Skip to Content
The Law Office of Will Mitchell The Law Office of Will Mitchell
Free Consultations 512-858-8611
Top
Expunctions & Non-Disclosures

Austin Expunction Lawyer

Ready to Help You Clear Your Name & Put the Past Behind for Good

Tens of millions of Americans have a misdemeanor or felony charges on their criminal record that eliminates them from procuring a job. In times of high unemployment and fewer available jobs, it is apparent that a youthful indiscretion, or a mistake in judgment means finding a job even more unlikely. If an employer or HR manager has two qualified candidates, one with a criminal history, and one with a clean history, the latter may get preference, leaving the former perpetually unemployed.

At The Law Office of Will Mitchell, we are committed to helping you clean up your criminal history, so you can avoid the above situation. Our Austin expunction attorney has more than 18 years of experience and a thorough understanding of the Texas criminal justice system to guide you through the legal steps to get your record either expunged or sealed from public view. Afterward, you can honestly say that you have never been arrested or charged with a crime.

To request a free consultation to learn if you qualify, contact us today at (512) 858-8611. 

Texas Expunction & Non-Disclosure Laws

One of the most common questions asked is how do I get such and such off my record? Or, can I get my conviction expunged?

The answer is often complicated and uncertain. If you have ever been arrested for anything, you probably have some sort of blemish on your criminal history, even if you weren’t convicted.

We’re not talking about speeding tickets or traffic violations that may appear on your driving record, you’re criminal history is a separate set of information maintained by the Texas Department of Public Safety and by the FBI on the federal level. Some offshore private companies also keep a database containing this information.

If you have ever seen a criminal history report, it contains a lot of information that is generated whenever someone is arrested. This means, you have a criminal history simply for getting arrested, not convicted.

The report has the offense date, location, charge information, arresting agency, and disposition of the case. In Texas, there are two vehicles used to extract arrest information from a criminal history.

The most common and desirable method is an order of expunction. If an individual doesn’t qualify for an expunction, they may be eligible for an Order of Non-Disclosure.

However, unless you were subsequently pardoned, no convictions may be expunged or ordered to be non-disclosed. A conviction means a judge found you guilty of the offense charged. This includes guilty or no contest pleas where there was no deferred adjudication.

If you have been convicted of anything, that offense cannot be cleared off your criminal history, ever. Only cases resulting in dismissals, acquittals, or pardons are eligible for an expunction and/or orders of non-disclosure.

What is an Expunction?

The effect of an expunction is that you can legally deny the occurrence of the arrest and the expunction order. An expunction also requires the destruction of all the records relating to the arrest and prosecution and expunction.

Am I Eligible for Expunction?

You are eligible for expunction if:

  • Person released from jail
  • Charge no longer pending
  • No resulting conviction
  • No community supervision (probation) for anything other that than a class C misdemeanor
  • No felony conviction for previous five-year period

* Felony charges carry the additional requirements: indictment not presented, or indictment presented and dismissed/quashed because of mistake or lack of probable cause and statute of limitations have expired

What is an Order for Non-Disclosure?

The effect of an Order for Non-Disclosure is very similar in that it allows you to legally deny the existence of the arrest and prosecution, but the files are not destroyed and the information can still be used against you in a subsequent prosecution for another charge.

Am I Eligible for an Order for Non-Disclosure?

You are eligible for an Order for Non-Disclosure if:

  • Received deferred adjudication probation
  • Guilty or no contest plea entered
  • Judge has deferred further proceedings without a finding of guilt
  • Successful discharge from probation and charge has been dismissed
  • Two years have passed since discharge on most misdemeanors (several have no waiting period)

*Felonies have same requirements plus a five-year waiting period after discharge from probation

This is a very basic list and there are some potential complicating factors that are not discussed here. Assuming you qualify for one of the above, what is purpose of going through this process?

Why Should You Seek Expunction?

If you have a criminal history, and the charge was dismissed, or you were acquitted, that information is supposed to be listed under the disposition on your history report. There are two problems with this.

  • First, DPS doesn’t always have the correct information, either they were never updated, or they simply didn’t record it correctly. In these situations, your disposition will read “Held” or “Pending”, neither suggesting the case was dismissed or you were acquitted.
  • Second, the files and information still exist and are considered matters of public record for all future employers to gain access. Even though you were not convicted, there still is a Probable Cause affidavit in a clerk’s file that is accusing you of some very nasty things.

If you or a loved one is interested in getting your criminal record expunged or sealed, call us today at (512) 858-8611 and schedule a free consultation. 

Free Initial Consultation

Fill Out this Form to Schedule Today Or Give Us a Call at (512) 858-8611

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • "Will is a fantastic lawyer."
    Will is a fantastic lawyer. He is detail-oriented, organized, responsive, knows the law well, and is very connected in Texas. His office support is top-notch as well. I would hire him again in a heartbeat, although I hope that's never needed.
    Former Client
  • "Mitchell knows the system and how to guide you through it all."
    Well what can I say that everyone else hasn’t said?! Very glad to have found Will Mitchell. Will and his staff are highly professional and will handle your case promptly and efficiently. Mitchell knows the system and how to guide you through it all. While I intend on avoiding anymore run-ins with the law in the future, I definitely would recommend his services to anyone else who might need help.
    Maria
  • "You are in good hands with Will Mitchell."
    Will Mitchell handled my case swiftly, intelligently and was very diligent about getting it resolved in a professional manner. I was very upfront about the circumstances and what he thought I should expect and I appreciated his no BS approach. Candor is imperative when you are dealing with a potentially life changing situation. I would recommend him and have to everyone I know. You are in good hands with Will Mitchell.
    Ross
  • "I would hire him immediately. Great lawyer, five stars."
    Will Mitchell was friendly, courteous, respectful, and while I always felt welcome to ask questions about my case or even chat about the weather, he never wasted either of our time. He clearly explained the convoluted issues I was facing and how we were going to resolve them, and gave me all the information I needed about the process before I hired him so I could make an informed decision about how I was spending my money. He kept my priorities in mind and worked with me on my financial constraints while being clear on what my money would buy me. But best of all I always got friendly updates on what was happening so I was up to date on my legal status. I hope to never need him again but if I ever find myself in a clusterfuck of unpaid tickets I would hire him immediately. Great lawyer, five stars.
    Damianne
  • "I was amazed by his expertise and felt completely confident with his handling of my case."
    Will handled my case in a very timely, professional manner. He worked with me financially, and helped get me through a very stressful situation. I was amazed by his expertise and felt completely confident with his handling of my case. I would recommend him to anyone I know.
    Jennifer S.
  • "His knowledge and poise in the courtroom helped to show that the charges were inaccurate."
    Will was able to defend me and have all charges rightfully dropped. His knowledge and poise in the courtroom helped to show that the charges were inaccurate. Communication with email and by phone was great and all at a fair price. I appreciate Will assisting me with helping to defend my reputation and innocence!!! 5 stars for sure!
    R.N. on Google
  • "If needed, Will will be the first lawyer I contact to help me."
    I reached out to Will after finding his name through a Google search. I was not looking for DWI consultation but for unpaid tickets and a suspended license issue. He was very personable on the phone….he listened to me explain what I needed help on. He didn’t rush the call or make me feel like another dollar in his pocket. I was able to resolve my issues because of the information Will provided. If needed, Will will be the first lawyer I contact to help me with my driving issues because he was so helpful in this case.
    Julie on Google
  • "Working with you made the process go smoothly."
    It was a long, long road, but working with you made the process go smoothly. You and Olivia really helped to reduce the stress around having to deal with an event like this.
    P.O.