[Check If You're Eligible, Free](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) # San Antonio Expunction & Record Sealing Attorney You Won Your Case. Your Record Didn't Get the Message. A dismissal, a no bill, an acquittal: none of them erase the record of the arrest. It stays visible to employers, landlords, and state licensing boards until a court orders it destroyed. Austin Hagee is a former Bexar County prosecutor who files expunctions and nondisclosure orders, and in most cases you will never set foot in a courtroom. ## A Former Prosecutor Who Knows How the Other Side Thinks Nobody warns you about the second problem. When the charge goes away, life is supposed to go back to normal, but then [a background check discovers the record of the arrest](https://austinhageelaw.com/legal-blog/what-shows-up-on-a-criminal-record/) during a job offer, a lease application, or a professional license renewal. This can happen whether you are applying to be a nurse, lawyer, or doctor. Texas keeps that record public unless someone files a petition to remove it. And that's where we come in. We'll handle that petition and tell you honestly whether it will succeed before you spend any money. ## Two Ways to Clear a Record, and They Are Not the Same Texas gives you two separate tools. Which one applies depends entirely on how your case ended. | | Expunction | Order of Nondisclosure | | --- | --- | --- | | What it does | Destroys the record | Seals it from public view | | Who can still see it | Nobody, in practical terms | Law enforcement and certain licensing agencies | | Can you legally deny the arrest | Yes, in most situations | No, and it must be disclosed for some licenses | | Governing law | Code of Criminal Procedure ch. 55A | Government Code ch. 411, subch. E-1 | | Typical trigger | Dismissal, acquittal, no bill, no charges filed | Completed deferred adjudication or certain probation | Expunction is the stronger remedy and the narrower one. Nondisclosure reaches more people because most completed deferred adjudication cases qualify. ## Not sure which remedy applies to your case? Tell us how it ended, and we will tell you what is available and when. The eligibility review is free. [Get a Free Eligibility Check](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) ## Who Qualifies for an Expunction Eligibility turns on the outcome of your case, not on how serious the original charge sounded. You are generally eligible if you were arrested and never charged, if the prosecutor dismissed the case, if a grand jury returned a no bill, if a jury or judge acquitted you, if the arrest resulted from identity theft or a clerical error, or if you completed deferred disposition on a Class C misdemeanor. A conviction later pardoned by the Governor or the President also qualifies. You are generally not eligible if you were convicted, if you completed community supervision on anything above a Class C, or if the charge is still within a window where the State could refile. ### The deferred adjudication trap. This one costs people the most. Completing deferred adjudication on a Class A or B misdemeanor or a felony does not make you eligible for expunction, even though the case ended without a conviction. Nondisclosure is the remedy there, and for most nonviolent misdemeanors it is now available once the deferred adjudication is discharged and completed. Filing the wrong petition wastes your filing fee and your time. ## When You Can File Timing is where good cases get denied. An acquittal carries no waiting period, and the court must enter the expunction order within 30 days of the verdict upon request. Everything else runs on a clock that starts the day you were arrested. | Situation | Wait before filing | | --- | --- | | Acquitted at trial | None, file immediately | | Arrested, Class C, no charges filed | 180 days from arrest | | Arrested, Class A or B misdemeanor, no charges filed | 1 year from arrest | | Arrested, Class A Assault (Family/Dating/Household Member) | 3 years from arrest | | Arrested, felony, no charges filed | 3 years from arrest | | Arrested, Felony Assault (Family/Dating/Household Member/Aggravated/Continuous Violence Against the Family) | 5 years from arrest | | Charges filed then dismissed | Depends on the offense and the reason for dismissal | One shortcut exists. According to Chapter 55 of the Code of Criminal Procedure, if the prosecutor certifies in writing that the records are not needed for any investigation or prosecution, we can file before the waiting period runs. Getting that certification is a conversation with the DA's office this firm has handled many times. Note that the misdemeanor waiting periods only apply when no felony charge arose from the same arrest. When one did, the three-year felony clock controls. ## How Clearing Your Record Works Filing is paperwork, and paperwork is where these cases are won or lost. We start with an eligibility review, because a petition filed too early or under the wrong statute gets denied and the fee is gone. From there, we pull your criminal history and fingerprints, then draft the petition. That petition must name every agency and private database holding a copy of your record, from the arresting department and the district clerk to DPS and commercial background