Skilled Expungement Attorneys in San Antonio, Texas
A criminal record can follow you for life, impacting your ability to secure employment, housing, education, and professional licenses. In Texas, certain criminal records may be expunged (completely erased) or sealed through an order of nondisclosure, allowing you to move forward without the stigma of past charges.
At Peek Law Group, our San Antonio Board Certified criminal defense lawyers have been helping individuals clear their records since 1996. We understand that one mistake should not define your future, and we are committed to helping you take full advantage of Texas expungement and nondisclosure laws. Whether you were arrested but never convicted, completed a deferred adjudication program, or were wrongfully accused, we can determine if you qualify to clear or seal your criminal record.
Call Peek Law Group at (512) 399-2311 or fill out our online contact form today to schedule a confidential consultation and learn how we can help you take the next steps toward a clean slate.
What Is Expungement in Texas?
Expungement, legally known as expunction, is the complete removal of a criminal record from public records.
If your record is expunged:
- The arrest, charge, and any court records are permanently erased.
- You can legally deny the arrest or charge that ever happened.
- Employers, landlords, and schools cannot see the charge on a background check.
Expungement is only available in specific cases, and our attorneys will evaluate whether you qualify under Texas law.
Who Qualifies for Expungement in Texas?
Expungement, or expunction, allows individuals to completely erase certain criminal records, meaning that the arrest, charges, and court documents are permanently removed from public records. If you qualify for expungement, you can legally deny that the incident ever occurred, and it will not appear on background checks for employment, housing, or professional licenses.
However, not everyone is eligible for expungement. Texas law has strict qualifications and waiting periods; only certain cases can be removed from your record.
The specific circumstances that may make you eligible for expungement in Texas include:
- Your case was dismissed before trial.
- You were found not guilty at trial (acquitted).
- You were arrested but never charged.
- Your charge was dropped or declined by the prosecutor.
- You completed a pretrial diversion program.
- Your case was dismissed after completing a deferred adjudication program (for certain misdemeanors).
- Your conviction was overturned on appeal.
You cannot pursue an expungement if:
- You were convicted of the offense (unless later overturned).
- You received deferred adjudication for a felony (but may qualify for nondisclosure).
- The statute of limitations has not passed for certain dismissed charges.
Texas expungement laws can be complex, and the process is highly technical. Our attorneys will carefully analyze your case and determine the best path forward. Call Peek Law Group at (512) 399-2311 to discuss your eligibility today.
What Is an Order of Nondisclosure in Texas?
If you do not qualify for expungement, you may still be eligible for an order of nondisclosure, which seals your criminal record from public access. While the record still exists, it cannot be seen by most employers, landlords, or the general public.
You may be eligible if you:
- Successfully completed deferred adjudication probation for certain offenses.
- Were convicted of a low-level, first-time offense and met eligibility requirements.
- Completed all sentencing requirements, including probation, community service, and fines.
Certain offenses cannot be sealed, including:
- Sexual crimes.
- Family violence cases.
- Aggravated felonies.
- Repeat or multiple DWI convictions.
Our trusted criminal record expungement attorneys in San Antonio will help you determine whether you qualify for nondisclosure and guide you through the process. For a consultation, contact Peek Law Group at (512) 399-2311.
How Long Do I Have to Wait Before I Can File For Expungement in Texas?
In Texas, the waiting period to file for expungement depends on the type of charge, whether you were convicted, and whether the charges were dismissed. The state imposes mandatory waiting periods before you can apply to clear your criminal record, ensuring that law enforcement and prosecutors have had sufficient time to pursue charges if necessary.
If you were arrested but never convicted, or your case was dismissed, you may be eligible for immediate expungement in some cases. However, you must wait a designated period before filing a petition for certain offenses.
The expungement waiting periods in Texas include:
If You Were Arrested But Never Charged
If you were arrested but never formally charged, the waiting period depends on the severity of the alleged offense:
- 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.
If the statute of limitations for the offense has expired, you may qualify for immediate expungement.
If Your Charges Were Dismissed
- You may be eligible for expungement immediately if charges were dismissed and the statute of limitations has expired.
- If the statute of limitations has not yet expired, you may need to wait until that period ends before applying.
If You Were Found Not Guilty (Acquitted)
- You can immediately apply for expungement if you were found not guilty at trial.
- If you were acquitted but previously convicted of another offense in the same case, you may not qualify for expungement.
If You Successfully Completed Pretrial Diversion
- If you completed a pretrial diversion program, you may be eligible for immediate expungement upon successful completion.
If You Received a Pardon
- If you were convicted and later pardoned, you may apply for expungement immediately.
If You Completed Deferred Adjudication
- Felony cases where deferred adjudication was completed are not eligible for expungement but may qualify for nondisclosure (record sealing).
- Class C misdemeanors that resulted in deferred adjudication may qualify for expungement after a two-year waiting period.
Expungement may seem like a simple process, but Texas law places strict requirements on who qualifies, how petitions must be filed, and what evidence must be presented to remove a criminal record successfully. One small mistake in the process can result in delays or a denial, leaving your record accessible to employers, landlords, and background check agencies.
At Peek Law Group, we have been helping clients clear their records since 1996. Our board-certified criminal defense attorneys in San Antonio understand how to navigate the legal system efficiently to maximize your chances of success.
Can I File for Expungement Without a Lawyer in Texas?
Technically, you can file an expungement petition independently, but without legal assistance, it increases the risk of rejection.
A minor mistake in paperwork, filing deadlines, or court procedures can result in:
- Unnecessary delays in clearing your record.
- Denial of your petition for failing to meet eligibility requirements.
- A record that remains accessible, impacting your future employment and opportunities.
Given the high stakes, hiring a lawyer is the best way to ensure success.
Our Skilled San Antonio Criminal Defense Lawyer Represents Clients in the Following Practice Areas:
Why Choose Peek Law Group for Expungement & Nondisclosure?
At Peek Law Group, we understand that clearing your criminal record depends on your future.
Here’s why clients trust us with their expungement and nondisclosure cases:
- Board-Certified Criminal Defense Attorneys – Proven expertise in Texas expungement laws.
- Over 25 Years of Experience – Successfully handling record-clearing cases since 1996.
- Tailored Legal Strategies – We develop customized legal solutions for every case.
- Fast & Efficient Filing – Avoid delays and maximize your chances of success.
- Aggressive Advocacy – We fight to clear your name and restore your reputation.
A criminal record doesn’t have to define your future. If you are eligible for expungement or record sealing, we can help you take legal steps to protect your reputation and opportunities.
Call (512) 399-2311 or fill out our online contact form today for a confidential consultation with an experienced San Antonio expungement attorney. Take the first step toward a clean slate today.
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