Expunctions and Record Sealing

Your San Antonio criminal case may be closed, but that doesn't mean your arrest record has disappeared. Even when prosecutors dismiss charges, records of the arrest and court proceedings may remain accessible.

Texas provides two primary ways to address this problem. Expunction and nondisclosure can help remove or seal eligible criminal records, keeping past arrests and charges off routine background checks and protecting your employment, housing, education, and professional opportunities.

Your options depend on how your case ended.

Expunction requires destroying or removing qualifying records, while an order of nondisclosure restricts public access to certain criminal history information.

San Antonio Expunction Lawyer

Michael & Associates Criminal Defense Attorneys helps people throughout San Antonio and Bexar County determine whether they qualify to expunge or seal their criminal records.

Our experienced San Antonio criminal defense attorneys review your arrest history, court records, and case disposition to identify potential eligibility issues and guide you through the legal process.

RC Pate, the firm’s managing partner in San Antonio, is an ACS-CHAL Forensic Lawyer-Scientist. Your case will always be handled by experienced senior trial attorneys who understand the complexities of Texas criminal law and are familiar with San Antonio courts and law enforcement agencies.

We represent clients throughout Bexar County and the surrounding areas, including Comal, Guadalupe, and Wilson counties.

If a past arrest or criminal charge is affecting your future, contact Michael & Associates for a free case review.

Can You Clear Your Criminal Record in San Antonio?

Possibly. Texas law allows certain criminal records to be expunged or sealed via an order of nondisclosure, depending on the circumstances. Expunction may be available after an acquittal, qualifying dismissal, or other eligible disposition. People who successfully complete deferred adjudication may qualify for an order of nondisclosure instead.

Here’s a look at how they compare:

However, not everyone qualifies for expunction, and some criminal records cannot be sealed.

Who Qualifies for Expunction in Texas?

• You were arrested but never formally charged
• Prosecutors dismissed your criminal charges under qualifying circumstances
• You were acquitted at trial
• You successfully completed a qualifying pretrial diversion program
• You completed deferred disposition for an eligible Class C misdemeanor
• You received a pardon or other qualifying post-conviction relief
• Someone else was arrested using your identity

Not every dismissal qualifies for expunction. Eligibility can depend on the reason for dismissal, applicable waiting periods, whether the statute of limitations has expired, and whether other charges arose from the same arrest. 

Example: A San Antonio resident is arrested for misdemeanor assault after an argument. After reviewing witness statements and other evidence, Bexar County prosecutors dismiss the charge because they can’t establish that a crime occurred.

The individual may qualify for expunction, but their lawyer must review the dismissal, arrest history, and all statutory requirements before determining whether they’re eligible.

What Criminal Charges Can Be Expunged in San Antonio?

Texas law allows eligible arrest records involving many misdemeanor and felony offenses to be expunged. Even serious allegations, including aggravated robbery, sexual assault, and murder, may qualify when the case ends in an acquittal or another disposition that satisfies the statutory requirements. However, the nature of the offense, the outcome of the case, and the circumstances of the arrest can affect eligibility.

• DWI: First-time DWI, repeat DWI, and felony intoxication offenses
• Weapons offenses: Unlawful carrying of a weapon and other firearm-related charges
• Assault and domestic violence: Simple assault, family violence assault, and aggravated assault
• Theft offenses: Shoplifting, misdemeanor theft, felony theft, and robbery
• Drug possession: Marijuana possession, THC, cocaine, methamphetamines, or other controlled substances
• Other misdemeanors: Criminal trespass, disorderly conduct, public intoxication and resisting arrest

Example: You were arrested for felony drug possession in Bexar County, but your case ended in a qualifying dismissal. You may be eligible to expunge the arrest from your record. By contrast, a misdemeanor drug possession conviction generally cannot be expunged.

Multiple charges that arise from the same arrest can complicate expunction eligibility. Our San Antonio criminal defense team will review your entire arrest and court history to determine whether expunction is a viable option for you.

How Does Expunction Work in Bexar County?

Expunction is a civil legal proceeding that allows an eligible person to petition a court to remove records associated with a qualifying arrest.

Expunction cases involving a San Antonio arrest may require record identification across several local agencies, including the San Antonio Police Department, Bexar County Sheriff’s Office, Bexar County District Clerk, and the Texas Department of Public Safety. Your petition must identify the agencies and other entities that hold records covered by the requested expunction.

The process usually involves four steps: 

1. Reviewing your criminal history: Your attorney examines the arrest, criminal charges, case disposition, applicable waiting periods, and records maintained by law enforcement and court agencies.
2. Filing an expunction petition: The petition identifies the qualifying arrest and the government agencies or other entities that maintain records subject to the requested order. Your attorney prepares the necessary documentation and identifies the agencies that must receive notice of the proceeding.
3. Court review: The court reviews the petition to determine whether the statutory requirements are satisfied. A hearing may be necessary, particularly if an agency contests eligibility.
4. Issuing and enforcing the expunction order: If the court grants expunction, the agencies covered by the order must comply with its requirements for destroying, returning, or otherwise handling the qualifying records. Private background-check databases may take additional time to update, even after the court issues an expunction order.

Can You Seal Your Criminal Record in San Antonio?

If you don't qualify for expunction, you may still be eligible to seal your criminal record through an order of nondisclosure.

