Can assault family violence be expunged in Texas?

A conviction for assault family violence cannot be expunged in Texas. Expungement requires that no conviction resulted — and family violence convictions are convictions. Family violence convictions are also specifically excluded from nondisclosure eligibility, so the record cannot be sealed either. However, an assault family violence charge that was dismissed without a conviction may be eligible for expunction after the applicable statute of limitations period — for a Class A misdemeanor, two years — allowing all records of the arrest to be destroyed and legally denied.

Can assault family violence be sealed in Texas?

No. Texas Government Code Section 411.074 specifically excludes family violence convictions from eligibility for orders of nondisclosure — the mechanism that seals criminal records from public access in Texas. This exclusion is permanent and applies regardless of how long ago the conviction occurred, how successfully the defendant completed their sentence, or how many years of clean conduct have followed the conviction. Family violence convictions are permanently visible on public background checks.

How does an assault family violence conviction affect child custody in Texas?

Under Texas Family Code Section 153.004, a finding by a court that a party has committed family violence creates a rebuttable presumption that appointing that party as a managing conservator is not in the best interest of the child. A family violence conviction during the pendency of a custody or divorce case can fundamentally change the conservatorship determination. The conviction also remains available as evidence in any future modification proceeding — meaning its effect on custody is ongoing, not limited to the immediate case.

Family Law & Criminal Defense Blog

Does Assault Family Violence Stay on Your Record in Texas?

Q: Does assault family violence show on a background check in Texas?

Yes — permanently. An assault family violence conviction appears on criminal background checks maintained by the Texas Department of Public Safety and through third-party background check services. Family violence convictions are specifically excluded from nondisclosure eligibility under Texas Government Code Section 411.074, meaning they cannot be sealed from public background check databases. A family violence conviction from any year remains visible on background checks indefinitely and cannot be hidden through any currently available Texas legal mechanism.

Q: What is the difference between an assault family violence conviction and a dismissed charge for record purposes in Texas?

The difference is complete. A conviction is permanent, unsealable, and inexpungible — it appears on background checks indefinitely and cannot be removed through any currently available Texas legal mechanism. A dismissed charge — one that did not result in a conviction — is eligible for expunction after the applicable statute of limitations period, allowing all records of the arrest and the charge to be completely destroyed. After expunction, the defendant can legally deny the arrest ever occurred on employment and housing applications. The difference between conviction and dismissal is the most significant record consequence in any assault family violence case.

Post by GBarton

Nov 10 — 2023

Does Assault Family Violence Stay on Your Record in Texas?

A conviction for assault family violence in Texas stays on your record permanently. This is true whether the conviction is a Class A misdemeanor, a third-degree felony for a repeat offense, or a first-degree felony for aggravated family violence. There is no waiting period after which the conviction automatically falls off your record, no expungement available for family violence convictions, and — critically — no order of nondisclosure available either. Family violence convictions are specifically excluded from nondisclosure eligibility under Texas Government Code Section 411.074, meaning the record cannot be sealed from public access through any mechanism currently available in Texas.

This permanence is what makes the decision about how to handle an assault family violence charge one of the most consequential legal decisions a person can make. Every background check for employment, housing, professional licensing, military service, security clearance, and financial services will show the conviction for the rest of the defendant’s life.

Why Family Violence Convictions Cannot Be Sealed or Expunged

Most Texas misdemeanor convictions — including Class A misdemeanors for assault, theft, and many drug offenses — are eligible for an order of nondisclosure after the defendant successfully completes probation. An order of nondisclosure seals the conviction from public background check databases, allowing the defendant to legally deny the conviction on most private employment and housing applications.

Family violence convictions are specifically carved out of this eligibility by name in Texas Government Code Section 411.074. The legislature made a deliberate policy decision that family violence offenses — because of their ongoing nature, the power dynamics involved, and the risk of future violence — should remain permanently visible on the defendant’s record regardless of how successfully they complete their sentence or how much time has passed.

Expungement under Texas Code of Criminal Procedure Chapter 55 is even more limited — it requires that no conviction resulted from the arrest. Family violence convictions are convictions, and convictions cannot be expunged. An assault family violence arrest that resulted in a dismissed charge — not a conviction — may be eligible for expunction after the applicable statute of limitations period, allowing all records of the arrest to be destroyed. But once a conviction is entered, there is no path to expunction.

