If you have a misdemeanor on your record, you may be wondering whether it will eventually disappear or if it will follow you for the rest of your life. Perhaps you have been denied a job, an apartment, or a professional license because of an old charge, and you are frustrated that something from years ago is still affecting your future. The truth is that Texas law does not automatically remove misdemeanors from your record, but there are legal options that can help you move forward.
At McCarty Larson, PLLC, we have helped clients throughout Ellis County, Johnson County, Tarrant County, and Dallas County clear or seal their criminal records so they can pursue better opportunities. When you choose McCarty-Larson, you’re choosing a legal team that will stand by you every step of the way.
The Short Answer
In Texas, a misdemeanor conviction stays on your criminal record permanently unless you take legal action to remove or seal it. There is no automatic removal after a certain number of years. However, the “7-year rule” limits what consumer reporting agencies can include on background checks for jobs paying under $75,000 per year. Depending on your circumstances, you may be eligible for expunction (complete removal) or an order of nondisclosure (sealing from public view).
Do Misdemeanors Go Away on Their Own in Texas?
No. Unlike some states, Texas does not have an automatic process for removing misdemeanors from your criminal record after a set period of time. Without taking specific legal action, your misdemeanor will remain visible on your record indefinitely.
This surprises many people who assume that minor offenses simply “go away” after paying a fine or completing probation. In reality, even a Class C misdemeanor (the lowest level offense that typically does not involve jail time) will remain on your record permanently unless you pursue expunction or nondisclosure.
Your criminal record is maintained by the Texas Department of Public Safety (DPS) and includes information about arrests, charges, court proceedings, and dispositions. This information is accessible to law enforcement, government agencies, and anyone who conducts a criminal background check.
The 7-Year Rule: What It Does and Does Not Do
You may have heard about the “7-year rule” and wondered whether your misdemeanor will stop showing up after seven years. This rule does exist, but it is more limited than many people believe.
Under Texas Business and Commerce Code Section 20.05, consumer reporting agencies (companies that conduct background checks for employers) are prohibited from reporting criminal history information that is more than seven years old for positions paying less than $75,000 per year. This means that if you are applying for a job that pays under $75,000, and the employer uses a third-party background check service, arrests and convictions older than seven years generally should not be reported.
However, there are important exceptions and limitations. The 7-year rule does not apply to positions paying $75,000 or more per year. For higher-paying jobs, background checks can go back to your 18th birthday. The rule does not apply to certain safety-sensitive positions, including jobs with insurance companies, government positions, and in-home service providers (plumbers, electricians, delivery drivers). For these positions, employers may check 10 years for misdemeanors and 20 years for felonies.
The rule only restricts what consumer reporting agencies can report. If an employer conducts their own background check rather than using a third-party service, they can search as far back as they want. The rule does not remove the misdemeanor from your criminal record. It remains on file with DPS and is accessible to law enforcement and government agencies regardless of how much time has passed. Convictions are not subject to the same limitations as arrests. While some interpretations suggest the 7-year rule applies to convictions under $75,000, federal law changes and ongoing legal debates mean convictions may still be reportable indefinitely.
The bottom line is that while the 7-year rule provides some protection, it does not erase your record or guarantee that your misdemeanor will not affect your future opportunities.
How Misdemeanors Affect Your Life
A misdemeanor on your record can impact many areas of your life, even years after the incident occurred.
Employment. Most employers conduct background checks on job applicants. A misdemeanor conviction can disqualify you from certain positions, particularly in fields requiring trust, security clearances, or professional licensing. Even if you are not automatically disqualified, an employer may choose a candidate without a criminal record over one with a misdemeanor.
Housing. Landlords routinely run criminal background checks on prospective tenants. A misdemeanor, especially one involving theft, drugs, or violence, can result in your rental application being denied.
Professional licenses. Many professional licensing boards in Texas, including those for healthcare, real estate, education, and other fields, consider criminal history when evaluating applications. A misdemeanor could delay or prevent you from obtaining the license you need for your career.
Education. Some colleges and universities ask about criminal history on their applications. A misdemeanor could affect your admission or eligibility for financial aid.
