If you have a misdemeanor on your record and a job offer hinges on a background check, the next few weeks feel high-stakes. You want a clear answer to one question: will the misdemeanor show up, and if it does, will it cost you the job? Texas law gives you more rights and more options than most people realize. Knowing how the system works can change the outcome of your application.
At McCarty-Larson, PLLC, we help clients across Ellis County, Johnson County, Tarrant County, and Dallas County. We help you understand what employers can see, what they can use against you, and what you can do to clean your record. With over 50 years of combined experience and backgrounds as former prosecutors and law enforcement, we know how the background check process plays out in Texas.
When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.
Will a Misdemeanor Show Up on a Texas Background Check?
Yes, in most cases a misdemeanor will appear on a background check. Texas employers have access to several layers of criminal record databases. A thorough check will surface most misdemeanor convictions on your record. However, several rules limit what employers can see and use against you.
The exact information that appears depends on which type of check the employer runs. Basic county-level checks may catch only convictions filed in that specific county. Statewide DPS checks pull Class B misdemeanors and above from across Texas. National checks through a consumer reporting agency reach further and pull from multiple databases. Class C misdemeanors do not always appear in DPS records but can still show up in city or county court searches.
Two laws protect you from older records: Tex. Bus. & Com. Code § 20.05 at the state level, and 15 U.S.C. § 1681c under the federal Fair Credit Reporting Act. Both restrict what consumer reporting agencies can include on a report.
How Long Does a Misdemeanor Stay on a Background Check in Texas?
Under both Texas and federal law, consumer reporting agencies cannot report most misdemeanor arrests, indictments, or convictions older than seven years. That is the practical cap on most pre-employment background checks for jobs paying $75,000 per year or less. The misdemeanor does not disappear from your actual criminal record. The consumer reporting agency simply cannot legally include it on the report the employer sees. Your underlying criminal record is permanent unless you take action to clear it.
Note one important caveat: the federal FCRA may preempt the Texas seven-year rule in some situations. Sources from the Texas State Law Library indicate that federal law sometimes overrides the Texas reporting cap. For most applicants in Texas, the practical seven-year window still applies. For more on record duration, see our guide on how long a misdemeanor stays on your record in Texas.
Will a Class C Misdemeanor Show Up on a Background Check in Texas?
Sometimes. Class C misdemeanors are the lowest level of misdemeanor in Texas and carry only a fine of up to $500. The Texas DPS Criminal History Conviction Name Search database focuses on Class B misdemeanors and above. Class C convictions often will not appear in a standard DPS check. However, Class C misdemeanors can still surface through municipal or county court searches because those courts handle Class C cases directly.
Some employers in regulated industries run more thorough checks that catch Class C records. These industries include childcare, education, healthcare, financial services, and government contracting. If you have a Class C misdemeanor and you are applying for any of those roles, assume the record will surface.
The $75,000 Salary Rule: When the Seven-Year Cap Disappears
Texas law treats higher-salary positions differently. Under Tex. Bus. & Com. Code § 20.05, the seven-year reporting cap on misdemeanor records applies only to jobs paying $75,000 per year or less. For positions above that threshold, consumer reporting agencies can report criminal history information going back any length of time.
This rule catches many applicants by surprise. A 10-year-old misdemeanor that would never appear on a check for a $60,000 job can show up on a check for a $90,000 job. The same employer using the same reporting agency runs the check, but the salary level changes the rules. Certain industries also fall outside the seven-year cap regardless of salary, including:
- Insurance positions, where employers can review records back to your 18th birthday
- Residential delivery and in-home services, which require 10-year misdemeanor checks under Texas Civil Practice & Remedies Code Chapter 145
- Federal contracting positions subject to the Fair Chance to Compete for Jobs Act
- Childcare, education, and certain healthcare roles with statutory background check requirements
If you are applying for a position above the salary threshold or in one of these industries, plan accordingly. Assume the misdemeanor will appear regardless of how old it is.
The Deferred Adjudication Difference: Why You May Be Able to Answer “No”
This is the angle most applicants do not understand, and it can change everything. Under Texas law, deferred adjudication is not a conviction. If a court placed you on deferred adjudication and you completed the terms successfully, you were never formally convicted of the offense.
The Kellum v. TWC Case
That distinction matters when a job application asks: “Have you ever been convicted of a crime?” Texas courts have ruled that an applicant who completed deferred adjudication can legally answer “no” to that question. The 2006 case Kellum v. TWC and Danone Waters of North America, Inc. directly addressed this. The court ruled the applicant did not commit disqualifying misconduct by answering “no.” The application asked only about convictions, and he had received deferred adjudication.
Read the Application Wording Carefully
The wording of the question on the application matters. If the question asks more broadly — “Have you ever been convicted of a crime, or pled guilty or no contest to a crime?” — your deferred adjudication plea would fall within the question. In that case, you should answer truthfully. Always read the question carefully before you answer.
Sealing the Deferred Adjudication Record
The deferred adjudication record itself can still appear on a background check unless you have it sealed through nondisclosure. Texas law offers automatic nondisclosure orders for first-time, nonviolent misdemeanors completed through deferred adjudication. The order becomes available six months after the case ends. That makes deferred adjudication one of the most valuable outcomes you can negotiate if you face a misdemeanor charge.
How Can I Clear a Misdemeanor From My Record in Texas?
Texas offers two paths to clean a misdemeanor record: expunction and nondisclosure. Each has different eligibility rules and different effects on what employers can see. Our Texas expunction lawyers can review your specific situation and help you choose the right path.
