Criminal Record in Texas — What It Means and What Can Be Done About It

A Conviction From Years Ago Can Still Control Your Life Today

A criminal record in Texas does not expire. There is no automatic clearing. There is no point at which a conviction disappears on its own. The arrest, the charge, the conviction — all of it stays on your record permanently unless you take specific legal action to remove it.

For most people, that means a record they have been living with for years — sometimes decades — continues to affect employment decisions, housing applications, professional licenses, immigration status, and firearms rights long after the sentence was served.

In some cases, something can still be done about it. In others, it cannot. Understanding which situation you are in requires knowing exactly what Texas law allows — and what it does not.

What a Criminal Record in Texas Actually Contains

Your Texas criminal record includes every arrest, charge, and conviction that has been reported to the Department of Public Safety. An arrest appears on your record even if the charge was dismissed. A deferred adjudication appears even after successful completion. A conviction is permanent unless specifically removed through expunction or nondisclosure.

Texas does not automatically seal or expunge old records based on the passage of time. A conviction from 1998 shows on a background check in 2026 the same as it did the day it was entered. The only way to remove it is through a court order.

Expunction — The Only Complete Solution

An expunction under Texas Code of Criminal Procedure Chapter 55 is a court order requiring all agencies — DPS, the arresting agency, the prosecutor’s office, the courts — to destroy all records of the arrest and charge. After a successful expunction, the arrest legally did not happen. You can deny it on a job application. It will not appear on a background check.

Expunction is available in Texas in specific circumstances:

An arrest where no charge was filed, and the applicable statute of limitations has expired. A charge that was dismissed. A charge resolved through deferred adjudication on a Class C misdemeanor. An acquittal at trial. A conviction that was overturned on appeal or by the Texas Court of Criminal Appeals. A conviction for which a full pardon was granted.

A conviction that was simply served — where the person pled guilty, served the sentence, and moved on — is not eligible for expunction in most circumstances. The conviction is permanent.

Nondisclosure — A Partial Solution for Some Convictions

An order of nondisclosure under Texas Government Code Chapter 411 does not destroy records — it seals them from public view. After nondisclosure, the record cannot be disclosed by most agencies to most employers. However, law enforcement can still see it. Certain licensing boards can still see it. It is not available for all offenses.

Nondisclosure is generally available after successful completion of deferred adjudication probation on qualifying offenses, after applicable waiting periods. It is not available for family violence offenses, sex offenses, offenses requiring sex offender registration, murder, or certain other serious crimes.

For many clients, nondisclosure is the only realistic option. It does not clear the record entirely, but it removes the conviction from most background checks that affect employment and housing.

When a Very Old Conviction Can Still Be Challenged

In Texas, there is no deadline for filing a writ of habeas corpus challenging a felony conviction. A conviction from 1985, 1998, or 2005 can still be challenged — if the legal grounds exist and the State cannot demonstrate it has been prejudiced by the delay.

The doctrine of laches can bar relief on old convictions, but it does not do so automatically. The State must show that the delay was unreasonable and that it has been actually prejudiced by the passage of time. A legal claim that could not have been known earlier — or where the passage of time does not undermine the State’s ability to respond — is not automatically barred.

In 2024, our office successfully overturned a Travis County felony conviction from 1998 before the Texas Court of Criminal Appeals. The client had pled guilty to possession of cocaine under one gram — a state jail felony — based on the advice of a Houston attorney who had no knowledge of Travis County’s drug diversion program. The client qualified for the program in every respect. Had he been placed in it, the charge would have been dismissed and no conviction would have resulted.

Instead, he carried a felony on his record for 25 years. He had four children and a wife in the United States. His immigration status was directly affected by a conviction his attorney told him would not affect his immigration status at all.

The Texas Court of Criminal Appeals granted the writ. The conviction was overturned. The case changed the law on how laches applies to old convictions challenged on ineffective assistance of counsel grounds — a ruling that now affects how appellate attorneys across Texas approach decades-old cases.

Twenty-five years is a long time to carry something that should never have happened.

What Our Expunction Practice Does

Our expunction practice is led by Kenneth Hines, who has handled record clearing cases in Travis County, Williamson County, Hays County, and Caldwell County for 18 years. When a case is dismissed — whether through suppression, negotiation, or trial — we move immediately to file the expunction petition. We do not wait for clients to ask.

