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What is an expunction exactly?
If you've ever been arrested (even if you were found not guilty or got a dismissal), a record of your arrest is still publicly available to employers, landlords, universities, and family/friends.
Texas law recognizes that this is unfair to you and provides a remedy for this—expunction. However, expunction doesn’t happen automatically. You will need to file a civil lawsuit against the state seeking expunction of your records. This is the only way to erase your arrest records from public access. Once the court grants an order of expunction, law enforcement and state agencies are required to destroy all records of your arrest. And by destroy, I mean physically destroy physical records and electronically destroy digital records. In addition, background check companies and mugshot companies are also required to remove records of your arrest from their websites.
If you get your records expunged, you can truthfully deny you were ever arrested or prosecuted on job applications. Call me to discuss your case today with an Austin Expunction Attorney.
What about an Order of Non-Disclosure?
If you ever completed deferred adjudication for any crime or had a first-time conviction for a misdemeanor, an order of nondisclosure will seal records of your arrest from employers, landlords, universities, and family/friends.
Again, this process doesn’t happen automatically. You still need to file a civil lawsuit against the state seeking nondisclosure of your records. This is the only way to erase your arrest records from public access. Once the court grants an order of nondisclosure, public access to your arrest records will be sealed. Also, background check companies and mugshot companies are required to remove records of your arrest from their websites as well, although law enforcement and state agencies will still have access to your records.
If you get your records sealed, you can truthfully deny you were ever arrested or prosecuted on job/rental applications. Call me to discuss your case today with an Austin Non-Disclosure Attorney.
Meet Tony Sun: Austin Expunction Attorney
Tony Sun is a criminal defense attorney serving the Austin area who focuses on expunctions. He believes that good people deserve a second chance. That is why he became a lawyer in the first place. Over the past year, he has helped several hundred people get their records expunged throughout Austin at his law firm and legal clinics. He gets invited frequently to speak on criminal law at the University of Texas at Austin, his alma mater.
Local Reviews
S. H.
Tony answered my call in the middle of the night. He immediately came to meet me and calmly walked me through how to help my loved-one. Tony continued to communicate with me throughout the process and went above and beyond every other lawyer I contacted. I was so impressed with his dedication and professionalism. It is clear he really cares for his clients.
Lauren Van Wart
Tony answered my call in the middle of the night. He immediately came to meet me and calmly walked me through how to help my loved-one. Tony continued to communicate with me throughout the process and went above and beyond every other lawyer I contacted. I was so impressed with his dedication and professionalism. It is clear he really cares for his clients.
MaryAnn Espiritu
Tony Sun is very smart, diligent, and hard working. I call on him frequently to get people out of jail. He always answer the phone no matter what time of day or night and works quickly and efficiently to get the client out of jail.
Expunction Benefits
Why getting your record expunged can save you $5,250 over the next 3 years.
Even if your case was dismissed, the arrest record will still show up on your background check. The good news is that an expunction will clear your past arrest record.
Tony, how can this benefit me?
Sleep sound at night – you qualify for better housing.
Be confident in job interviews – your arrest record won't show up on background checks anymore.
Build your credit – you qualify for better loans.
Peace of mind – you can truthfully deny your past.
Sure, but my case dismisal is unique, there's no way this applies to me...
Here are a few victories of clients I worked with to expunge their criminal records.
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DWI – SEALED
October 2018
Client was a nurse who got her DWI dismissed which was re-filed as an Obstruction of a Highway, which she completed her deferred adjudication. We sealed both the Obstruction and the DWI together in one petition. She got to keep her nursing license.
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ASSAULT FAMILY VIOLENCE – EXPUNGED
September 2018
Client was a financial aid director applying for a state agency position and didn’t want her past holding her back from getting the job. Client hired us right before she had her first interview with the state. Client came in for a consultation on Thursday. We had her expungement filed on Friday. Two months later, she got the job and her record expunged.
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POSSESSION OF MARIJUANA – EXPUNGED
August 2018
Client was a software engineer who wanted to move into a downtown apartment. But he was getting denied because of his previous arrest for marijuana. We tried to get the prosecutors to approve an early expunction, but they didn’t. So we had to wait until the statute of limitations expired. But the day came, and two months later, we got his arrest expunged.
