Can you clean up your record?
- Did you get in trouble in Texas?
- If your case is from another state, you will need to contact a lawyer in that state to find out about expunction eligibility. For Texas cases, continue with this chart.
- Was your case dismissed?
- If the charges were dismissed, you ARE eligible for an expunction.
- If the charges were not dismissed and you were convicted, you are NOT eligible for an expunction.
- If the charges were not dismissed but you were NOT convicted, you may be eligible to have your record sealed.
- People who completed a Deferred Disposition are eligible to have their records expunged.
- Did you serve formal probation? (ex: paid monthly probation fee, checked in with probation officer each month, submitted to drug tests, etc.)
- If you had to serve probation, you are NOT eligible for an expunction. However, you may be eligible to have your record SEALED from the public if you were not convicted.
- People who completed a Deferred Adjudication are eligible to have their records sealed.
- How long has it been since you got in trouble?
- You must wait at least 6 months after receiving a ticket and one year for all other misdemeanors.
- If you got in trouble for underage drinking, you must wait until you turn 21.
- Questions?
- If you need help or have additional questions, please call for a free consultation.
If you are able to clean up your record, please follow the steps listed below for an expunction.
Expunction Checklist
- Request a copy of your official criminal history and fingerprint card.
- Contact the Department of Public Safety at (512) 424-2000 to locate the nearest location.
- Request a copy of the Order of Dismissal from the county your case was located in.
- If your case was in a County Court, call the County Clerk.
- If your case was in a District Court, call the District Clerk.
- You or your lawyer prepares the Original Petition and Order using the information from your DPS record and Dismissal.
- File it in the District Clerk’s Office for the county the case occurred in.
- There is a filing fee for every expunction petition in Hays County of $267 and in Travis County of $252.
- Depending on the county, there are also $10 to $15 notification costs for each agency that must be notified about your petition. Generally, notification fees do not cost more than an additional $100.
- At least30 days must pass before a hearing can be held.
- Hearing in District Court.
- If there are no objections, it’s automatically granted.
- If there are any objections, contact the agency who objected and determine if you can fix the problem. If the problem is resolved, the expunction will be granted.
- Once signed, the clerk will send out notices to the agencies and the defendant will get an official copy of the Order.
- If you discover later that an agency still has the information and is displaying it, you should send them a letter requesting removal and includea copy of Order.