For clients who come to us years after a dismissal, expunction is still available in most circumstances. There is no deadline to file an expunction petition after a qualifying dismissal, though waiting can complicate the process as records become harder to trace.

For clients with old convictions who believe the conviction itself was wrongful — because of bad legal advice, a constitutional violation, or newly discovered evidence — we evaluate whether a writ of habeas corpus is viable. Not every old conviction can be challenged. But some can, and the consequences of not trying are permanent.

How Criminal Records Affect Different Areas of Life

Employment

Most employers run background checks. A felony conviction appears and must be disclosed on most applications. Texas does not prohibit employers from asking about criminal history on initial applications, though some cities have adopted ban-the-box ordinances. Professional licenses — nursing, law, teaching, contracting — have their own separate disclosure and eligibility rules that a conviction can trigger.

Immigration

A felony conviction can trigger deportation proceedings, bar adjustment of immigration status, and permanently affect applications for citizenship. The interaction between Texas criminal law and federal immigration law is complex and the consequences of a guilty plea are not always explained correctly — as the Diaz Hernandez case demonstrates. If immigration status is relevant to your situation, the immigration consequences of any plea must be analyzed before you agree to anything.

Firearms Rights

A felony conviction in Texas permanently prohibits firearm possession under both state and federal law. A family violence conviction — even a misdemeanor — permanently strips federal firearms rights under 18 U.S.C. 922(g)(9). These restrictions are not removed by completing probation, paying fines, or the passage of time. Only a full pardon restores firearms rights in most circumstances.

Housing

Landlords run background checks. A felony conviction can disqualify applicants for rental housing, federally subsidized housing, and some homeowner associations. There is no Texas law prohibiting landlords from denying housing based on criminal history, though some local ordinances impose limitations.

Professional Licenses

The Texas Department of Licensing and Regulation and other licensing bodies have their own rules on criminal history. Some convictions are automatic bars. Others trigger a review. The specific offense, the sentence, and how much time has passed all factor into the analysis. An expunction or nondisclosure can affect whether a conviction must be disclosed to a licensing board.

Frequently Asked Questions — Criminal Record Texas

Does a criminal record go away after 7 years in Texas?
No. Texas has no 7-year rule for criminal records. A conviction is permanent unless removed through expunction or nondisclosure. The 7-year figure refers to a federal credit reporting limitation — consumer reporting agencies generally cannot report convictions older than 7 years on employment background checks for jobs paying under $75,000 annually. The record itself does not disappear.

Can a felony be expunged in Texas?
A felony conviction generally cannot be expunged unless it was overturned or pardoned. A dismissed felony charge can be expunged. A deferred adjudication on a felony can potentially be sealed through nondisclosure after the applicable waiting period, but not expunged.

How long does it take to get an expunction in Texas?
The process typically takes 3 to 6 months from filing to final order. Kenneth Hines leads our expunction practice and handles cases across Travis County, Williamson County, Hays County, and Caldwell County.

Can a very old conviction be challenged in Texas?
Sometimes. There is no deadline for filing a writ of habeas corpus challenging a felony conviction in Texas. The viability depends on the legal grounds available, whether the State can demonstrate prejudice from the delay, and whether the claim could have been raised earlier. Our office has successfully overturned a conviction from 1998 before the Texas Court of Criminal Appeals in 2024.

Does completing probation clear a conviction in Texas?
No. Completing probation on a conviction does not expunge or seal the record. Completing deferred adjudication probation — which is different from a conviction — may make you eligible for nondisclosure after the applicable waiting period.

What is the difference between expunction and nondisclosure in Texas?
Expunction destroys the records entirely. After expunction, the arrest legally did not happen. Nondisclosure seals the records from public view but does not destroy them. Law enforcement and certain licensing boards can still access sealed records.

Find Out What Your Record Actually Shows — and What Can Be Done

Most people do not know exactly what their criminal record contains or what options exist to address it. A dismissed charge from years ago may be expungeable today. A deferred adjudication may be eligible for nondisclosure. An old conviction based on bad legal advice may be challengeable.

Call the Law Office of David D. White at (512) 369-3737 for a free consultation. Kenneth Hines leads our expunction and record clearing practice and has handled these cases across Central Texas for 18 years. We are available 24 hours.

A record that has followed you for years may not have to follow you forever.