San Marcos Expunction & Nondisclosure Lawyer

A criminal record does not always reflect who you are, and Texas law recognizes that. Through expunction and orders of nondisclosure, people who were arrested, charged, or even convicted under certain circumstances can clear or seal their records and move forward without a past mistake following them into every job application, apartment screening, or professional licensing review. Working with a San Marcos expunction and nondisclosure lawyer is the most reliable way to determine what relief you actually qualify for and to get the petition drafted and filed correctly the first time.

Hays County residents often discover years after an arrest that the record is still showing up in background checks, even when the case was dismissed or they completed deferred adjudication. That happens because dismissal does not automatically erase a record. The arrest, the charge, and the court proceedings all remain in public databases until a court orders otherwise. Eligibility rules, waiting periods, and exceptions vary significantly depending on how your case resolved, what offense was involved, and whether you have other convictions on your record. Getting those details wrong means a denied petition and, in some cases, a longer wait before you can try again.

At The Law Offices of David C. Hardaway, we handle the full scope of post-conviction and post-dismissal relief for clients throughout San Marcos, Hays County, and the surrounding region. We review your case history, identify which form of relief applies, assess whether any disqualifying factors exist, and manage the entire petition process through the court. If your record has been holding you back, there is a real legal process designed to help, and we know how to work through it.

What Texas Law Actually Allows: Expunction vs. Nondisclosure

These two remedies are frequently confused, and the distinction matters enormously for what your record looks like afterward. An expunction is the more powerful of the two. When a court grants an expunction, the records of the arrest and associated proceedings are physically destroyed or returned. Law enforcement agencies, courts, prosecutors’ offices, and the Texas Department of Public Safety must all delete or return the relevant records. After an expunction, you are legally permitted to deny that the arrest ever occurred. For most purposes, it is as if it never happened.

An order of nondisclosure works differently. It does not destroy the records, but it seals them from public view and prohibits most entities from disclosing them. Private background check companies cannot access sealed records. Landlords and employers using standard commercial databases generally will not find them. However, certain government agencies, criminal justice entities, and licensing boards that work with children, the elderly, or vulnerable populations may still access sealed records. So while nondisclosure provides real, meaningful relief for most everyday situations, it is not the same as erasure.

Determining which applies to your situation requires looking at how your case resolved. Expunctions are available for arrests that never led to a conviction, cases that were dismissed without the benefit of deferred adjudication, and certain situations involving acquittals or successful appeals. Nondisclosures typically apply after successful completion of deferred adjudication community supervision, subject to waiting periods and offense eligibility rules that Texas law spells out in some detail. Some offenses are categorically ineligible for nondisclosure regardless of how the case resolved, and those disqualifiers are worth reviewing carefully before filing anything.

Types of Cases We Handle for Record Relief in San Marcos

• Dismissed criminal charges: When a case is dismissed outright without deferred adjudication, the arrested person may be eligible for expunction, but timing rules and whether the prosecutor agreed to the dismissal can affect eligibility in ways that are not always obvious.
• Deferred adjudication completions: Successfully completing deferred adjudication does not result in a conviction, but it also does not automatically clear your record. Depending on the offense, a nondisclosure petition filed after the applicable waiting period can seal the case from public databases.
• Misdemeanor convictions under certain provisions: Texas has expanded nondisclosure eligibility over recent years to cover some first-time misdemeanor convictions for people who served straight probation, subject to specific waiting periods and offense restrictions.
• Acquittals and not guilty verdicts: A jury or judge that returns a not guilty verdict does not erase the arrest record automatically. Expunction is available in these circumstances and is often one of the cleaner paths to full record relief.
• Arrests without charges filed: If you were arrested but the prosecutor declined to file charges, or if charges were never presented to a grand jury within the statutory period, expunction eligibility may exist, though specific timing rules apply.
• Pardoned offenses: A full pardon from the Governor can open the door to expunction of the underlying conviction in some cases, a path that is less common but worth exploring when it applies.
• DWI-related nondisclosure: Texas created a specific statutory pathway allowing nondisclosure for first-time DWI convictions meeting certain criteria, including no accident with injury, a blood alcohol content below a specific threshold, and completion of the sentence. This is a relatively recent expansion and one that many people do not know exists.

