This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
If you have been convicted of a misdemeanor in Texas, you may wonder how long it remains on your criminal record. The short answer is that a misdemeanor conviction typically remains on your criminal history permanently. However, this doesn’t necessarily mean that it will always be visible on background checks. The public record can sometimes be sealed or restricted, making it less likely that potential employers or other agencies will have access to it.
Understanding the legal process, including expunction and non-disclosure orders, is key. At LaVine Law Firm, we can help you explore your options for sealing or removing a misdemeanor from your criminal record.
A misdemeanor conviction in Texas typically remains on your criminal record for an indefinite period. However, this does not mean that the public or government agencies will always have access to it. Depending on the circumstances, Texas law provides options to seal or expunge records entirely.
Expunction allows for the complete removal of a misdemeanor offense from your criminal history, while a non-disclosure order can limit who can access the record. These options may help remove long-term legal consequences for certain misdemeanors, especially after successful completion of deferred adjudication or a pretrial diversion program.
When you hear the term “criminal record,” it’s important to understand that it doesn’t refer to a single document. Texas law distinguishes between your official criminal history and the information that appears on public or private background checks. Your criminal history may include a wide range of information, including misdemeanor charges and convictions. This record may affect your ability to secure professional licenses, apply for jobs, or even rent an apartment. At LaVine Law Firm, we can help clarify your criminal record and provide legal options for record sealing or expunction.
The Texas Department of Public Safety (DPS) maintains the official criminal history database. This database contains information on all criminal offenses in Texas, encompassing both misdemeanors and felonies. If you have been arrested or convicted, your information will be in this database. Law enforcement agencies, state agencies, and relevant agencies use this database when conducting background checks.
There is a distinction between public and private background checks. Public background checks are typically limited in what they can access, while private employers, lenders, or state agencies can see more detailed information. A criminal offense may remain visible to private employers or public safety entities even if you’ve had your misdemeanor expunged or had a non-disclosure order granted. Working with criminal defense lawyers can help you understand what is visible to potential employers or other entities.
The outcome of your misdemeanor charge determines how long a misdemeanor stays on your record. Dismissals or acquittals offer more opportunities for clearing your criminal history than a misdemeanor conviction. Understanding the differences between these outcomes is key to navigating Texas criminal procedure.
If your case was dismissed or you were acquitted (found not guilty), this is often the best outcome for clearing your criminal record. Once a misdemeanor charge is dismissed, you may be eligible for expunction, which completely removes the offense from your criminal history. This allows you to move forward without the burden of a criminal record forever impacting your future. Texas law allows for a petition to be submitted for expunging certain offenses, provided you meet specific requirements.
If you were convicted of a misdemeanor, your criminal record will reflect the criminal offense indefinitely. Misdemeanors like public intoxication, disorderly conduct, or family violence can stay on your record unless you qualify for deferred adjudication or a non-disclosure order. After completing deferred adjudication probation, you may be able to have the conviction sealed or request a non-disclosure to limit access to your criminal history.
However, certain misdemeanors may disqualify you from having them removed from the public record, depending on the type of offense. An experienced DWI lawyer can help you navigate the waiting period and determine whether record sealing or expunction is possible for your case.
In Texas, an expunction is the destruction of records related to an arrest or criminal charge, including class C misdemeanors and certain other offenses. It is the most powerful form of legal relief, allowing individuals to move forward without the burden of a criminal record. However, it has strict eligibility requirements, and not all misdemeanors qualify. At LaVine Law Firm, we help our clients understand the expungement process and guide them through the necessary steps to achieve a fresh start.
An expunction is the legal process through which an individual’s criminal history is completely erased, as if the offense never happened. Once an expungement is granted, the records are destroyed, meaning that law enforcement agencies, state agencies, and most private employers will no longer have access to the records. If deferred adjudication was completed, and all other conditions were met, an expunction could remove the misdemeanor charge from your criminal record forever.
Eligibility for expunction in Texas depends on the nature of the misdemeanor offense and the outcome of your case. If your case was dismissed, you were acquitted, or the charges were dropped, you may be eligible to apply for expungement. For certain minor offenses like traffic violations or public intoxication, if the court’s decision was in your favor, you may have a chance for your record to be permanently sealed. An experienced DWI lawyer can help determine whether your offense qualifies for this process.
Once your record is expunged, the effect is as if the misdemeanor never happened. This means the offense will no longer appear on background checks, and you won’t have to report it on job applications or other legal documents. This relief allows you to move forward without the long-term consequences of a criminal conviction. It’s an ideal solution for individuals who have completed deferred adjudication or those who qualify based on eligible offenses.
