A criminal record doesn’t just live in a courthouse file. It follows you into job interviews, apartment applications, college admissions, and professional licensing decisions. In Texas, two legal tools exist to take back control of your record — expunction and nondisclosure. But before either can happen, one question needs answering: what does a lawyer to do this actually cost? The answer is more accessible than most people expect.
Expunction vs. Nondisclosure: Two Very Different Outcomes
Before discussing costs, it’s worth understanding what you’re actually paying for — because the two options in Texas are not the same.
Expunction (also called expungement) is the stronger remedy. Under Chapter 55A of the Texas Code of Criminal Procedure, an expunction completely erases eligible records. Once granted, government agencies must delete all related files. You can legally deny the arrest ever happened on most job, housing, and licensing applications. It is a true clean slate.
Nondisclosure seals a record from public view — employers, landlords, and most background check services cannot see it — but the record still exists and remains accessible to law enforcement and certain licensing agencies. Think of it as a shield, not an eraser.
Expungement removes records entirely; nondisclosure seals them. Expunged charges can be legally denied; sealed records still exist. Eligibility rules and waiting periods differ, and some offenses qualify for one remedy but not the other.
What Does an Expungement Lawyer Cost in Texas?
Expungement lawyers in Texas almost universally charge a flat fee — a single fixed price regardless of how many hours the case takes. This is the most common structure and gives clients full cost certainty before signing anything.
Attorney fees average between $950 and $3,000 or more for an expungement in Texas, with some complex cases costing upwards of $10,000.
Here is how the cost landscape breaks down:
- Simple expunction (single misdemeanor dismissed, straightforward case): $950 to $1,500. The average lawyer fee for expungement in Texas is $1,500, with some firms charging $950 and others $3,000 or more.
- Moderate complexity (multiple charges, multiple agencies to notify, more legal research required): $1,500 to $3,000
- Complex or felony-related expunction (multiple agencies, contested hearing required, or legally complicated facts): $3,000 to $10,000+
- Nondisclosure petition (record sealing): Typically $750 to $1,500 — slightly less than full expunction since it involves a less complex process
Legal fees to research, draft, and prepare the lawsuit filed on your behalf to expunge or seal records range from $750 to $2,500 depending on the jurisdiction and the nature of the original charges.
Court Filing Fees: The Costs Beyond Attorney Fees
The lawyer’s flat fee is only part of the total cost. Court fees account for the money required when you file your expungement petition with the appropriate court, generally ranging from $100 to $400 as an initial filing fee in Texas.
Additional fees include:
- Agency notification fees: The county charges $8 per agency for electronic notification of the standard agencies listed on the notice, plus $14 for each additional agency beyond those. Complex cases with multiple law enforcement agencies can add hundreds in notification fees alone.
- Court reporter and service of process fees: Modest but variable by county
- Document retrieval fees: Obtaining certified copies of court records needed to file the petition
Total cost example: A simple misdemeanor expunction with a $1,200 attorney flat fee, $350 court filing fee in Travis County, and $60 in agency notification fees comes to approximately $1,610 all-in — a one-time investment for a permanent fresh start.
The 2025 Texas Expunction Law Changes
Texas made meaningful improvements to expunction access in 2025. House Bill 4504 expanded eligibility for more misdemeanor and certain non-violent felony offenses, introduced automatic expungement for specific dismissed cases and acquittals, and reduced waiting periods.
For many Texans who had previously been told their records were ineligible, the 2025 changes opened new doors. If you were told years ago that you didn’t qualify, it is worth consulting an attorney again — the law may have changed in your favor.
Waiting Periods: You Must Qualify First
One of the most important factors affecting both eligibility and timing is the mandatory waiting period before you can file. Waiting periods in Texas are 180 days for Class C misdemeanors, one year for Class A and B misdemeanors, and three years for felonies. These periods begin after the case is dismissed or resolved in your favor.
Eligibility in Texas is determined by your case disposition — what happened to the case — not the nature of the charge. Eligible dispositions include acquittal, no bill from a grand jury, dismissal, and no charges being filed. Convictions, deferred adjudication, and probation are not eligible for expunction.
Can You Do It Without a Lawyer?
Technically yes — Texas allows individuals to file their own expunction petition as a pro se petitioner. Estimates for expungement costs without a lawyer range from $400 to $4,000 depending on complexity, though the lawyer you choose makes all the difference.
The risk is real. Errors in the petition, missing agencies from the notification list, or procedural missteps can result in denial — leaving you with non-refundable filing fees and no cleared record. For a process where the paperwork may be the only obstacle between you and a fresh start, professional help is worth the cost.
Frequently Asked Questions (FAQs)
Q: Is the initial consultation free?
A: Most Texas expungement attorneys offer a free initial consultation to assess eligibility. This is especially valuable because eligibility is not always obvious — an attorney can tell you immediately whether you qualify, which remedy applies, and how long you must wait before filing.
Q: How long does the expungement process take in Texas?
A: The expungement process in Texas typically takes around two months from filing to final order in uncontested cases. Contested hearings or counties with busy court dockets can extend the timeline to four to six months.
Q: Can a felony be expunged in Texas?
A: Yes — but only under specific circumstances. A felony arrest that was dismissed, no-billed by a grand jury, or resulted in acquittal may qualify. A felony conviction cannot be expunged. The 2025 law changes expanded access for certain non-violent felony cases that meet statutory requirements.
Q: Does expungement clear your record from all background check databases?
A: It clears the official Texas criminal history record held by DPS and requires all notified agencies to destroy their records. Private background check companies are supposed to update their databases but may lag behind. An attorney can advise on steps to follow up with private data brokers after an expunction order is granted.
Q: What if I completed deferred adjudication — can I get an expunction?
A: Generally not — but you may qualify for a nondisclosure order instead, which seals the record from public view. Individuals who successfully completed deferred adjudication for certain eligible offenses may petition for a nondisclosure order, though not all offenses qualify and waiting periods apply.
