases are won or lost.

We start with an eligibility review, because a petition filed too early or under the wrong statute gets denied and the fee is gone. From there, we pull your criminal history and fingerprints, then draft the petition. That petition must name every agency and private database holding a copy of your record, from the arresting department and the district clerk to DPS and commercial background check companies. Miss one and your record stays alive in that system after the order is signed.

Once filed, the court notifies the State. The District Attorney can object, and if they do, a hearing is held. That is the moment when knowing how prosecutors evaluate these petitions matters. When nobody objects, the judge signs the order, and the agencies are directed to destroy or return the files. As of September 2025, those orders can be delivered to agencies electronically at no additional cost to you.

But most clients never have to appear in court. We handle the filing, the service, and any objections to the petition.

What Changes Once the Order Is Signed

Expunction closes the subject. You can answer no when an application asks whether you have been arrested, and the destroyed record cannot be used against you if you are ever charged again.

Sealing works differently, and the difference matters. Employers and landlords running standard background checks will not see the record. Police and prosecutors still will, and a handful of state licensing applications, including some teaching and healthcare credentials, can require disclosure anyway. We'll explain to you which category you land in before you file, not after.

One practical caveat worth knowing: private background check vendors sometimes keep stale data after a court order. Part of our work is notifying the ones that matter so the record actually disappears from the reports employers buy.

Situations We See Often

  • A case we already won. More than 350 of our clients have had charges dismissed, and that number increases every year. A dismissal is the beginning of the clearing process, not the end, and we frequently handle expunctions for cases this firm successfully defended.
  • A DWI that went away. A dismissed or reduced DWI can often be expunged. A DWI conviction cannot be sealed, which is the strongest argument for fighting the charge before it becomes a conviction. See DWI defense.
  • A young mistake. Juvenile records follow different rules under the Family Code, and some are restricted automatically. Others need a petition. Parents ask us about this constantly, and the answer depends on the offense, the age, and the outcome.
  • A Class C from years ago. Public intoxication, minor in possession, disorderly conduct, an open container: small charges that still surface on background checks. Deferred disposition on a Class C is one of the few paths that leads to full expunction.
  • A drug paraphernalia charge. It is only a Class C, but it is classified as a drug offense, which can affect federal student aid. Clearing it matters more than its penalty suggests.

Still Carrying an Arrest You Were Cleared Of?

A former Bexar County prosecutor will tell you whether it can be expunged or sealed, and when, on a free and confidential call.

Check If You're Eligible, Free
(210) 500-3700

Available 24/7 for new inquiries

Real Results: 350+ Cases Dismissed for Our Clients

Every dismissal on this list is a record that can potentially be cleared.

See If Your Record Can Be Cleared

Past results do not guarantee a similar outcome. Every case is different.

Clear Pricing, Flat Fees, Payment Plans

Clearing a record is one of the more affordable things we do, and one of the highest-value. We quote a flat fee in writing before you hire us, explain filing fees up front, and finance our own clients with monthly terms.

Ask About Payment Options
(210) 500-3700

Available 24/7 for new inquiries

Why San Antonio Clients Choose Austin Hagee Law Firm

Austin Hagee Austin Hagee

Meet Austin Hagee, Former Prosecutor and Trial-Tested Defender

Before defending the accused, Austin Hagee prosecuted them as a felony prosecutor for the Bexar County District Attorney’s Office. A St. Mary’s University School of Law graduate with honors, recognized by Super Lawyers and the National Trial Lawyers, he has taken a case to trial every year since he was licensed. He also handles pardon applications and certificates of rehabilitation for clients whose records fall outside the expunction and sealing statutes.

Where We File

Our office sits on Austin Highway, minutes from the Bexar County courts where most of these petitions are filed. We handle expunctions and sealing orders in San Antonio and the surrounding counties, including Comal (New Braunfels), Guadalupe (Seguin), Hays (San Marcos), Kendall (Boerne), and Atascosa (Pleasanton), and we file in Travis County and elsewhere in Texas as needed.

See San Antonio criminal defense or our full areas we serve.

Our Office

120 Austin Hwy #103 San Antonio, TX 78209

See All Areas We Serve
Boerne New Braunfels San Marcos Seguin Atascosa County

Frequently Asked Questions

Ready to Put the Arrest Behind You?

Call us or request your free, strictly confidential eligibility check online. We answer new client inquiries 24 hours a day.

    (210) 500-3700

    Available 24/7 for new inquiries