If you aren’t eligible for an expunction, a non-disclosure order may be the next best option to keep your criminal history private. This legal remedy allows you to seal your record from most public view, meaning it will not appear on standard background checks. However, not all misdemeanors qualify for this option, and specific waiting periods are involved. At LaVine Law Firm, we help individuals explore non-disclosure as a way to protect their future.
An order of non-disclosure prevents most government agencies and private employers from seeing your misdemeanor conviction. Although the criminal offense remains in state databases, it will no longer be accessible to the general public. Non-disclosure provides a measure of privacy, allowing individuals to rebuild their lives without the constant shadow of a criminal record.
To qualify for non-disclosure after a misdemeanor conviction, certain conditions must be met. For example, you may need to have completed deferred adjudication probation, paid all court costs, and avoided further criminal charges. Texas law allows individuals convicted of eligible misdemeanors to petition the court for a non-disclosure order, but there is a waiting period before you can apply. Our team at LaVine Law Firm can help determine whether your misdemeanor charge qualifies for a non-disclosure agreement.
Even though a non-disclosure order seals your record from most public view, certain entities may still have access. Law enforcement agencies and certain state agencies may be able to access sealed records, especially if you face a felony DWI or intoxication manslaughter charge in the future. However, for most private employers and the general public, the criminal record will no longer be visible. By working with criminal defense lawyers, we can help you understand the implications of a non-disclosure order and how to protect your future.
When seeking to clear or seal a misdemeanor record, it’s important to understand that these legal remedies are not immediate. There are statutory waiting periods set by Texas law that must be met before you can submit a petition for expunction or non-disclosure. These waiting periods vary depending on the nature of the offense and the type of relief sought.
For example, after successfully completing deferred adjudication, you may need to wait a certain period before requesting non-disclosure. If you have multiple misdemeanors, the court order may take longer to grant, and it’s crucial to manage these deadlines properly. At LaVine Law Firm, we help you navigate these waiting periods and ensure that you meet all requirements for expungement or non-disclosure.
Having a visible misdemeanor on your criminal record can lead to many long-term consequences that can affect your life in various ways. Whether it’s for employment, housing opportunities, or personal reputation, it’s essential to consider legal action to remove or seal your record. Texas code provides options, but misdemeanors remain part of a person’s criminal record indefinitely unless proactive steps are taken to clear them.
A misdemeanor charge visible on your record can disqualify applicants from employment or housing opportunities. Private employers often conduct background checks that reveal a person’s criminal history, and this may prevent you from landing a job or securing a rental property. Even if it’s a minor offense, the stigma can last long after the conviction, affecting your ability to thrive professionally and personally.
A misdemeanor can also affect your ability to obtain or maintain professional licenses in fields like law, healthcare, or finance. Felonies are more likely to disqualify applicants for such licenses, but misdemeanors can also cause significant setbacks. Additionally, some educational institutions may scrutinize your criminal history, which could impact your chances of achieving your educational goals.
Having a misdemeanor on your criminal record can negatively impact your personal reputation, making it more challenging to move forward with a clean slate. The lingering effects of a criminal charge can cause stress, anxiety, and uncertainty, especially when public safety or family violence is involved. By taking steps to seal your record or request expunction, you can regain peace of mind and ensure that your criminal record no longer holds you back.
Attempting to clear or seal your criminal record without professional help can be a costly mistake. The expunction and non-disclosure processes are complex, with specific legal requirements, strict paperwork, and deadlines that need to be followed carefully. If you make a mistake, like missing a court hearing or submitting the wrong petition, it could result in your request being denied, leaving the misdemeanor on your criminal record indefinitely.
Additionally, misdemeanors can result in jail time or other serious consequences, making it even more critical to get it right. At LaVine Law Firm, we help clients navigate the entire process, from submitting the petition to ensuring your misdemeanor is removed from your record in accordance with Texas law. Our experienced attorneys will ensure that your case is handled efficiently, protecting you from the long-term impact of a criminal offense on your personal and professional life.
A misdemeanor doesn't have to remain on your criminal record indefinitely. At LaVine Law Firm, we understand the long-term consequences that even a minor offense can have on your future. Whether you're seeking expunction or a non-disclosure order, we’re committed to helping you clear or seal your criminal history.
Our law offices provide a confidential consultation where we can review your criminal charge and determine if you're eligible for relief. Don’t let your misdemeanor affect your future—contact us today to begin the process of removing your criminal record or sealing it from public view. Call us now and take the first step toward moving forward.
Free confidential consultations
Aggressive representation
Affordable payment plans
Highly rated
Track record of results
