Can you clean up your record?

  1. Did you get in trouble in Texas?
  2. 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.
  3. Was your case dismissed?
  4. If the charges were dismissed, you ARE eligible for an expunction.
  5. If the charges were not dismissed and you were convicted, you are NOT eligible for an expunction.
  6. If the charges were not dismissed but you were NOT convicted, you may be eligible to have your record sealed.
  7. People who completed a Deferred Disposition are eligible to have their records expunged.
  8. Did you serve formal probation? (ex: paid monthly probation fee, checked in with probation officer each month, submitted to drug tests, etc.)
  9. 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.
  10. People who completed a Deferred Adjudication are eligible to have their records sealed.
  11. How long has it been since you got in trouble?
  12. You must wait at least 6 months after receiving a ticket and one year for all other misdemeanors.
  13. If you got in trouble for underage drinking, you must wait until you turn 21.
  14. Questions?
  15. 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

  1. Request a copy of your official criminal history and fingerprint card.
  2. Contact the Department of Public Safety at (512) 424-2000 to locate the nearest location.
  1. Request a copy of the Order of Dismissal from the county your case was located in.
  2. If your case was in a County Court, call the County Clerk.
  3. If your case was in a District Court, call the District Clerk.
  1. You or your lawyer prepares the Original Petition and Order using the information from your DPS record and Dismissal.
  1. File it in the District Clerk’s Office for the county the case occurred in.
  1. There is a filing fee for every expunction petition in Hays County of $267 and in Travis County of $252.
  2. 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.
  1. At least30 days must pass before a hearing can be held.
  1. Hearing in District Court.
  1. If there are no objections, it’s automatically granted.
  2. 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.
  1. Once signed, the clerk will send out notices to the agencies and the defendant will get an official copy of the Order.
  1. 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.