check companies. Miss one and your record stays alive in that system after the order is signed. Once filed, the court notifies the State. The District Attorney can object, and if they do, a hearing is held. That is the moment when knowing how prosecutors evaluate these petitions matters. When nobody objects, the judge signs the order, and the agencies are directed to destroy or return the files. As of September 2025, those orders can be delivered to agencies electronically at no additional cost to you. But most clients never have to appear in court. We handle the filing, the service, and any objections to the petition. ## What Changes Once the Order Is Signed Expunction closes the subject. You can answer no when an application asks whether you have been arrested, and the destroyed record cannot be used against you if you are ever charged again. Sealing works differently, and the difference matters. Employers and landlords running standard background checks will not see the record. Police and prosecutors still will, and a handful of state licensing applications, including some teaching and healthcare credentials, can require disclosure anyway. We'll explain to you which category you land in before you file, not after. One practical caveat worth knowing: private background check vendors sometimes keep stale data after a court order. Part of our work is notifying the ones that matter so the record actually disappears from the reports employers buy. ## Situations We See Often - **A case we already won.** More than 350 of our clients have had charges dismissed, and that number increases every year. A dismissal is the beginning of the clearing process, not the end, and we frequently handle expunctions for cases this firm successfully defended. - **A DWI that went away.** [A dismissed or reduced DWI can often be expunged](https://austinhageelaw.com/legal-blog/can-a-dwi-be-expunged-in-texas/). A DWI conviction cannot be sealed, which is the strongest argument for fighting the charge before it becomes a conviction. See [DWI defense](https://austinhageelaw.com/service-area/dwi-dui-attorney-san-antonio-tx/). - **A young mistake.** Juvenile records follow different rules under the Family Code, and some are restricted from public view automatically. Others need a petition. Parents ask us about this constantly, and the answer depends on the offense, the age, and the outcome. - **A Class C from years ago.** Public intoxication, minor in possession, disorderly conduct, an open container: small charges that still surface on background checks. Deferred disposition on a Class C is one of the few paths that leads to full expunction. - **A drug paraphernalia charge.** It is only a Class C, but it is classified as a drug offense, which can affect federal student aid. Clearing it matters more than its penalty suggests. ## Still carrying an arrest you were cleared of? A former Bexar County prosecutor will tell you whether it can be expunged or sealed, and when, on a free and confidential call. [Check If You're Eligible, Free](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) Available 24/7 for new inquiries ## Real Results: 350+ Cases Dismissed for Our Clients Every dismissal on this list is a record that can potentially be cleared. - Dismissed Charge ### Assault – Bodily Injury January of 2026 - PTD Dismissal Charge ### Possession of Controlled Substance PG 2 4 Grams < 400 Grams April of 2025 - Dismissed Charge ### Driving While Intoxicated February of 2026 - Granted Deferred Charge ### Aggravated Assault with a Deadly Weapon February of 2023 [See If Your Record Can Be Cleared](https://austinhageelaw.com/contact/) Past results do not guarantee a similar outcome. Every case is different. ## Clear Pricing, Flat Fees, Payment Plans Clearing a record is one of the more affordable things we do, with one of the highest values. We quote a flat fee in writing before you hire us, explain filing fees up front, and finance our own clients with monthly terms. [Ask About Payment Options](https://austinhageelaw.com/pay-online/) [(210) 500-3700](tel:+12105003700) Available 24/7 for new inquiries ## Why San Antonio Clients Choose Austin Hagee Law Firm - ### He has been the one objecting The District Attorney can contest an expunction petition. As a former prosecutor, Austin knows how these petitions are viewed and evaluated, so he knows what draws an objection and how to file around it. - ### Straight answers on eligibility Not everyone qualifies, and some people have to wait. We tell you that before you pay anything, rather than filing a petition that will fail. - ### We build in the expungement or sealing with the underlying case This firm has secured more than 350 dismissals. When we handle the underlying case, we already know the file, the court, and the exact date you become eligible. - ### Reachable and low volume A deliberately small caseload means you speak with your attorney, and new inquiries reach us any hour. ## Meet Austin Hagee, Former Prosecutor and Trial-Tested Defender Before defending the accused, Austin Hagee prosecuted cases as a felony prosecutor for the Bexar County District Attorney’s Office in the criminal trial division and special victims unit. Mr. Hagee graduated from St. Mary’s University School of Law with honors and