Clearing a criminal record can provide a fresh start, but understanding the difference between expungement and record sealing is essential. In Texas, expungement completely erases your record, while sealing limits public access but does not remove it entirely. Knowing which option applies to your situation can help you take the right steps toward protecting your future when crafting your criminal defense strategy.
What Is Expungement in Texas?
Expungement allows for the complete removal of a criminal offense from your record, making it as if the arrest or conviction never happened. Under Texas Code of Criminal Procedure § 55.01, expunction is available in limited circumstances, including cases where charges were dismissed, acquittals occurred, or the defendant completed a pretrial diversion program. Once your record is expunged, it cannot be accessed by employers, landlords, or law enforcement agencies.
Who Qualifies for Expungement?
Not everyone with a criminal record is eligible for expungement, as the process is only available for specific cases. Those who qualify include individuals who were arrested but never charged, had their charges dismissed, or were found not guilty at trial. Certain juvenile offenses and Class C misdemeanors, such as misdemeanor driving while intoxicated (DWI) or drug charges handled through deferred adjudication, may also be eligible for expungement.
What Does It Mean to Have a Record Sealed in Texas?
Sealing a criminal record, also known as obtaining a nondisclosure order, restricts public access to the record but does not erase it entirely. While the general public cannot see a sealed record, law enforcement agencies, licensing boards, and certain employers may still have access. The following are key differences between sealing a record and expungement:
- Expunged records are completely removed, while sealed records may still be viewed by government agencies. Sealed records remain on file but are not available in standard background checks.
- Expungement is only available for cases where charges were dismissed, or a not-guilty verdict was reached. Sealing is an option for certain convictions or deferred adjudication cases where the person successfully completed their sentence.
- Expunged records allow you to deny that an arrest or conviction ever occurred. With a sealed record, you may still be required to disclose your criminal history in certain situations, such as applying for government jobs or professional licenses.
Sealing a record can provide relief for those who do not qualify for expungement but still want to limit public access to their criminal history. While it does not fully erase the record, it helps prevent employers, landlords, and the general public from viewing past convictions.
How Expungement and Record Sealing Affect Background Checks
Expungement prevents a criminal record from appearing on background checks, meaning employers, landlords, and most organizations will not see any record of the arrest or conviction. A sealed record, however, may still appear in certain government or law enforcement searches. If you are applying for a job in education, law enforcement, or healthcare, a sealed record may still be considered in hiring decisions.
The choice between expungement and record sealing depends on the specifics of your criminal record and your eligibility under Texas law. If you qualify for expungement, it provides the most complete removal of your record, offering greater protection for future job applications and background checks. If expungement is not an option, sealing your record can still limit public access and improve your ability to move forward without past convictions affecting your future.