1. Haggard Law Firm
Focus Area: Criminal defense with extensive prosecutorial background
Practice Areas: Criminal Defense, DWI Defense, Drug Crimes, Sex Crimes, Federal Crimes, Violent Crimes, White-Collar Crimes, Juvenile Defense
Background: Attorney Carl D. Haggard served as both a Misdemeanor and District Court Chief Prosecutor before transitioning to criminal defense. He has over 30 years of experience in criminal law and is licensed to practice before the United States Supreme Court. Mr. Haggard previously served as an Adjunct Professor at the University of Houston Law Center, teaching Trial Advocacy. His prosecutorial background provides valuable insight into how cases are evaluated and prosecuted.
Location: Houston, Texas
Contact: (832) 328-0600 | https://www.haggardlaw.com
Consultation: Free consultation available
2. Law Offices of Jed Silverman
Focus Area: Certified criminal law specialist representation
Practice Areas: Criminal Defense, DWI Defense, Drug Crimes, Domestic Violence, Sex Crimes, Federal Crimes, Violent Crimes, Probation Violations
Background: Attorney Jed Silverman is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by only about 10% of Texas attorneys who practice criminal law. He has handled over 3,000 criminal cases throughout his career. The firm also benefits from staff members with over 20 years of experience working within the Texas prison system, providing unique insight into incarceration-related matters.
Location: Houston, Texas
Contact: (713) 597-2221 | https://www.jedsilverman.com
Consultation: Free consultation available
3. Law Office of Nathaniel Pitoniak
Focus Area: Criminal defense with Harris County prosecution experience
Practice Areas: Criminal Defense, DWI Defense, Drug Crimes, Assault, Domestic Violence, Theft Crimes, Juvenile Defense
Background: Attorney Nathaniel Pitoniak is a former Harris County prosecutor and graduate of the University of Houston Law Center. He holds an AVVO “Excellent” rating and a BBB A+ rating. His experience on both sides of criminal proceedings allows him to anticipate prosecution strategies and identify weaknesses in the state’s case.
Location: Houston, Texas
Contact: (713) 222-7411 | https://www.nathanielpitoniak.com
Consultation: Free consultation available
4. Houston Criminal Defense Attorneys PLLC
Focus Area: State and federal criminal defense with certified specialists
Practice Areas: Criminal Defense, DWI Defense, Drug Crimes, Violent Crimes, Federal Crimes, Sex Crimes, White-Collar Crimes, Vehicular Crimes
Background: The firm includes Attorney Brian Foley, who is Board Certified in Criminal Law by the Texas Board of Legal Specialization, and Attorney Luis Baez, a former prosecutor who served on the Harris County District Attorney’s vehicular crimes team. Their combined experience covers both prosecution and defense strategies across a wide range of criminal matters.
Location: Houston, Texas
Contact: (713) 623-4321 | https://www.hcdattorneys.com
Consultation: Free consultation available
5. Dunham & Jones
Focus Area: Statewide criminal defense practice
Practice Areas: Criminal Defense, DWI Defense, Drug Crimes, Sex Crimes, Assault, Domestic Violence, Federal Crimes, Traffic Offenses
Background: The firm has been recognized by multiple publications, including being voted a top law firm by the Daily Texan and receiving recognition from Time and Newsweek. Attorneys have been selected to the National Trial Lawyers Top 100. The firm maintains a statewide Texas practice and offers flexible payment options including no-money-down payment plans.
Location: Houston, Texas (with statewide practice)
Contact: (713) 999-9999 | https://www.dunhamlaw.com
Consultation: Free consultation available; payment plans offered
Criminal Defense Laws in Texas
Texas classifies criminal offenses into infractions, misdemeanors, and felonies, with distinct penalty ranges for each category.
Felony Classifications:
Texas divides felonies into five categories. Capital felonies are the most serious and can result in the death penalty or life imprisonment without parole. First-degree felonies carry sentences of 5 to 99 years in prison and fines up to $10,000, including crimes such as murder, aggravated kidnapping, and aggravated sexual assault. Second-degree felonies are punishable by 2 to 20 years and fines up to $10,000, including manslaughter and robbery. Third-degree felonies carry 2 to 10 years and fines up to $10,000, including DWI with a child passenger and certain drug offenses. State jail felonies, the least serious felony category, carry 180 days to 2 years in a state jail facility and fines up to $10,000, including some theft and drug possession offenses.