Immigration. For non-citizens, even a misdemeanor conviction can have serious immigration consequences, including denial of naturalization, visa revocation, or deportation.
Firearm rights. While misdemeanors generally do not affect firearm rights as severely as felonies, certain misdemeanor convictions (such as domestic violence) can result in restrictions on your ability to possess firearms under federal law.
Understanding Your Options: Expunction vs. Nondisclosure
If you have a misdemeanor on your record, Texas law provides two main options for clearing or sealing it: expunction and nondisclosure. Understanding the difference is essential to determining which path is available to you.
Expunction (also called expungement) completely erases your criminal record. All records related to the arrest, charges, court proceedings, and disposition are destroyed. After an expunction, you can legally deny that the arrest or charge ever occurred, even under oath in most circumstances. Expunction is the gold standard, but eligibility is limited.
Nondisclosure seals your record from public view but does not destroy it. Government agencies, law enforcement, and certain licensing boards can still access the sealed information, but it will not appear on most background checks conducted by employers, landlords, or the general public. You are not required to disclose the offense on job applications or elsewhere, but the record still exists in government databases.
Who Qualifies for Expunction?
Expunction is available in limited circumstances. Generally, you may qualify if your case was dismissed, the charges were dropped and no formal charges were filed, you were acquitted (found not guilty) at trial, you were arrested but never charged and the statute of limitations has expired, you completed a pretrial diversion program, you received deferred disposition for a Class C misdemeanor and successfully completed it, or you were pardoned by the Governor.
You are generally not eligible for expunction if you were convicted of the offense (pleaded guilty or no contest and were found guilty), you received deferred adjudication for a Class A or Class B misdemeanor (you may qualify for nondisclosure instead), or you have other pending charges or convictions related to the same arrest.
Waiting periods for expunction depend on the type of offense. For Class C misdemeanors, you may be eligible 180 days after your arrest (or immediately if charges were dismissed). For Class A and Class B misdemeanors, you must typically wait one year after your arrest, plus the statute of limitations must have expired. The statute of limitations for most misdemeanors is two years, meaning you may need to wait a total of three years from the date of your arrest.
Who Qualifies for Nondisclosure?
If you are not eligible for expunction, you may still qualify for an order of nondisclosure to seal your record from public view.
You may be eligible for nondisclosure if you successfully completed deferred adjudication community supervision for a misdemeanor. Deferred adjudication is a type of probation where the court defers a finding of guilt. If you complete the probation successfully, the charge is dismissed without a conviction, but the record remains on file unless you obtain a nondisclosure order.
Waiting periods for nondisclosure vary based on the offense. For most misdemeanors, you are eligible immediately or shortly after completing deferred adjudication. For certain offenses under Chapters 20 (kidnapping), 21 (sexual offenses), 22 (assault), 25 (offenses against the family), 42 (disorderly conduct), 43 (public indecency), and 46 (weapons) of the Texas Penal Code, you must wait two years after completing supervision.
Automatic nondisclosure is available for first-time, nonviolent misdemeanors resolved through deferred adjudication. If you qualify, the court automatically issues the nondisclosure order six months after you complete your supervision. You do not need to file a petition, but not all offenses qualify.
You are not eligible for nondisclosure if you have ever been convicted of or placed on deferred adjudication for certain offenses, including any offense requiring sex offender registration, any offense involving family violence, murder, aggravated kidnapping, trafficking of persons, injury to a child, elderly, or disabled individual, abandoning or endangering a child, stalking, or any offense involving violation of a protective order.
The Expunction and Nondisclosure Process
Whether you are seeking expunction or nondisclosure, the process involves several steps.
For expunction, you must file a Petition for Expunction in the district court of the county where you were arrested. The petition must include information about the arrest, charges, and all agencies that may have records of your case. You must serve notice on the agencies and wait for a hearing. At the hearing, the judge will determine whether you meet the eligibility requirements. If granted, the court will issue an expunction order requiring all agencies to destroy their records. The process typically takes two to three months, and it may take up to six additional months for all agencies to comply.
For nondisclosure, you file a Petition for Order of Nondisclosure in the same court that handled your criminal case. The judge will review your petition to determine eligibility and whether granting the order is in the interest of justice. If granted, government agencies are prohibited from disclosing your criminal record to the public, and you are not required to disclose the offense when asked.
