Will my expunged record show up on a background check in Texas?
Asked by: Elwin Gaylord | Last update: November 16, 2025Score: 4.4/5 (74 votes)
If someone's criminal history has been expunged, can the information still appear on the background check? Answer: The information is not supposed to appear on a background check; however it still may by mistake.
Who can see my expunged record in Texas?
Understanding the Law and Expungement in Texas
However, the documents are still there and can be opened with a court order. And, with nondisclosure, law enforcement agencies and all Texas professional licensing agencies will still see the records.
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.
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.
Who can see your record after expungement?
Also, certain government agencies will almost always have access to expunged records. Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
Do expunged charges show up on a background check?
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)
Can an expungement be reversed?
Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.
Can FBI see expunged records in Texas?
Expunged records will not appear on most background checks, as they are legally destroyed. Sealed records, however, may still be visible to certain government agencies, though they are hidden from public access, including standard employment checks.
Can an employer see a sealed record?
Who will be able to see my sealed records? All official records and papers relating to your arrests, prosecutions, and convictions on file with the Division of Criminal Justice Services (“DCJS”) or any court will be sealed and will not be available to most people, employers, and agencies.
How far back does Texas allow background checks?
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.
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)
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.
Does a criminal record clear 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.
Will an expunged record show up on a federal background check?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
How much does it cost to expunge your record 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 you be a police officer with a expunged felony in Texas?
Applicants must not have been dismissed or resigned in lieu of dismissal from employment for inefficiency or misconduct. Expungements. Under Texas law expungements are not accepted on convictions, even if the sentence was probation. Expungements from another state must meet the same standards as Texas law.
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.
Will an expunged record show up on a level 2 background check?
Typically, live scans cover criminal convictions within the last seven years, except for certain law enforcement roles that may require a more in-depth review, such as a Level 2 FBI check. The latter can expose all details on your record, including expunged records.
Will Truthfinder show expunged records?
Sealed or expunged records often aren't secret
Countless data companies, such as Mugshots.com or Truthfinder.com, track and publish arrests. Sealing and expunging removes an arrest record from public view within the court systems, but not other public databases.
Do expunged records show up on nics?
Expungement does not remove your case from this federal database. That means anyone who is able to run your fingerprints through the NCIC database could still find your expunged criminal record.
How to find out if your criminal record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
Will a sealed record show up on a background check Texas?
However, the FBI's background check system can only see records submitted to it by other law enforcement agencies and state courts. The existence of some sealed records may not have been made available to NICS and, therefore, will not show up on the background check.
How many times can you expunge your record?
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.
Can employers see sealed records?
A sealed record cannot be seen or considered by: • The general public • Landlords • Schools • Licensing boards • Most employers -- Employers who do not use FBI background checks won't see a sealed criminal record.
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.