Will a Dismissed Charge Appear on a Background Check in Texas?

Even if you are arrested and the charge is dismissed, it’s only part of the legal battle. You will still have the arrest on your public record. Arrest records are not instantly removed from the public eye, even if an arrest does not lead to a conviction. 

So, if you’re trying to get a job, a prospective employer will see the arrest. It will continue to show up unless you submit an order of expunction to remove the incident from the database. 

To receive an expunction, you need to file a civil petition in the district court of the county where the arrest occurred. Read what a dismissed charge actually means for your record in Texas and the eligibility paths under Article 55A.101.

After the incident is removed, you can, by state law, apply for jobs and deny that you’ve ever been arrested.

Removing Criminal Convictions

You cannot file for an expunction if you were convicted, whether you’re found guilty or not. For instance, if you are sentenced to probation or deferred adjudication probation, you cannot get your record expunged.

The only exception to the rule is if you plead guilty to a class C misdemeanor and the case was eventually dismissed (typically because of a deferred probation). Another exception is if you were found guilty of an age-restricted DWI offense.

People who are convicted of an unlawful carrying weapon’s charge (UCW), prior to September 1, 2021, can also get their record expunged. Expunction may also be granted to you if you were convicted but later pardoned for the crime.

Deferred Prosecution and Dismissals

Deferred prosecution refers to a pretrial diversion court program. This program, which is offered through plea bargain arrangements, allows you to have your record expunged – provided you complete the process successfully.

However, don’t confuse deferred prosecution with deferred adjudication, as the two programs are not the same. Deferred adjudication is a type of probation. 

In most instances, you won’t qualify for an expunction for a deferred adjudication that ends in a dismissal of your charges. You’re only eligible, as noted, by completing the probation for a class C misdemeanor offense. 

Nevertheless, you may still apply for an order of nondisclosure, which seals your file from employers or housing authorities. While law enforcement can still access your record, your prior arrest and conviction are not available for public view.

Therefore, expunctions and orders of nondisclosure are similar, with a few salient differences. Both an expunction and nondisclosure represent a judicial order that clears a criminal history.

An order of expunction, however, extends to a wider array of public, private, and governmental agencies. If your dismissal is expunged, all the parties subject to the order must delete, redact, or destroy the records associated with the arrest.

Immigration Law and Dismissed Cases

To comply with immigration legislation, immigrants cannot expunge (erase) a dismissal or seal an arrest and conviction. Therefore, an arrest, even when dismissed, will stay on their criminal history.

Contact a Lawyer About Removing or Sealing an Arrest Record or Conviction Today

If you have questions or concerns about removing a dismissal or an arrest from your criminal history, schedule an appointment with an attorney. In Texas, contact David D. White, PLLC. Schedule an appointment to get your questions answered today.