What’s at stake
A background check may show an arrest without showing how it ended. First identify what the report actually says, which agency supplied the information and which job, license or application is affected. Correcting a factual error and requesting a court order to restrict accurate history follow different procedures.
What a Texas court looks at
The attorney matches each charge and final disposition to the applicable statute, verifies dates and identifies the agencies holding records. Expunction and nondisclosure use different court procedures. Once an order is signed, keep a certified copy and ask how to confirm that the named agencies received it.
What happens next
- Locate arrest identifiers, court records and discharge orders. Check every count, county and related case before evaluating eligibility.
- Assess expunction under Texas Code of Criminal Procedure Chapter 55A or possible nondisclosure under Government Code Chapter 411. The relief and exceptions differ.
- Identify the correct court, filing or order procedure and affected agencies. After an order, keep a certified copy and follow up on records that still appear.
Timing and deadlines
Some cases have a statutory waiting period, and the triggering date depends on the disposition and applicable section. Filing, hearing and agency processing add separate intervals.
Costs and payment
Ask about filing fees or applicable waivers, certified copies, service, and whether follow-up with record holders is included. Eligibility review can prevent paying to file in the wrong court.
How to prepare
- Bring the arrest date, arresting agency and case numbers.
- Obtain judgments, dismissal orders and supervision discharge paperwork.
- Bring the actual background report, with the reporting company and date.
How Angel and his team can help
Bring the entire report, any case numbers, certified dispositions and a copy of any previous sealing or expunction order. If a job or license application is pending, bring the actual question and the response deadline. Tell Angel about arrests in other counties so the review covers everything that could affect eligibility.
Speak with the officeQuestions and answers
Will a dismissal disappear from a background check by itself?
An arrest or filing can remain visible after dismissal. Counsel must check why the case ended, other charges from the arrest and whether a statute authorizes an order.
Do sealing and expunction do the same thing?
Nondisclosure limits public release, while authorized agencies can still access information. Expunction provides broader relief for eligible records, subject to statutory exceptions.
Does successful deferred adjudication guarantee eligibility?
The offense, prior history, later cases and completion date can all matter. Bring the original order and discharge rather than relying only on the label on a background report.
If no charge was filed, how long before I can ask about expunction?
For one statutory route under article 55A.052, example waiting periods from arrest are 180 days for a Class C misdemeanor, one year for Class A or B, and three years for a felony. A felony from the same transaction changes which period applies. Other eligibility requirements and a prosecutor-certification route can change the analysis. Without that certification, the order must allow limited retention by the applicable police agency and prosecutor.
My Texas record has the wrong final outcome. How do I correct it?
Get the certified court disposition and compare identifiers such as the cause number and arrest date. Texas DPS has an Error Resolution Unit that accepts certified documentation. If another person used your identity during an arrest, tell counsel because DPS uses a different identity-misuse procedure.
Two charges came from one arrest. Can you review just the dismissed one?
Bring the dispositions for both and identify which acts each charge concerns. The outcome of a companion charge, and whether the charges arose from the same transaction or criminal episode, may affect expunction. Counsel needs the charging papers and judgments to identify a possible route for the requested records.
What if a background-check company still shows the old result after a court order?
Save the dated report and identify the vendor. Compare it with the signed order and current court or DPS records. Ask counsel which agency may need follow-up and how to send a documented dispute to the vendor. DPS explains that it cannot compel an independent website to update its data.
I was under 18 when it happened. Which records procedure applies?
Start with the court that actually handled the matter. A juvenile adjudication generally calls for review under juvenile-record laws, while an adult criminal case follows the applicable adult statutes. Bring the juvenile petition or adult charging paper and disposition, especially if there was a transfer hearing.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.