How Record Sealing and Expunction Actually Works in Hays County

The petition process begins with pulling your complete criminal history, including records from the Texas Department of Public Safety and any local agency that may have records of the arrest. This is not optional work; you cannot accurately draft a petition without knowing exactly what records exist and which agencies hold them. Errors in identifying the relevant agencies or case information can result in a court denying the petition or, worse, approving it while leaving some records intact because an agency was inadvertently omitted.

In Hays County, expunction petitions are filed in the district court that has jurisdiction over the matter, generally in the court where the criminal case was originally heard. The petition must name all agencies and entities believed to hold records related to the arrest. Respondents are served with notice, and they have an opportunity to contest the petition if they believe the petitioner is ineligible. That happens more often with prosecutors’ offices than with other agencies, and it requires being prepared to respond substantively.

The 428th District Court and the other district courts sitting in San Marcos at the Hays County Courthouse handle these petitions. County courts handle misdemeanor matters, and the applicable court for a nondisclosure or expunction will depend on where the original case was handled. The Hays County District Clerk’s office is located at the Hays County Government Center on Stagecoach Trail in San Marcos, and filings must conform to the court’s procedural requirements. After a petition is granted, the order goes to each named agency and the process of sealing or destroying records begins, though compliance timelines vary and sometimes require follow-up.

One of the most common mistakes people make is attempting to file without a thorough criminal history review. They undercount the agencies holding records, fail to include a DPS record that was generated at the time of fingerprinting, or mismatch case numbers and dates on the petition. Any of those errors can result in a denial or a partial order that leaves records exposed. Another frequent mistake is filing too soon. Waiting periods for nondisclosure are mandatory, and a petition filed before the waiting period runs will be denied on that basis alone.

Why Work With The Law Offices of David C. Hardaway on Your Expunction or Nondisclosure

David Hardaway and his team built this practice around the principle that clients deserve straight information and real follow-through. Former clients have described the firm as reachable, attentive to detail, and genuinely invested in outcomes. Jason K., a client whose case was dismissed rather than settled as a conviction, specifically noted that the team “investigated and thoroughly believed in me” and that the result made all the difference. That same investigative thoroughness matters in expunction and nondisclosure work, where the outcome depends on getting the factual record precisely right and presenting the petition correctly to the court.

The firm handles cases across a wide stretch of Central Texas, with deep familiarity with the Hays County courts, their clerks, and the procedural expectations those courts bring to civil and post-conviction filings. Clients have consistently noted that the firm responds quickly to questions and keeps people informed throughout the process rather than going quiet after the initial consultation. For something like an expunction or nondisclosure petition, where the process can take months from filing to final order compliance, that kind of communication matters.

The firm serves clients not just from San Marcos but from Kyle, Buda, New Braunfels, Seguin, and communities across the region who need a San Marcos expunction attorney with real courtroom familiarity and a practical approach to getting records sealed. Whether your case wrapped up recently or years ago, the analysis starts the same way: understanding exactly what happened and what Texas law permits in your specific situation.

Questions About Expunction and Nondisclosure in Texas

What is the difference between expunction and nondisclosure in Texas?

Expunction results in the actual destruction or return of records, allowing you to legally deny the arrest ever occurred. Nondisclosure seals records from public view but does not destroy them, and certain government and licensing entities can still access them. Which one applies depends entirely on how your case resolved and what offense was involved.

Does getting a case dismissed automatically clear my record in Texas?

No. A dismissal removes the charge from your pending case status but leaves the arrest and case records in public databases. You must file a separate expunction petition and have a court order issued before those records are cleared.

How long do I have to wait to file for nondisclosure after completing deferred adjudication?

It depends on whether the offense was a misdemeanor or a felony. Felony deferred adjudication typically carries a five-year waiting period after discharge from community supervision. Certain misdemeanors have a two-year waiting period, while others may be filed immediately upon discharge. Some offenses are ineligible entirely regardless of waiting periods.

Can I get a DWI expunged in Texas?

A DWI conviction generally cannot be expunged. However, if the DWI case was dismissed or resulted in acquittal, expunction may be available. Texas also created a specific nondisclosure path for first-time DWI convictions that meet certain criteria, including specific limits on the blood alcohol content reading and the absence of any accident involving injury or property damage. A DWI expunction attorney in San Marcos can review the specifics of your case.