Filing fees vary by county but typically range from $200 to $400. If you cannot afford the fee, you may be able to request a waiver.
How McCarty-Larson Can Help
At McCarty Larson, PLLC, our Texas criminal defense attorneys understand how a criminal record can hold you back from the life you want. We have helped clients throughout Ellis County, Johnson County, Tarrant County, and Dallas County navigate the expunction and nondisclosure process to clear their records and move forward.
We can help you:
- Determine whether you qualify for expunction or nondisclosure
- Gather the necessary documentation and identify all agencies with records
- Prepare and file your petition correctly to avoid delays or denials
- Represent you at hearings and advocate for the best possible outcome
- Follow up with agencies to ensure your records are properly destroyed or sealed
Your past does not have to define your future. If you are ready to take control of your criminal record, we are here to help.
Take the First Step Toward a Clean Record
If you have a misdemeanor on your record and want to explore your options for clearing or sealing it, contact McCarty Larson, PLLC today at for a free consultation. We will review your case, explain your eligibility, and help you take the next step toward a fresh start.
Frequently Asked Questions
How long does a misdemeanor stay on your record in Texas?
A misdemeanor stays on your record permanently in Texas unless you take legal action to remove or seal it. There is no automatic removal after a certain period of time. However, the 7-year rule limits what can be reported on background checks for jobs paying under $75,000.
Does the 7-year rule mean my misdemeanor disappears after 7 years?
No. The 7-year rule only restricts what consumer reporting agencies can include on background checks for certain jobs. Your misdemeanor remains on your criminal record with DPS and is accessible to law enforcement and government agencies indefinitely.
What is the difference between expunction and nondisclosure?
Expunction completely erases your criminal record, and you can legally deny the arrest ever occurred. Nondisclosure seals your record from public view but does not destroy it. Government agencies and certain licensing boards can still access sealed records.
Can I get a misdemeanor conviction expunged in Texas?
Generally, no. Expunction is typically only available if your case was dismissed, you were acquitted, or you were never charged. However, Class C misdemeanors resolved through deferred disposition may be eligible for expunction. For Class A and B misdemeanor convictions, nondisclosure may be an option.
How long do I have to wait to file for expunction or nondisclosure?
For expunction, waiting periods depend on the offense: 180 days for Class C misdemeanors, one year plus the statute of limitations for Class A and B misdemeanors. For nondisclosure, most misdemeanors are eligible immediately or shortly after completing deferred adjudication, though certain offenses require a two-year wait.
Will a misdemeanor affect my job search?
Yes. Most employers conduct background checks, and a misdemeanor can disqualify you from certain positions or put you at a disadvantage compared to candidates without criminal records. Clearing or sealing your record through expunction or nondisclosure can help improve your employment prospects.
Frequently Asked Questions
A misdemeanor stays on your record permanently in Texas unless you take legal action to remove or seal it. There is no automatic removal after a certain period of time. However, the 7-year rule limits what can be reported on background checks for jobs paying under $75,000.
No. The 7-year rule only restricts what consumer reporting agencies can include on background checks for certain jobs. Your misdemeanor remains on your criminal record with DPS and is accessible to law enforcement and government agencies indefinitely.
Expunction completely erases your criminal record, and you can legally deny the arrest ever occurred. Nondisclosure seals your record from public view but does not destroy it. Government agencies and certain licensing boards can still access sealed records.
Generally, no. Expunction is typically only available if your case was dismissed, you were acquitted, or you were never charged. However, Class C misdemeanors resolved through deferred disposition may be eligible for expunction. For Class A and B misdemeanor convictions, nondisclosure may be an option.
For expunction, waiting periods depend on the offense: 180 days for Class C misdemeanors, one year plus the statute of limitations for Class A and B misdemeanors. For nondisclosure, most misdemeanors are eligible immediately or shortly after completing deferred adjudication, though certain offenses require a two-year wait.
Yes. Most employers conduct background checks, and a misdemeanor can disqualify you from certain positions or put you at a disadvantage compared to candidates without criminal records. Clearing or sealing your record through expunction or nondisclosure can help improve your employment prospects.