Misdemeanor Classifications:
Texas misdemeanors are divided into three classes. Class A misdemeanors are the most serious, carrying up to 1 year in county jail and fines up to $4,000. Examples include DWI (first offense), assault causing bodily injury, and burglary of a vehicle. Class B misdemeanors carry up to 180 days in jail and fines up to $2,000, including DWI (first offense under certain circumstances), possession of small amounts of marijuana, and criminal trespass. Class C misdemeanors are the least serious, carrying only fines up to $500 with no jail time. Examples include public intoxication, disorderly conduct, and minor traffic offenses.
Expunction:
Texas expunction completely destroys criminal records, making them legally non-existent. Eligibility is limited primarily to cases that did not result in conviction. You may be entitled to expunction if: you were arrested but charges were never filed, charges were dismissed, you were acquitted at trial, or you received a pardon based on actual innocence. Convictions, including deferred adjudication for anything above Class C misdemeanors, generally cannot be expunged. Waiting periods apply based on offense severity: 180 days for Class C misdemeanors, one year for Class A and B misdemeanors, and three years for felonies.
Orders of Nondisclosure (Record Sealing):
For cases not eligible for expunction, Texas offers Orders of Nondisclosure, which seal records from public access while allowing law enforcement and certain licensing agencies to retain access. Nondisclosure is available for many cases resolved through deferred adjudication and, since 2017, for some first-time misdemeanor convictions. Waiting periods vary: no waiting period for most misdemeanors resolved through deferred adjudication, two years for certain specified misdemeanors, and five years for felonies. Certain offenses are permanently ineligible, including family violence offenses, sex offenses requiring registration, and offenses against children.
Board Certification:
Texas is one of few states with a rigorous Board Certification program. Attorneys certified in Criminal Law by the Texas Board of Legal Specialization have demonstrated substantial experience, completed continuing legal education requirements, and passed a comprehensive examination. Only about 10% of attorneys who practice criminal law in Texas hold this certification.
Frequently Asked Questions
Q: What is the difference between expunction and nondisclosure in Texas?
A: Expunction and nondisclosure are fundamentally different forms of record relief in Texas. Expunction completely destroys all records related to an arrest, making it legally as if the incident never occurred. You can deny the arrest ever happened. Nondisclosure seals records from public access but does not destroy them; law enforcement, courts, and certain licensing agencies retain access. Expunction is only available for cases without conviction (dismissals, acquittals, arrests without charges). Nondisclosure is available for certain convictions and deferred adjudication cases. You can only qualify for one or the other for a given case, never both.
Q: Can I get a DWI conviction expunged in Texas?
A: If you were convicted of DWI in Texas, you cannot expunge that conviction. However, if you completed deferred adjudication for a DWI that occurred on or after September 1, 2019, you may be eligible for nondisclosure after meeting waiting period requirements (two to five years depending on circumstances). If your DWI charges were dismissed or you were acquitted, you may be eligible for expunction after the applicable waiting period. An interlock device may reduce the waiting period for nondisclosure in some cases.
Q: What does it mean when a Texas attorney is Board Certified in Criminal Law?
A: Board Certification in Criminal Law is a voluntary credential administered by the Texas Board of Legal Specialization. To become certified, an attorney must demonstrate substantial experience handling criminal matters, complete extensive continuing legal education, obtain peer references, and pass a rigorous examination. Only about 10% of attorneys who practice criminal law in Texas achieve this certification. While certification is not required to practice criminal defense, it indicates the attorney has met standards beyond basic licensing requirements.
Q: How long do I have to wait to seal my record in Texas after completing deferred adjudication?
A: Waiting periods for nondisclosure orders vary by offense type. For most misdemeanors resolved through deferred adjudication, there is no waiting period if you have never been convicted of or placed on deferred adjudication for any other offense (excluding traffic tickets). Certain misdemeanors involving violence, weapons, or sexual conduct require a two-year wait. Felonies require a five-year waiting period from the date of discharge and dismissal. Throughout the waiting period, you must not be convicted of or placed on deferred adjudication for any new offense other than traffic citations.
Q: If my Texas criminal record is sealed through nondisclosure, do I have to disclose it on job applications?
A: Generally, no. Once an Order of Nondisclosure is granted, most private employers cannot access the sealed record, and you can legally answer “no” when asked if you have been convicted of a crime on standard employment applications. However, there are exceptions. Certain government agencies, law enforcement, and licensing boards for regulated professions (such as healthcare, education, and law) can still access sealed records. You may be required to disclose sealed records when applying for positions in these sectors or when seeking certain professional licenses.