If you’ve been convicted of a crime or even arrested in Texas, you may be left wondering how long the repercussions will follow you. Criminal records in Texas can have long-lasting consequences, potentially affecting everything from job opportunities to your eligibility for certain benefits. But how long does a criminal record really stay with you in Texas, and is there anything you can do to lessen its impact?The answer varies depending on several factors, including the nature of the offense, whether or not you were convicted, and the legal actions you take to clear your record. While a criminal record can stay with you for life in Texas unless you take steps to have it removed, there are options available to help you move forward.In this guide, we’ll explore the process, duration, and impact of criminal records in Texas and discuss legal options like expungement and sealing to help you regain control of your future.
How Long Does a Criminal Record Stay On Your Record?
In Texas, a criminal record can last for a lifetime. Once an individual is arrested, charged, or convicted of a crime, the resulting record is generally permanent unless you take specific legal action to have it removed. Whether you were arrested and not convicted, or convicted of a misdemeanor or felony, your criminal history could be easily accessible to employers, landlords, and even government agencies unless you take steps to have it cleared.Even if charges are dropped or you are acquitted, an arrest record can remain visible. This is why it is crucial to understand how long a criminal record stays and how you may be able to take legal action to protect your future.
Types of Criminal Records in Texas
In Texas, there are various types of criminal records that may be associated with a person’s history. Each type can carry different implications depending on the circumstances.
Arrest Record: An arrest record is created when you are detained by law enforcement, whether or not you are convicted. Even if you were never formally charged or found guilty, an arrest record can still appear on your background check. In Texas, an arrest record is usually the first step in the process, but it doesn’t necessarily indicate guilt. However, it can still affect your personal and professional life in several ways.
Conviction Record: A conviction record is created when you are found guilty of a crime. Whether it’s a felony or a misdemeanor, a conviction will remain on your criminal record unless you take specific legal action to have it sealed or expunged. Convictions can severely impact your ability to obtain employment, secure housing, or even apply for certain government programs or benefits.
Expungement Record: Expungement is a legal process that allows for the removal of a criminal record from public view. In Texas, not everyone is eligible for expungement. Generally, you may qualify for expungement if you were acquitted of the charges, if the case was dismissed, or if you were found not guilty. Expungement is often a lengthy process that requires you to file a petition with the court.
Sealed Records: In some cases, criminal records can be sealed, meaning they are no longer accessible to most employers, landlords, or the public. However, sealed records still exist and may be available in certain circumstances, such as when applying for a government security clearance or certain jobs. Unlike expungement, sealing a record doesn’t erase it completely but limits access to it.
What Happens to Your Criminal Record After Conviction?
After a criminal conviction, your record typically remains on file with law enforcement and the courts, making it accessible to the public unless action is taken to expunge or seal it. In Texas, criminal convictions stay on your record for life, and they can impact many areas of your life. These effects include:
Employment: Many employers conduct background checks before hiring employees. A criminal record can disqualify you from certain jobs, particularly those that require professional licenses, clearances, or jobs that involve handling sensitive information. However, employers may be more lenient with minor offenses or if a significant amount of time has passed since the conviction.
Housing: Landlords may also perform background checks before renting to an individual. A criminal record can hinder your ability to secure rental housing, particularly in competitive markets. Some landlords may have strict policies against renting to individuals with criminal convictions, especially for serious crimes.
Government Benefits: Certain criminal convictions can affect your eligibility for government benefits such as student loans, housing assistance, and welfare programs. In Texas, people convicted of felony drug offenses may lose eligibility for certain types of financial aid or assistance programs.
Professional Licenses: Certain professions, such as law, healthcare, and teaching, require state-issued licenses. A criminal conviction can prevent you from obtaining or renewing your professional license, thus affecting your career. Texas has strict rules about criminal convictions and professional licensing, with some licenses automatically disqualified due to felonies.
Can You Remove a Criminal Record in Texas?
In Texas, there are options for removing or sealing criminal records, but they are not available to everyone. The two primary ways to reduce the impact of a criminal record are expungement and sealing records.
Expungement: Expungement in Texas is the process by which a criminal record is erased from all public databases. Expungement effectively wipes your record clean, so it no longer appears in background checks. To be eligible for expungement, you must meet certain conditions, including:
You were acquitted of the charges or the case was dismissed.
You were arrested but never charged with a crime.
The statute of limitations for the offense has passed.
You completed a deferred adjudication and fulfilled all terms of probation.
Expungement is not available for all criminal records, and the process requires filing a petition with the court and possibly attending a hearing. Additionally, you may need the assistance of an attorney to navigate the legal process.
Sealing Records: Sealing a record (also called a non-disclosure order) is another option available to certain individuals. If your conviction was for a non-violent felony or certain misdemeanor offenses, you may be eligible to seal your record. This process doesn’t erase the record but makes it inaccessible to most employers, landlords, and the public. Sealing a record can be helpful if you’re looking to move forward in your life but don’t qualify for full expungement.
How to Get Your Record Expunged or Sealed
If you believe you qualify for expungement or record sealing in Texas, it’s crucial to start the process as soon as possible. The first step is to consult with an experienced criminal defense attorney who can review your case and help you determine your eligibility.
Petition for Expungement: To expunge your record, you must file a petition with the court that handled your case. The court will review your case and determine whether you meet the legal requirements for expungement. If the petition is granted, your record will be erased.
Petition for Sealing: If you are eligible to seal your criminal record, you must file a petition for a non-disclosure order. The process is similar to expungement, but the court will determine whether sealing your record is appropriate based on the nature of your conviction and other factors.
Attend a Hearing: In some cases, a hearing may be required to determine whether your petition for expungement or sealing will be granted. At the hearing, the judge will review your case and any objections from the prosecution or law enforcement.
A criminal record in Texas can have lasting consequences, but it doesn’t have to control your future. If you’ve been convicted or arrested, it’s important to know your rights and take action to clear your record if possible. While a criminal record can stay with you for life unless you take legal action, expungement and sealing offer potential solutions.If you’re looking to remove a criminal record from your history, contact The Greening Law Group. Our experienced attorneys can guide you through the process of expungement or sealing and help you regain control of your future.