was inducted into the Order of Barristers. As a trial lawyer, he has been recognized by Super Lawyers, the National Trial Lawyers as a Top 100 Trial Lawyer, SA Current, SA Scene, and Forbes as a distinguished Texas criminal defense attorney. Austin Hagee has first-chaired and won many jury trials, ranging from misdemeanors to first-degree felonies. Austin Hagee has never taken a case to trial and not beaten the pre-trial offer by the other side. In addition to his trial success, Mr. Hagee has used his elite negotiation skills to get hundreds of cases for his clients dismissed, including more than one hundred felony charges. As a former felony special victims unit prosecutor and award-winning criminal defense lawyer, there is no case that Austin isn’t comfortable taking to trial alongside the great attorneys that work at his firm. ## Trial Attorneys [Meet the Full Team](https://austinhageelaw.com/about-us/) - ### [Hannah Hawkins-Cunningham](https://austinhageelaw.com/about-us/hannah-hawkins-cunningham/) Trial Attorney - Purdue University, Bachelor of Arts - Indiana University School of Law, Doctor of Jurisprudence - Order of the Barristers - ### [Kyra Falcone](https://austinhageelaw.com/about-us/kyra-falcone/) Trial Attorney - The University of Texas at Austin, B.A. with double minor - St. Mary’s University School of Law, J.D. - Dean’s Scholarship Recipient - ### [Jeremy Best](https://austinhageelaw.com/about-us/jeremy-best/) Trial Counsel - Texas State University, B.A. Business Finance - St. Mary’s University School of Law – Juris Doctor Degree - All Texas Courts – 2016 - ### [Niklaus B. Orosco](https://austinhageelaw.com/about-us/niklaus-b-orosco/) Associate Attorney - University of the Incarnate Word, B.A. in Psychology with a Neuroscience concentration, magna cum laude, 2021 - St. Mary’s University School of Law, J.D., 2025 - Former Assistant District Attorney, Bexar County Criminal District Attorney’s Office - ### [Ruby Livas](https://austinhageelaw.com/about-us/ruby-livas/) Paralegal - University of Texas at San Antonio, Bachelor of Arts in History - Texas A&M University Corpus Christi, Certification in Elementary Education - University of Texas at San Antonio, Paralegal School - ### [Ana Sofia Mohamed](https://austinhageelaw.com/about-us/ana-sofia-mohamed/) Legal Assistant - New York University, Bachelor of Arts in Political Science - Bilingual in English and Spanish ## Where We File Our office sits on Austin Highway, minutes from the Bexar County courts where most of these petitions are filed. We handle expunctions and sealing orders in San Antonio and the surrounding counties, including Comal (New Braunfels), Guadalupe (Seguin), Hays (San Marcos), Kendall (Boerne), and Atascosa (Pleasanton), and we file in Travis County and elsewhere in Texas as needed. See San Antonio criminal defense or our full areas we serve. ### Our Office 120 Austin Hwy #103 San Antonio, TX 78209 [See All Areas We Serve](https://austinhageelaw.com/service-area/) Boerne New Braunfels San Marcos Seguin Atascosa County Our Office ## Frequently Asked Questions - Is expungement the same thing as expunction? They describe the same remedy. Texas statutes use “expunction,” and the current law lives in Chapter 55A of the Code of Criminal Procedure, recodified from Chapter 55 in January 2025. Most people search for “expungement,” so both terms appear here. - My case was dismissed years ago. Is it too late? **No.** There is no deadline on the far end. Waiting periods set the earliest date you can file, not the latest, so an old dismissal is often easier to clear than a recent one. - Do I have to go to court? Usually not. If the State does not object, the judge can sign the order without you appearing. If there is an objection, we handle the hearing. - How long does the whole thing take? Expect a few months. The petition, the notice period for agencies, the judge’s signature, and the agencies updating their systems all take time. Electronic service has shortened the last stage. - Will it disappear from Google and background check websites? A court order binds government agencies. Private data brokers and mugshot sites are a separate problem, and part of our work is notifying the vendors that feed commercial background checks, and equipping you with the information as well. - I completed deferred adjudication. What are my options? Nondisclosure, in almost every case, not expunction. For most nonviolent misdemeanors, sealing is now automatic once the deferred adjudication is discharged, and we can confirm whether yours needs a petition. - Can a conviction ever be cleared? Not through expunction, with one exception: a pardon. If you were convicted and later pardoned by the Governor or the President, expunction becomes available. - Can you clear more than one arrest at once? Often yes, though each arrest is evaluated separately and may sit on a different clock. Bring us everything, and we will map it. ## Ready to Put the Arrest Behind You? Call us or request your free, strictly confidential eligibility check online. We answer new client inquiries 24 hours a day. --- Austin Hagee Law Firm — [https://austinhageelaw.com/service-area/record-sealing-attorney-san-antonio-tx/](https://austinhageelaw.com/service-area/record-sealing-attorney-san-antonio-tx/)