Once a person has a criminal record, it can be difficult to get a job. Fortunately, over time, certain convictions may no longer appear on your record. Below are answers to questions about whether criminal records are erased after seven years.
What does a background check show? What appears on a background check can vary depending on the employer and the type of job a person is applying for. Employers will conduct background checks to find the best person for the job and protect themselves from future liability claims.
Common examples of when a felony may be cleared in Texas
- Any felony of which you are charged in Texas and of which a judge or jury has found you not guilty (acquitted by the court of first instance) can be deleted.
- If a person is convicted of a crime but is later pardoned or granted relief based on actual innocence, they are entitled to have their records for the applicable crime erased.
- Offenses covered by Section 46.02(a) of the Texas Criminal Code for unlawful possession of a firearm because that section existed for a crime committed before September 1, 2021.
- Charges that do not result in a final conviction and are no longer pending and there is no court-ordered community supervision unless the offense is a Class C misdemeanor provided that 1) to no charge or other instrument of indictment has been brought against the person at any time after the arrest or has been released or set aside, 2) a specified time has elapsed since the date of the arrest (this length of time varies by offense), and 3) the person has previously received no deletion of records and arrest files.
- Criminal prosecution is no longer possible because the limitation period has expired.
- When a person is tried and convicted but later acquitted by the Superior Court, the time limit for granting a discretionary review request has expired, or the government agency competent to prosecute the offense recommends deletion.
- The person has been pardoned for the offense by the Governor of Texas or the President of the United States.
- Certain minor offenses.
- Conviction of a minor for certain alcohol-related offenses.
Many different circumstances may preclude a person with a criminal record from deletion. With limited exceptions, a person cannot have a criminal record wiped if they have been convicted of a felony, one of the many consequences of a felony conviction.
How to get a background check in Texas
In the state of Texas, the Texas Department of Public Safety (or TxDPS) conducts all background checks. This government agency operates the state’s conviction database, which serves as a central repository for public criminal records derived from the Computerized Criminal History (CCH) system.
CCH is a single database. It contains all of the state’s criminal records from public and private sources, but can only be viewed by authorized law enforcement and law enforcement agencies.
Your criminal record is still not gone after 7 years, so do you need to speak to a criminal record eradication attorney?
Since your criminal record is permanent – it doesn’t go away after seven years – you may want to speak to an attorney to work it out for yourself.
Call our office at 847-920-4540 to get a free case review now. We can tell you if you’re entitled to have it erased or sealed and we can then help you make that happen.
How long is a minor’s criminal record?
A juvenile criminal record in Texas is not confidential. And the record isn’t automatically stamped when you turn 18. When a recording is unsealed, it can be read by law enforcement, probation officers, juvenile justice officers, prospective employers, educational institutions, and some other parties.
For juvenile criminal records, Texas law allows you to seal some convictions after a waiting period under Family Code §58.253.
A new “automatic sealing procedure” removes the requirements for filing an application or request for the sealing of records and prompts the juvenile court to order the sealing of records if the minor meets the legal criteria. Another law allows you to erase some criminal records (e.g. minor alcohol offences) that have been dealt with in municipal or judicial courts.