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POSSESSION OF CONTROLLED SUBSTANCE – EXPUNGED
October 2018
Client was an accountant that wanted to get his CPA license. He didn’t want to disclose anything on the state licensing application as well as any future jobs he may apply for. Felonies has a little longer waiting period than misdemeanors do, so we had to wait a year before he became eligible. But the day came, and two months later, we got his charge expunged.
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THEFT – EXPUNGED
July 2018
Client was a real estate agent who was applying to become a broker. Real estate is also a field where “theft” is considered to indicate the moral character of a person in the future. We got her record expunged.
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FAKE ID – EXPUNGED
October 2018
Client was a recent college grad that was applying for medical school. Medical schools look for offenses relating to “fraud” because they consider these offenses indicate the moral character of a person in the future. Client called us before she started applying because she was unsure of how she should answer the “have you ever been arrested of a criminal offense” question. She came in for a consultation and hired us by the end of the week. Two months later, she got her records expunged and started applying to schools.
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DWI 1st Conviction – SEALED
October 2018
Client was a pre-law student who wanted to go to law school. He got a DWI conviction a few years ago. It was his first offense ever. We still had to wait 6 months until the statutory waiting period ended. We got everything ready to file so we could file immediately when he became eligible. We got his record sealed and he is now applying to law schools.
How do I get started?
Give me a call, and I'll review your case for free to determine if you are eligible for an expunction.
Expunction FAQs
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Am I eligible for an expunction or for a nondisclosure?
If your charge got dismissed, you are eligible if you meet the other legal requirements. If your charge got deferred or convicted, you may be eligible for a nondisclosure.
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What’s the difference between an expunction and a nondisclosure?
Expunctions are for dismissed cases. If a court expunges your records, all government agencies must destroy any files related to your case. As if nothing ever happened. So you can get a better job, better housing, and better loans.
Nondisclosures are for deferred adjudication or first misdemeanor convictions. If a court grants you an order of nondisclosure, the government agencies get to keep their records of your case, but they must seal your records from outside access. As if nothing ever happened.
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Do I have to pay court costs for an expunction?
Yes, there are court fees for filing the expunction typically around $400-450.
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What does it mean for my record to get expunged?
Every government agency listed in your expunction must destroy all of the files related to your expunged arrest, and send back a certified acknowledgement that they did so. Or they face criminal penalties for not complying. Background check companies can be fined up to $500 a day for not complying. This money goes to you.
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If my record is expunged, can I get a job more easily?
Yes, the law grants you the right to truthfully deny you were ever arrested so you can get a better job.
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If my record is expunged, can I get housing more easily?
Yes, the law grants you the right to truthfully deny you were ever arrested so you can get a better apartment.
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If my record is expunged, can I get a loan more easily?
Yes, the law grants you the right to truthfully deny you were ever arrested so you can get a better loan.
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Will the court grant my expunction?
Yes, if you meet all the legal requirements and do everything right and win at the hearing.
No, if you don’t do everything right or lose at the hearing. If you lose the hearing, you lose your right to expunction.
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Do I need to go to court?
No, if you hire a lawyer. I can go to court on your behalf.
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Why should I hire an attorney?
Peace of mind that you get it done right the first time. So you can get back to focusing on your future.
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How long does it take?
Typically 6 months from date of filing. Some lawyers file quicker than others.
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How can I prove that my record was expunged?
The order of expunction is a court order sent to all the listed agencies to destroy your records and to send back a certified acknowledgement that they did so. The court will also give you two certified copies.
Your arrest record is publicly available…
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See for yourself
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Search your last and first name
- For: Misdemeanor (Class A and Class B)
- For: Misdemeanor (Class C)
- For: Felony
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What’s in your file?
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Your personal bond: with all of your personal information including home address, phone number, email, date of birth, employment and relatives.
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Your police report: with details of your arrest records including your conversation with the police officer, your car’s license plate, the field sobriety tests.
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Who can access my file?
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- Misdemeanor: Your file is located in Misdemeanor Records Travis County Courthouse at 1000 Guadalupe, Room 222, Austin, Texas.
- Felony: Your file is located in Felony Records Blackwell Thurman Criminal Justice Center at 509 W. 11th St., Room 1.400, Austin, Texas.
… until you expunge your records
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Expunction doesn’t happen automatically
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Expunction is the only way to erase your arrest records
