What felonies Cannot be sealed in Texas?
Asked by: Daren Schinner | Last update: May 26, 2025Score: 4.8/5 (33 votes)
Limitations to the Expunction Process in Texas Texas recognizes that a conviction for certain criminal offenses involving sexual assault or violent acts cannot be removed from your criminal record.
What felonies 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.
Do felonies go away after 7 years in Texas?
There is a common myth that criminal charges are automatically removed after 7 years, however, this is simply not true.
What is the 7 year felony rule in Texas?
Texas law provides some protections to job applicants by prohibiting reports conducted by consumer reporting agencies to include criminal history information older than 7 years in their reports. The federal Fair Credit Reporting Act provides similar protections. However, there are some exceptions to this “7-year” rule.
Will a sealed record show up on a background check 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 Types Of Records Can And Cannot Be Expunged In Texas?
Can I buy a gun with a sealed record in Texas?
A person with a sealed record could purchase a gun if the federal background check clears them to do so, or if they decide to buy from a private vendor.
How long does a felony show up on a background check 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.
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.
Can a felon carry a gun after 10 years in Texas?
Section 46.04 of the Texas Penal Code makes it illegal for someone convicted of a felony to possess a firearm. If more than 5 years have passed since completing their prison sentence (including parole or probation), the law allows possessing a firearm at home. Federal law does not contain that exception.
What is the second chance program for felons in Texas?
In Texas, certain types of first-time, low-level offenders are given this second chance at a fresh start. This helps them to obtain employment without their record being a part of their application. Once you have met all of your obligations under the law, Texas's "Second Chance Law" allows you to move on.
How do I get rid of a felony in Texas?
The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.
What jobs can you not get with a felony in Texas?
The majority of good-paying professional careers such as those in the medical, legal, and financial fields, including insurance, require an official license. Other fields such as real estate, pharmacology, and even cosmetology, require professional licensing which is not available to felons.
Does a felony stay with you forever?
In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.
Do felonies stay on your record forever in Texas?
The short answer is that without any further legal action, a felony charge or conviction will remain on your record for the rest of your life. However, Texas law offers two options to have your criminal record changed or sealed.
What is the difference between sealed and expunged in Texas?
If you wish to erase your record entirely, you must enter an order of expunction. Each process has its own procedures and eligibility rules. Sealing your criminal record means that only certain entities will be able to see your record.
How much does it cost to expunge a felony in Texas?
The legal fees to research, draft and prepare the lawsuit that will be filed on your behalf to expunge or seal your records can range from $750 to $2,500, again, depending on the jurisdiction and the nature of the original charges.
Can my wife own a gun if I'm a felon in Texas?
So you can own a firearm if you're married to a convicted felon, but unless you live in different homes entirely, firearms cannot physically be in your home. If you want to live with your spouse without the risk of them going to prison, you need to remove your firearms from your home.
Can a felon get a passport?
Yes, a convicted felon can usually get a passport, but it depends on the felony and other factors: Felony typeSome felonies can automatically disqualify you from getting a passport, including: International drug trafficking Trafficking minors "Sex tourism" offenses Treason.
Can felons own black powder guns in Texas?
Under this description, most muzzleloaders and black powder guns would be considered antique firearms. Due to their unique characteristics, these antique weapons are excluded from the definition of firearms under Texas state and federal law. This means that a felon can own an antique firearm without prohibition.
Do felonies fall off after 7 years?
Felony convictions are not automatically expunged with the passage of time but require the filing and granting of an Expungement Petition by the Court. Many felony cases are "wobblers"; that is, they can be reduced to misdemeanors (even after many years) and then expunged in the same court proceeding.
What is the 7 year rule?
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.
What is a red flag on a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
What is the Texas 7 year rule?
Summary. Texas' Business and Commerce Code Section 20.05 limits consumer reporting agencies (background screening companies) from reporting criminal convictions older than seven years to employers.
Can you rent an apartment with a felony in Texas?
There may be some restrictions on public housing (government assisted living) but there are no restrictions on a convicted felon being able to lease an apartment unless he/she is a convicted sex offender.
How to expunge your record in Texas for free?
Get Help Clearing Your Record
The Texas Fair Defense Projects provides free assistance to people who qualify for expunctions or nondisclosure orders. Applicants are required to submit a DPS Criminal History Report along with their application to determine eligibility.