What the Permanent Record Affects

Employment. A family violence conviction appears on standard criminal background checks run by employers — the kind routinely conducted through the Texas Department of Public Safety’s criminal history portal and through third-party background check services. Most employers in Texas are aware that family violence convictions cannot be sealed, which means they are likely to see the conviction even years or decades after the fact. Employers in industries involving contact with vulnerable populations — healthcare, education, childcare, social services — are particularly likely to weigh a family violence conviction heavily in hiring decisions.
Housing. Landlords who run background checks will see a family violence conviction. Many housing applications ask specifically about family violence history. Apartment complexes, particularly those with children present, frequently decline applicants with family violence records as a matter of policy.
Professional licensing. The Texas Board of Nursing, the Texas Medical Board, the Texas Education Agency, the State Bar of Texas, the Texas Department of Licensing and Regulation, and virtually every professional licensing board in Texas conduct criminal history reviews that will surface a family violence conviction. Each board applies its own standards for evaluating the impact of a conviction on licensure — some require mandatory disclosure and review, others allow discretionary evaluation. A family violence conviction from five or ten years ago that was fully served and never repeated may be evaluated more favorably than a recent one, but it cannot be hidden and must be disclosed.
Military service and security clearances. The Lautenberg Amendment firearm prohibition — which attaches to any misdemeanor family violence conviction — effectively disqualifies a servicemember from performing duties requiring firearms qualification. Security clearance adjudicators evaluate family violence convictions under the adjudicative guidelines administered by the Defense Counterintelligence and Security Agency, weighing factors including the nature of the offense, how long ago it occurred, evidence of rehabilitation, and the overall pattern of conduct. A single older conviction with evidence of rehabilitation is not automatically disqualifying, but it must be disclosed and will be evaluated.
Immigration consequences. For non-citizens, a family violence conviction can constitute a crime of moral turpitude or a crime of domestic violence under immigration law — both of which carry significant immigration consequences including deportation, inadmissibility, and bars to naturalization. Non-citizens facing family violence charges should consult with both a criminal defense attorney and an immigration attorney before any plea is entered.
Custody and family law proceedings. In an ongoing divorce or SAPCR case, a family violence conviction creates a rebuttable presumption against joint conservatorship under Texas Family Code Section 153.004. A conviction for family violence during the pendency of a custody proceeding can change the entire trajectory of the conservatorship determination — and that effect is permanent in the sense that the conviction will be available as evidence in any future modification proceeding.

What a Dismissed Charge Means for the Record

While a conviction is permanent and unsealable, an assault family violence charge that is dismissed — without a conviction — produces a completely different record outcome. A dismissed charge is eligible for expunction under Texas Code of Criminal Procedure Chapter 55 after the applicable statute of limitations for the underlying offense has expired. For a Class A misdemeanor assault family violence charge, the limitations period is two years. After expunction, all records of the arrest and the charge are destroyed — the defendant can legally deny the arrest ever occurred.

This distinction is what drives the most important defense strategy in family violence cases. The difference between a dismissed charge and a conviction is the difference between an expungeable arrest and a permanent record that affects every background check for life. An attorney who fights aggressively for dismissal — through suppression motions, through investigation that uncovers the weaknesses in the state’s evidence, through cross-examination of the officer and the alleged victim — is fighting for an outcome whose record consequences are as important as the immediate criminal penalties.

The Most Important Implication for Anyone Facing This Charge

If you are currently facing an assault family violence charge in Bexar County — whether it is a Class A misdemeanor first offense or a felony repeat offense — the permanence of a conviction should be the primary factor driving your defense strategy. A plea to the charge, even with probation and no jail time, produces a permanent record with no available remedy. A criminal defense attorney who understands what is actually at stake — not just the immediate penalties but the lifelong record consequences — approaches the defense differently than one who treats family violence charges as a routine resolution matter.

If you have been charged with assault family violence in San Antonio or Bexar County, call Barton & Associates at 210-500-0000. Consultations are free, confidential, and available 24 hours a day.