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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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Comments (32)

Topic: Texas Criminal Record Expungement - FAQ | TX Expungement
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10th June 2017 10:58am
Can I expunge my driving record from 3 years ago. I got in an at-fault accident and received a ticket.
No, you cannot expunge a ticket from your driving record in Texas. Generally, traffic incidents drop from your record automatically after a number of years.
6th April 2017 6:16pm
My husband has an extensive criminal record in Texas. Can it all get cleared? How much does that run?
It is impossible to answer this type of question without knowin the facts about your husbands extensive criminal record.   I highly recommend him takign our free online eligibility test.  It is confidential and very accurate.   In general, extensive criminal records are rarely able to be cleared in their entirely in Texas.
20th March 2016 10:05am
Do you have to file for criminal record expungement in the county you were arrested in?
Yes, that is correct.  Texas law requiries that you file for expungement in the county in which the arrest occurred.
5th November 2015 3:02pm
I was arrested for a misdemeanor B drug possession charge 2 years ago. The cop that arrested me got into trouble while on the job. Due to this all of his cases were dismissed. So on my court date the judge told my lawyer that my case is being dismissed. I am an alarm installer and am required to have a license to do so by the state. To get this license I need to submit fingerprints. I have read the rules and regulations about what classifies a person to be denied or not. And in the rules and regulations all it talks about is being convicted of a crime. Since my case was dismissed in your opinion do you think I will be approved or denied of this license?  Also, do you think this is something you would be able to get expunged from my record?
It sounds as though because you were not convicted of a crime, you may still qualify for the license you seek.  To see if you are eligible to expunge the case from your record, please take the eligibility test or contact our office and we can determine whether we can get this expunged from your record.  Thank you.
24th October 2015 4:18am
I was arrested for theft 10 years ago in July of 2005. I got a class c misdemeanor and it never shows up on retail background checks, but I just finished school to become a dental assistant and I was wondering when the state does my background check to become registered will it show up?
If your case has not been expunged, it will most likely show up.  Cases remain on your official record unless the court grants record clearing relief.  Please take our eligibility test to see if you are eligible to have this case expunged.
29th September 2015 1:03am
I was cited for a class c theft, and I don't want to plead guilty due to that I was not in my right state of mind had a few cold ones before the incident will that harm me in anyway. If I plead innocent even if I did the crime? How do I get deferred adjudication?
You need to contact an attorney who handles active criminal defense cases in your area. An attorney can review the facts of your case and help you determine the best way to proceed.
27th September 2015 4:02pm
How will I know if I pay my money it'll be guaranteed service? I don't have money to waste, so I really need to know.
We cannot guarantee the expungement will be granted, however, for a Texas Expungement we do offer a money-back guarantee.  This means that if your expungement is denied we will refund your money. We will refund everything except for a small research fee and court filing fees are not covered. If we determine that your case is eligible, we are very confident in our ability to get the case granted.  Please contact us if you have additional questions on the process or our money-back guarantee.  Thank you.
21st September 2015 4:58pm
Hello, I received a citation for drug paraphernalia in 2009. I was not arrested and went to court. Paid the fine. Got deferred disposition and did the 90 day probation no problems. Irving TX municipal court is now showing the charge as dismissed. Do I need to claim this on my nursing school background check? Will it show up since I was not arrested?
The fact that you were not physically taken into custody for the offense does not typically affect the way it appears on your background check. If the nursing school is requesting your provide information on dismissed charges or charges that you received deferred disposition for then you should follow their instructions.  Likewise, if the background check they run on you is looking for these types of cases, the case will appear.  Please take our eligibility test to determine if you are eligible for any of our services.
18th September 2015 1:53pm
Will it be removed from the Texas DMV records ?
No, as indicated above, this will not remove the case information from the DMV records. But generally, DMV records are automatically removed after a certain number of years.
James R.
3rd July 2015 6:43am
I travel a lot in my line of work. Do I have to be present in court to have my record expunged?
Generally no, you will not need to appear in court to have your record expunged.  We would have an attorney appear for you in court.  Judges can specifically request the petitioner personally appear; however, if that occurs and our client is unable to attend, we will do all we can to get the appearance excused and/or move the court date to a more convenient date/time.
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?
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
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?
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.
phillip riley
7th June 2015 1:48am
Can you get your concealed handgun license with two expunged felonies?
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.
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
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.
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.
Your criminal record is never automatically sealed or expunged. With the state and federal agencies, it will still remain.  
For commercial background check companies that many types of employers use, Texas is one of a handful of states that has a limit of 7 years for private background check companies to report 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.  The record itself, with the court and DPS will never be cleared without applyng for some sort of relief.
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.
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.
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
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.
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.
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.
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?
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.
6th February 2015 8:00pm
Live in CA got ticket in TX.. Can i stil get it expunged?
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.
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.
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.
Ricardo Guajardo
5th February 2015 9:58am
Is a judicial clemency the same as a pardon?
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.
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.
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.
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.
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.
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.
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.
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?
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.
16th July 2014 3:05pm
How can I get a terroristic charge, which I already served time for, off of my record?
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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