Will an expunction remove my record from private background check companies?

It should, but it is not always instantaneous. The court order goes to named agencies and to the Texas Department of Public Safety, and commercial data companies are supposed to update their records accordingly. In practice, some databases are slow to comply, and following up is sometimes necessary. Your attorney can help you identify who received the order and what steps to take if a company has not removed the record.

Does deferred adjudication show up on background checks before nondisclosure is granted?

Yes. Deferred adjudication is a matter of public record while your case is pending and until a nondisclosure order is issued. Many people are surprised to learn that successfully completing deferred adjudication does not by itself hide the record. Filing and obtaining the nondisclosure order is the step that actually seals it.

Can my employer find out about a sealed record after nondisclosure?

For most private employers using commercial background check services, a sealed record will not appear. However, Texas law carves out exceptions for certain licensing boards, agencies that work with vulnerable populations, law enforcement hiring, and specific industries regulated by state or federal agencies. If you are in a licensed profession or work with children or the elderly, you should understand those exceptions before assuming the record is fully hidden from your employer or licensing authority.

What happens if I was convicted of multiple offenses? Does that disqualify me?

Having multiple offenses on your record significantly complicates eligibility. Texas law generally requires that a petitioner not have other convictions or pending charges in order to qualify for many forms of expunction or nondisclosure. The specifics depend on the nature of the other offenses, when they occurred, and what relief is being sought. An assessment of your full criminal history is essential before assuming you qualify.

How long does the expunction or nondisclosure process take in Hays County?

From the time a petition is filed, the process typically takes several months. After filing, all respondents must be served and given time to respond or object. If no one contests the petition, a hearing may be set relatively quickly, but docket scheduling in Hays County can add time. After an order is granted, agencies have additional time to comply. Realistic expectations are usually three to six months from filing to full compliance, sometimes longer if any agency contests the petition or is slow to complete the record removal.

Can I file for expunction on my own without an attorney?

Texas law does not prohibit self-representation in expunction proceedings. However, the petition must identify every agency that holds records of the arrest, must be legally sufficient, and must be served properly. Errors in any of those areas can result in denial or a partial order. Beyond the technical requirements, prosecutors sometimes contest petitions that they believe do not meet statutory criteria, which requires a substantive legal response. The investment in working with a nondisclosure attorney in San Marcos is modest compared to the cost of a denied petition and the delay that follows.

Can juvenile records be expunged in Texas?

Juvenile records have their own separate framework under Texas law and are generally treated differently from adult criminal records. Some juvenile records are automatically sealed at a certain age, while others may require a petition. Adult criminal charges arising from a juvenile’s case certified to adult court are handled under the adult expunction statutes. If you have questions about a juvenile record, those circumstances need to be reviewed separately from adult criminal history.

Record Relief Representation Across Central Texas

The Law Offices of David C. Hardaway serves clients seeking expunctions and nondisclosures throughout the Central Texas region. In Hays County, we regularly work with clients from San Marcos, Kyle, Buda, Wimberley, Dripping Springs, and Uhland. Our representation extends north along the I-35 corridor through Austin, Round Rock, and Pflugerville in Travis and Williamson Counties, and south through New Braunfels and Canyon Lake in Comal County. We serve clients in Seguin, Schertz, and Cibolo in Guadalupe County, and in Lockhart and Luling in Caldwell County. Clients from Bastrop, Smithville, and Elgin in Bastrop County come to us as well. The firm’s offices in Fredericksburg and Brenham extend our reach into the Hill Country and Washington County, where we handle record relief petitions in Gillespie and Washington Counties. We also work with clients from the Highland Lakes area and from communities throughout Burnet, Llano, and Kerr Counties. Wherever your original case was heard in Central Texas, we can review your history and determine what your options are under current Texas law.

Talk to a San Marcos Expunction Attorney About Your Record

A record that no longer needs to define you should not continue to appear every time someone runs a background check. Texas law provides real tools for sealing and clearing records, and a San Marcos expunction attorney can tell you honestly whether you qualify, what the process looks like, and what you can expect at the end of it. The Law Offices of David C. Hardaway handles these cases with the same precision and directness that the firm brings to every criminal defense matter. Call our office to schedule a confidential consultation and get a clear picture of where you stand.