Nondisclosure restricts public access to qualifying criminal history information without destroying the underlying records. It’s often referred to as “record sealing.”

Sealing the record can prevent many private employers, landlords, and members of the public from accessing the information through ordinary criminal background checks. However, law enforcement, certain government agencies, and authorized professional licensing entities may still access sealed records.

It can be particularly useful for people who successfully completed deferred adjudication and received a discharge and dismissal.

Example: You received deferred adjudication for an eligible drug possession offense, successfully completed your community supervision, and had your case dismissed.

Depending on the offense and other eligibility requirements, you may qualify for an order of nondisclosure.

Texas nondisclosure laws are addressed in Government Code Chapter 411, Subchapter E-1.

How Long Must You Wait for Expunction or Nondisclosure in Texas?

The waiting period depends on the charge, case outcome, and whether you’re seeking expunction or nondisclosure.

Expunction Waiting Periods

For certain arrests where no indictment or information was presented, Texas Code of Criminal Procedure Article 55A.052 establishes the following minimum waiting periods. Eligibility also depends on the statute's additional requirements, including whether criminal charges remain pending and whether the arrest is otherwise eligible for expunction.

These periods are not universal for every expunction. They are subject to statutory conditions and exceptions. Some people may qualify sooner, while others may not be eligible at all. 

Nondisclosure Waiting Periods

There isn’t one single waiting period that applies to all nondisclosure cases.

Certain misdemeanor deferred-adjudication cases may qualify for nondisclosure without a separate petition under Texas Government Code § 411.072. Other eligible cases require the individual to petition the court.

Depending on the applicable nondisclosure statute, the offense, and the individual's criminal history, eligibility may arise at different times:

• Upon discharge and dismissal for certain qualifying deferred-adjudication cases, when no additional waiting period applies.
• After a two-year waiting period for certain misdemeanor deferred-adjudication offenses.
• After a five-year waiting period for qualifying felony deferred-adjudication offenses.
• After separate statutory waiting periods for certain qualifying DWI cases.

Certain offenses are excluded from nondisclosure entirely, and eligibility may depend on additional statutory requirements. Our San Antonio attorneys can review your criminal history and determine whether you can apply now or must wait.

What Are the Benefits of Expunction or Nondisclosure?

A past arrest can create problems long after a criminal case has ended. Employers, landlords, licensing agencies, and other organizations may consider criminal history when making important decisions.

Clearing or sealing eligible records can help protect your opportunities.

• Employment: Reduce the likelihood that a past arrest or dismissed charge appears during routine employment background checks.
• Housing: Limit the criminal history information available to prospective landlords and property management companies.
• Education: Help protect opportunities involving college admissions, educational programs, and other applications that involve criminal history questions.
• Professional licensing: Address potential licensing barriers, although some regulatory agencies retain access to records covered by nondisclosure orders.

Expunction can provide particularly broad protection because it requires removing or destroying qualifying records.

Why Choose Michael & Associates for San Antonio Expunctions?

Expunction and nondisclosure require careful attention to criminal case dispositions, eligibility requirements, and court procedures. Filing too early or leaving agencies out of your petition can delay the process.

Michael & Associates Criminal Defense Attorneys combines extensive Texas criminal defense experience with personalized representation for clients seeking to clear their records. Our attorneys understand how criminal cases are investigated, prosecuted, and resolved, allowing us to evaluate the underlying disposition and identify potential obstacles to expunction or nondisclosure.

Our firm also offers:

• More than 500 years of combined legal experience.
• A team of more than 45 senior trial attorneys.
• Experience handling misdemeanor and felony criminal cases throughout Texas, including San Antonio and Bexar County.
• Direct communication with your legal team (you can text your lawyer at any time) and individual attention to your case.
• Free, confidential case reviews.

Case Example: Bexar County Family Violence Assault Expunction

Michael & Associates successfully obtained an expunction order for a client who had been charged with assault involving family violence in Bexar County. The expunction proceeding was handled in the 45th District Court in San Antonio. 

Outcome: Expunction granted. The firm obtained certified court records and completed the necessary filing process, closing the matter in September 2025.

Helpful Expunction Resources

• Texas State Law Library Expunctions and Nondisclosure Orders: Explains Texas record-clearing laws, eligibility requirements, and available resources.
• Texas Code of Criminal Procedure Chapter 55A: The primary Texas statute governing expunction.
• Texas Government Code Chapter 411: Includes provisions governing orders of nondisclosure.
• Texas Judicial Branch Orders of Nondisclosure: Provides official forms and guidance for eligible individuals seeking an order of nondisclosure in Texas.
• Bexar County District Clerk: Provides information about district court records and civil court proceedings.

Talk to a San Antonio Expunction Lawyer About Clearing Your Record

Your criminal case may be over, but the record of your arrest could still affect your employment, housing, professional licensing, and future opportunities.

Michael & Associates Criminal Defense Attorneys can review your criminal history, determine whether you qualify for expunction or nondisclosure, and help you pursue the appropriate legal remedy.

We represent clients throughout San Antonio and Bexar County, including Alamo Heights, Balcones Heights, Castle Hills, Converse, Helotes, Leon Valley, Live Oak, Schertz, and Universal City.

Contact Michael & Associates Criminal Defense Attorneys today for a free, confidential case review. Our team is available 24/7 to discuss your situation and help you take the next step toward clearing your criminal record.