Can police see expunged records in Texas?
Asked by: Dr. Darrel Hintz | Last update: September 6, 2025Score: 4.9/5 (57 votes)
And, with nondisclosure, law enforcement agencies and all Texas professional licensing agencies will still see the records. Expungement, on the other hand, gets rid of your criminal record entirely. It is no longer there for anyone to find, even with a court order.
Can law enforcement see expunged records in Texas?
The courts and law enforcement will be prohibited from disclosing your criminal history. However, some licensing agencies and public entities may be able to access it. However, you can choose to erase or expunge your record. If you expunge your crime, then all records of the arrest or conviction will be erased.
Will my expunged record show up on a background check in Texas?
If you've had records sealed or expunged, they should not appear on a background check. However, errors occur, and it's crucial to ensure that these records have been properly removed from your history.
Can local police see expunged records?
Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
How long does it take for an expungement to come off your record in Texas?
In most cases, you can expect to wait 30-90 days to schedule the hearing date after you file this petition. The entire process can take up to six months to complete. Once the court grants your expungement, however, it may take agencies up to 6 months to destroy records complete.
Who is Eligible for Expungement in Texas?
What crimes cannot be expunged in Texas?
- Murder.
- Manslaughter.
- Sexual Assault of a Child.
- Aggravated Sexual Assault of a Child.
- Continuous Sexual Abuse of Young Child or Disabled Individual.
- Indecency with a Child.
- An offense involving leaving the scene of a collision if resulting in the death of a person.
What are the benefits of expungement in Texas?
By expunging your record, you can truthfully state that you have not been arrested or convicted, thus improving your chances of obtaining employment. An expunction can also have a profound impact on your housing options.
Can the FBI see my expunged record?
Expunged records can, in some cases, appear on FBI background checks, especially those conducted by law enforcement or certain government entities.. While expungement is meant to remove or restrict access to criminal records, the effectiveness of the process varies by jurisdiction.
Can a cop look up your record?
Yes, absolutely! They can find out if there are any unpaid tickets, any other driving infractions, suspensions, criminal history, parole or probation status if applicable, and any outstanding warrants out for your arrest.
What agencies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
Do I have to disclose an expunged record in Texas?
Again, people do not have to disclose that they have an expunged record. And they don't have to say they were arrested if asked. However, there is an exception. If a person is asked under oath, all they have to say is that their record has been expunged.
How many years back does a background check go in Texas?
The standard for employment-related background checks in Texas is seven years, except for criminal convictions, which may be reported indefinitely. The seven-year limit applies to tax liens, suits or judgments, and most credit history. Records of bankruptcies may go back as far as 10 years.
Can employers see expunged misdemeanors?
Under California law, it is unlawful for an employer to gain access to information on an arrest that did not lead to a conviction unless there is a pending arrest. Employers cannot receive information on any convictions expunged or sealed.
Will a sealed record show up on a background check in Texas?
Do Sealed Records Show up In Texas Background Checks? No, after the court has sealed a record, it typically doesn't show up on background checks.
What is the difference between sealed and expunged in Texas?
Expunging criminal records destroys the records, and sealing records hides them from public view. Sealing or expunging your criminal record will keep it out of public background checks from employers and landlords. Some government agencies and law enforcement will still be able to access your sealed records.
How many expungements can you get?
There are no limits to how many times you can file a petition for a Section 1 expungement, and they may be filed even if the individual has previously filed for expungement of convictions.
What information do cops have access to?
The main information provided is your license plate number, which allows them to access the vehicle's registration details and owner information. They also have access to criminal databases, allowing them to check if the vehicle is stolen or the owner has a criminal record.
Can the police see my history?
Law enforcement agencies can monitor your internet activity by obtaining access to your browsing history. This includes websites visited, searches made, and even the content you interact with.
What happens if a cop pulls you over but doesn't give you a ticket?
Discretion of the Officer: Often, police officers have discretion in whether to issue a ticket or a warning during a traffic stop. If the officer returned your documents without issuing a ticket, it's possible they decided to give you a verbal warning instead.
Can the government see expunged records?
Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.
Do expunged records show up on fingerprinting in Texas?
Yes – your fingerprints will still be on file at both the state and federal levels. That's because fingerprints are physical records, and expungements do not destroy them. At the state level, your fingerprints won't be connected to your expunged case, but they could still be used to identify you.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
Which is better a pardon or expungement?
If you are pardoned for an offense, the government "forgives" you for your crime—but depending on the state, your criminal record may not be erased. On the other hand, if your record is expunged, it is "forgotten" for most purposes and likely sealed from public view.
How long does it take for your record to clear after expungement in Texas?
There is no specified time limit for the agencies to return or destroy a criminal record. However, they must destroy or send the entire criminal record to the court within one year of the expunction being granted. In reality, agencies typically destroy records much sooner than one year.
What are the rules for expungement in Texas?
- Acquittal by Judge or Jury (after trial)
- Pardon or Actual Innocence Finding (post-conviction)
- Acquittal by Appellate Court (post-conviction)
- UCW Conviction prior to September 1, 2021.
- No Charges Presented Within Certain Time Period (limited expunction)