Expunction (Tex. Code Crim. Proc. § 55.01)
Expunction completely erases the criminal record from all databases. Once a court orders expunction, you can legally deny the arrest or charge ever happened on any application. Expunction is limited in Texas. You may qualify if your case was dismissed or acquitted. You may also qualify if you completed deferred adjudication for a Class C misdemeanor or received a pardon. Waiting periods apply — for example, 180 days for Class C completion of adjudication.
Nondisclosure (Tex. Govt. Code § 411.074)
Nondisclosure seals the record from public view but does not destroy it. Law enforcement, certain government agencies, and licensing boards can still access sealed records. Private employers running standard background checks will not see them. Nondisclosure is broader than expunction. It covers more types of misdemeanors, including those where you completed deferred adjudication for non-Class-C offenses. First-time, nonviolent misdemeanors that resolved through deferred adjudication may qualify for automatic nondisclosure six months after the case ends.
The practical difference: expunction lets you deny the record entirely. Nondisclosure prevents most employers from seeing it. However, it does not let you deny the record for jobs subject to fingerprint-based state or federal background checks.
What Should I Do Before My Next Background Check?
Take three steps before you submit any application that involves a background check.
Run your own DPS check first. The Texas Department of Public Safety lets you request your own criminal history record. Knowing exactly what is on your record removes the surprise factor. You can address issues on your terms rather than the employer’s.
Evaluate your eligibility for expunction or nondisclosure. Many people qualify for one of these without realizing it. A free consultation with a criminal defense attorney can identify your options in 15 minutes. The attorney will tell you whether the record you are worried about can come off your background check entirely.
Know your FCRA rights. If an employer denies you a job based on a background check, federal law requires action on their part. They must give you a copy of the report and notify you of the agency that produced it. You have the right to dispute inaccurate information. Common errors include misclassified offenses, dismissed charges incorrectly listed as convictions, and records that belong to someone with the same name. Reporting agency errors are common — do not assume the report is right.
What If the Background Check Was Wrong or Cost Me the Job?
If you believe a background check contained errors or led to a denial in violation of FCRA rules, you have legal options. The Fair Credit Reporting Act requires employers to follow specific procedures before using a report against you. Pre-adverse action notice must come first. Employers must also supply a copy of the report. Finally, you must have reasonable time to dispute it. Employers who skip these steps may face liability for FCRA violations.
For broader context on how misdemeanors affect employment beyond the background check stage, see our companion post on how a misdemeanor charge can impact employment in Texas.
How McCarty-Larson Can Help
If you are facing a background check with a misdemeanor on your record, attorneys Robin McCarty and Bria Larson have the experience and knowledge to help. We can guide you through your options and help clean your record where possible. With over 50 years of combined experience and backgrounds as former prosecutors and law enforcement, the team at McCarty-Larson, PLLC knows how Texas courts handle expunction and nondisclosure cases.
- Eligibility evaluations for expunction under Tex. Code Crim. Proc. § 55.01
- Petitions for nondisclosure under Tex. Govt. Code § 411.074
- Negotiation of deferred adjudication as part of active criminal defense cases
- Help correcting inaccurate background check reports and FCRA violations
- Guidance on how to answer specific application questions based on your actual record
- Representation across Ellis County, Johnson County, Tarrant County, and Dallas County
Do not let an old misdemeanor cost you a job you are qualified for. Contact McCarty-Larson, PLLC today at (972) 775-2100 for a free, confidential consultation. Our Texas misdemeanor attorneys are ready to stand by you every step of the way.
Frequently Asked Questions: Disclosure and Background Checks
Federal law restricts consumer reporting agencies from including non-conviction arrests on reports older than seven years. However, an arrest can still appear on a background check that pulls directly from court records. County-level checks are especially likely to surface arrests. The cleanest way to remove an arrest is expunction under Tex. Code Crim. Proc. § 55.01. Expunction is available when the case was dismissed, you were acquitted, or you received a pardon.
It depends on what the application asks. If the application asks about convictions only and you completed deferred adjudication, Texas law allows you to answer “no.” If the application asks about arrests, charges, or guilty pleas, you must answer truthfully. This is true even if you completed deferred adjudication. If the misdemeanor was expunged, you can legally deny the record entirely. Always read the exact wording before answering.
No. The seven-year cap under Tex. Bus. & Com. Code § 20.05 applies to jobs paying $75,000 per year or less. Jobs above that salary are exempt. Other exemptions include certain safety-sensitive positions, insurance industry roles, residential delivery, in-home services, and federal contracting positions. The federal FCRA may also preempt the Texas rule in some cases. If your job falls in any of these categories, assume older records can still appear.
Frequently Asked Questions: Clearing Your Record and Legal Options
Possibly. Expunction is limited under Tex. Code Crim. Proc. § 55.01. You may qualify if your case was dismissed, you were acquitted, or you received a pardon. You may also qualify if you completed deferred adjudication for a Class C misdemeanor. For Class A or Class B misdemeanors with deferred adjudication, nondisclosure is more commonly available than expunction. A criminal defense attorney can confirm your eligibility in a free consultation.
An expunction completely destroys the criminal record. After expunction, you can legally deny the arrest or charge ever happened. A nondisclosure seals the record from public view but does not destroy it. Law enforcement and certain agencies can still see sealed records, but most private employers cannot. Expunction is the stronger remedy when available. Nondisclosure is broader and covers more situations.
You can sue under federal law if the employer violated FCRA procedures. Examples include failing to give you pre-adverse action notice, failing to provide a copy of the report, or denying you the chance to dispute errors. Texas does not have a specific state law allowing applicants to sue private employers for using criminal records. However, federal Title VII protections apply if the use of criminal records had a discriminatory effect on a protected class. An attorney can review the specific facts of your situation.