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Expunctions/Record Sealing Boldly Defending Your Best Interests

Austin Expunction and Non-Disclosure Lawyers

Expunctions & Record Sealing

Many people don’t realize that even if you are not ultimately convicted, your arrest or dismissal will be on your record for the rest of your life in the Texas Department of Public Safety Computerized Criminal History System. Many people also (incorrectly) assume that after completing deferred adjudication, the record of your conviction will “disappear” from their criminal history. This is not the case. If you have not taken any steps to clear a record from your criminal history, it can still be seen by employers or anyone else who performs a simple background check.

Central Texas Record Sealing Attorneys

Having a charge from an arrest or dismissal on your background can have devastating consequences. Let the lawyers at Smith & Vinson Law Firm work for you to clear your record. We work to seal client’s records in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto and around the Central Texas area.

Contact our Austin expunction & record sealing lawyers now for a free consultation at (512) 359-3743.

In Texas, there are two possible methods for clearing your criminal history: Order of Expunction and Order of Non-Disclosure.

Texas Order of Expunction

An order of expunction will erase your criminal record. There are only a few situations in which you can get an order of expunction. These are:

  • You were found not guilty at trial
  • Your charges were dismissed
  • You got a deferred disposition on a Class C Misdemeanor
  • You won on appeal
  • You were granted a pardon by the governor

If you were found not guilty at trial, had your charges dismissed or were granted a deferred disposition on a Class C Misdemeanor call the Austin expunction & record sealing attorneys at Smith & Vinson Law Firm today and set up a free consultation. We will review your case to determine if you are eligible for an expunction or an order of non-disclosure.

Please note: Convicted cases cannot be expunged.

Texas Order of Non-Disclosure

In cases where you have completed deferred adjudication, an Order of Non-Disclosure will “seal” your records, so that the general public cannot see it. Sealed records can still be viewed by criminal justice agencies. It is important to note that judges have complete discretion in whether to grant Orders of Non-Disclosure and can do so only “in the best interest of justice.” For this reason, it is important that you not attempt to handle an Order of Non-Disclosure without the assistance of an Austin expunction lawyer.

Some additional restrictions you should note are:

  • For certain Class A and Class B Misdemeanors, there is a 2 year waiting period after completing deferred adjudication
  • For felonies, this waiting period is 5 years
  • Certain crimes are not able to be sealed, such as DWI, murder, aggravated kidnapping, sex offense, or family violence

Who can petition the court to seal their DWI under HB 3016?

  • Never been convicted or placed on deferred adjudication for anything besides minor traffic violations
  • Successfully completed DWI probation
  • Waiting period has elapsed: 2 years if the person successfully completed a period of at least six months with an ignition interlock device as a part of the sentence; OR 5 years if there was no interlock requirement as part of the sentence

What disqualifies someone from sealing their past DWI conviction under HB 3016?

  • The DWI offense was a 2nd or more
  • The DWI involved a breath or blood test greater than .15
  • The DWI involved a crash or injury to another person

This is really big news for so many people who have a DWI conviction on their record and have lost countless job opportunities.

In order to maintain your personal and professional reputation, it is important to keep your criminal record free of items that do not belong there. Call our Austin expunction & record sealing attorneys from Smith & Vinson Law Firm today and let a competent and experienced Austin expunction lawyer take a look at your situation. We will fight for you to make sure the past remains in the past so that you can move on with your life.

Expunction Attorneys in Austin, Texas Protecting Your Rights

If you need your records sealed in Austin, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas contact Smith & Vinson Law Firm.

At Smith & Vinson Law Firm, we take your case seriously and fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers that will fight for you from day one to get the best possible resolution for your case.

Contact our office today for a free initial consultation. Our Austin expunction lawyers can be reached at (512) 359-3743.

Our Client Reviews

Earning Our Reputation by Protecting Yours
  • Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.
    - Linda W.
  • What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.
    - Former Client
  • When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.
    - Nikki C.
  • After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.
    - Former Client

    A Proven Track Record

    Check Out Our Recent Case Results
    • NOT GUILTY DWI

      911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.

    • Case Dismissed Felony Assault Family Violence

      Our client was charged with felony Assault Family Violence for allegedly attacking her ex-boyfriend and scratching his face. The State appeared ready to file enhanced charges. Upon receiving the evidence, our firm found issues with the police video and discovered that the 9-1-1 call did not indicate that our client as the first aggressor.

    • Case Dismissed; Charges Reduced Solicitation of a Minor

      Our client was a legal permanent resident with no criminal history when he was picked up for solicitation of a minor after a sting operation. He faced serious immigration consequences if convicted of a crime of this nature. In addition, the evidence against him was substantial and he was looking at prison time.

    • Case Dismissed Terroristic Threat

      Our client was reportedly heard making terroristic threats by some members of his seventh-grade class. Police charged him with a felony. Our client was a boy scout who was well-liked by teachers but had developed ADHD and was being bullied.

    • Not Guilty 2nd DWI

      Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.

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