Dismissed
Charge
Assault – Bodily Injury
January of 2026
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.
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.
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.
Tell us how it ended, and we will tell you what is available and when. The eligibility review is free.
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.
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.
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.
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.
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.
A former Bexar County prosecutor will tell you whether it can be expunged or sealed, and when, on a free and confidential call.
Available 24/7 for new inquiries
Every dismissal on this list is a record that can potentially be cleared.
Past results do not guarantee a similar outcome. Every case is different.
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.
Available 24/7 for new inquiries
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.
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.
120 Austin Hwy #103 San Antonio, TX 78209
They describe the same remedy. Texas statutes use “expunction,” and the current law lives in Chapter 55A of the Code of Criminal Procedure, recodified from Chapter 55 in January 2025. Most people search for “expungement,” so both terms appear here.
No. There is no deadline on the far end. Waiting periods set the earliest date you can file, not the latest, so an old dismissal is often easier to clear than a recent one.
Usually not. If the State does not object, the judge can sign the order without you appearing. If there is an objection, we handle the hearing.
Expect a few months. The petition, the notice period for agencies, the judge’s signature, and the agencies updating their systems all take time. Electronic service has shortened the last stage.
A court order binds government agencies. Private data brokers and mugshot sites are a separate problem, and part of our work is notifying the vendors that feed commercial background checks.
Nondisclosure, in almost every case, not expunction. For most nonviolent misdemeanors, sealing is now automatic once the deferred adjudication is discharged, and we can confirm whether yours qualified or needs a petition.
Not through expunction, with one exception: a pardon. If you were convicted and later pardoned by the Governor or the President, expunction becomes available. We also handle pardon applications.
Often yes, though each arrest is evaluated separately and may sit on a different clock. Bring us everything, and we will map it.
Call us or request your free, strictly confidential eligibility check online. We answer new client inquiries 24 hours a day.