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Texas Criminal Record Expungement - FAQ | TX ExpungementFrequently Asked Questions


The purpose of this page is to help you better understand our Texas criminal record expungement service and expungement in general. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements and specifically your eligibility, please take the free online expungement eligibility test.

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Topic: Texas Criminal Record Expungement - FAQ | TX Expungement
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Deanna R.
18th June 2015 8:26am
My partner and are looking for apartments, however the felony he was charged with (and then had expunged) is preventing us from finding a place. How do we prove he had it expunged? Why is this the first time its been a problem?
Admin:
You should first confirm that the court and other government agencies are not still reporting the record. Sometimes, even when the record is expunged, they can fail to properly seal or destroy the record. If that is not the problem, you must turn your focus to who is still reporting the case.  The apartment complexes are likely using commercial background checks (as opposred to obtaining an official TX DPS report). If it is a small number of companies, you may contact them directly and ask them to remove the record. You should be provided documentation from the landlords that allow you to dispute the information with the company, but at that point it may be too late as the apartment has seen the information.  You may want to consider two services that we offer to assist with removing records from background check companies and websites. Expedited Record Clearance Update (ERCU) and Background Check Removal (BCR). You can read about them at http://www.recordgone.com/expedited-record-clearance-update.htm and http://www.recordgone.com/background-check-removal.htm
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Ian
7th June 2015 9:44pm
Hi, I was convicted of POCS a couple of years back and will soon have to submit a driving record at my place of employment in order to be promoted. However, the company I work for has no idea about my conviction. Will my charge show up on my driving record, and if so, has it been long enough since my conviction for my records to be expunged?
Admin:
Because you were convicted, you are unfortunately not eligible for an expungement in Texas; however, expunging a record through the court would not affect your driving record.  Your conviction will most likely appear on your driving record.  Drug offenses are typically reported to the DMV as there is a license suspension, and because your offense happened recently, the case most likely still appears. You can request a copy of your own driving record to check what is currently appearing on your DMV records.
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phillip riley
7th June 2015 1:48am
Can you get your concealed handgun license with two expunged felonies?
Admin:
In Texas, any case that has been expunged, sealed or set aside is no longer considered a "conviction" for the purposes of a concealed handgun license (TX Gov. Code section 411.171). However, there are several additional requirements that must be satisfied in order to receive a license. We suggest you review the application process, which can be completed online: https://txapps.texas.gov/txapp/txdps/chl/  and contact an attorney if you have questions while trying to complete the application honestly.
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Jody
2nd June 2015 9:27pm
I got a ticket for Possession of Drug Paraphernalia back in 1997 when I was 17 and an MIP for alcohol in 1998 when I was 18. Since then I have been really good and haven't gotten even a speeding ticket. I would like to apply at a local school for a teaching assistant job. Can that prevent me from getting hired at a school or will it even show up on my record? I have never been arrested. Just those two tickets. Thanks
Admin:
It is always left to the discretion of any specific employer whether certain items on a background check will result in denying an applicant or not.  You did not specify if you plead guilty to those offenses or what the final disposition was.  Those cases may very likely appear on your record. Items on your criminal record are never automatically removed or expunged. Even arrest records of cases that did not result in a conviction can appear indefinitely, depending on the type of background check the school is running.  If you want to know what appears, you can request a copy of your own DPS report to see what exactly is on your record at this time.
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Jennifer
13th May 2015 2:15pm
I have a felony theft charge from about 10 years ago and wanted to know if that will still come up on my criminal record? I am trying to get a job; that was the first time I got in trouble and the last, haven't got in trouble since.
Admin:
Under federal law, convictions can be reported indefinitely. However, Texas is one of a handful of states that has a limit of 7 years for private background check companies reporting arrests and convictions. Therefore, depending on when your case concluded, it may not show up; however, that prohibition does not apply for jobs that will pay or reasonably may pay more than $75,000 annually.  Because of the federal law that permits disclosure and the exception for higher paying jobs, it is very possible a conviction will show up on the report despite how much time has passed; but it will depend on the employer, the job, and the type background check they run.
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Melissa
30th April 2015 9:41pm
I received a Class C misdemeanor ticket for Possession of Drug Paraphernalia in December 2009 in Texas. I never went to court for it....so now it's on the "Failure to Appear" record as an outstanding violation. This is the only drug related citation that I have ever had. Will this citation be eligible for expunction or possibly have it sealed?....This citation is hindering me from being hired by employers.
Admin:
If you have still not appeared for that ticket and it is still an outstanding violation, you need to resolve that charge with the court first. As long as the charge remains pending, you will not be able to clear it from your record.
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Lindsay
30th April 2015 2:22pm
So I want to move up in my company for work, they are aware of the theft charge record but for hourly employees there is not a background check but for management there is. I was placed on deferred adjudication for 6 months and Now have completed it. I was told once the six months was over that it would be off my record and the only people that can see it is the state and police officers. So basically what I am asking is, is it off my record like will it show up on a background check when my work runs one or not ? Because if it does come back on my record I get fired regardless
Admin:
Just because you have completed deferred adjudication does not mean that it has necessarily been taken off of your record at this point.  You have to also request the court for the actual expunction or sealing of the records following successful completion of the deferred adjudication. The Texas legislature recently changed the law regarding expungement and they will offer automatic sealings for some deferred adjudication cases, but that law has not gone into effect for your prior case.  Please take our test to see if your case is eligible to be sealed.
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JR N
19th March 2015 7:56am
Would a Dismissed Domestic Violence case of 'terroristic threat' be eligible for expungement or be sealed in the state of Texas? Or is 'dismissed' considered a conviction and is not eligible? I would like to hire you if it can be removed.
Admin:
A "dismissed" case is not a conviction.  A conviction is a case that resulted in a finding of guilt, either with a guilty plea, guilty verdict or a plea of nolo contendere.  If your case was dismissed, you were not convicted of the offense and are most likely eligible for record clearing.  Please contact us with additional questions or  to ensure you are eligible and get started today please complete the eligibility test.
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Christine
9th March 2015 10:26pm
I charged in 2012 for aggravated assault and was found NGRI (not guilty by reason of insanity) but it still shows up on my background check. Can I get this expunged?
Admin:
The current law on the insanity defense in Texas states that a Not Guilty by Reason of Insanity (NGRI) finding is not considered an acquittal for the purposes of Chapter 55 (expungement). Art. 46C.155(b). Therefore, a person acquitted under that statute (Article 46C) will not be eligible for an expungement.
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BD
6th February 2015 8:00pm
Live in CA got ticket in TX.. Can i stil get it expunged?
Admin:
You must look at the laws that govern expungement or sealing in the state where the offense occurred.  Please take the eligibility test and choose Texas as the state.
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George A.
5th February 2015 7:31pm
How can I get a copy of my expungement? It was in the late 90's when I cleared my record. Thank you.
Admin:
You will have to contact the court that handled your case/expungement to inquire about obtaining a copy of the expungement order. Obtaining those records can sometimes be very difficult and require submitting a motion to the court requesting access to the file (if it is has been retained at all).  Once a case is expunged it is no longer available to be inspected by the general public, but assuming the records are maintained somewhere, you as the subject should be granted access it just may take some time and a court order.
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Ricardo Guajardo
5th February 2015 9:58am
Is a judicial clemency the same as a pardon?
Admin:
In Texas, "Judicial Clemency" refers to what is commonly known as a set aside, when the conviction is set aside and the case dismissed.  While the word "clemency" is very often used to describe a pardon, a pardon is granted by the governor.  The term "clemency" alone can include all forms of pardons that one can apply for through the Board of Pardons and Parole, but "Judicial Clemency" is an entirely different thing and refers to a set aside which is granted by the judge.  Please see our page on Texas Set Asides for more information, unfortunately we do not offer pardons in Texas and cannot provide any additional information on them or the process.
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Steve Elliot
4th November 2014 11:07pm
I have a possession of meth charge from back in 1984 that was "set aside" by the judge at that time. In 2012 I got an Order of Nondisclosure regarding this case. Now when I get stopped for traffic stops the police detain me for 2-3 hours searching the car or calling for a drug dog to sniff my car. The record that the police see on their computer is in detail and they usually do not read further down into the record that this case was 'set aside' and then SEALED. Is it possible to approach the court to amend the police/law enforcement records to show at the top of this record that this case was 'set aside' in 1984 and Sealed in 2013, thus hoping to avoid long delays if I am stopped again for traffic violations? Thank you for your response.
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Mathew Higbee
18th January 2015 1:38pm
Wow, getting harassed for an offense from 1984, there are some bad eggs in Texas law enforcement. Sorry to hear about that situation. I am not sure what kind of court order would be fashioned to solve that problem. Expungement would help, but that case is not eligible for expungement.
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a1isondre
9th October 2014 10:42pm
I have a family violence conviction in Texas. It is a Class A misdemeanor. I am going back to school and I want to study pharmacy science, but I can't find out if this conviction will prevent me from getting licensed as a pharmacist. If it will be a problem, is there anything I can do about my record? I am a female and the offense was against my boyfriend at the time. The offense is over five years old.
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Mathew Higbee
18th January 2015 1:40pm
A misdemeanor offense should not prevent you from being licensed. It may make it difficult to find employment. Until Texas changes the law, convictions are not eligible for expungement. However, by the time you complete school and are looking for work, the offense will be so old that many employers will not care.
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texasam1234
22nd September 2014 4:41pm
I was indicted for "retaliation". A month later the case was dismissed after evidence was provided to the prosecutor that my actions were justified. This was not a case of threatening a witness. It involved requests from employees who wanted to be transferred from under the supervision of a supervisor who was a witness in another criminal investigation. I granted the requests at the recommendation of Human resources and legal. Subsequently, I was indicted for the retaliation. Five years later I had my record expunged. I recently applied for a state job and the application required me to reveal any arrests. Is this required if my record was expunged? I feel that it may cost me my ability to be hired.
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Dan R
8th October 2014 4:20am
You do not have to reveal it at all. The whole point of expunging an arrest is that the records are destroyed and it is as if it never happened. You can legally deny it so don\'t reveal it to anyone.
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Izzy
20th July 2014 5:33am
I have a case that was dismissed and NFOG (not finding of guilty). Do I have to get an expungment? If not, how long is the estimated time before it's off my record?
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MathewHigbee
20th July 2014 5:43am
Assuming that this is an adult case in the Texas state system, the arrest and related records will remain a part of your record until they are expunged.
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ebony
16th July 2014 3:05pm
How can I get a terroristic charge, which I already served time for, off of my record?
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MathewHigbee
16th July 2014 8:27pm
The only option to clear a record in Texas for those who did prison time for the offense is to receive a pardon. If a pardon is granted, the record can then be expunged by the court. This site has outstanding information about pardons in all 50 states: http://www.pardon411.com

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