Can You Get a Domestic Violence Conviction Expunged in Texas? A Beginner’s Guide to Record Sealing and Nondisclosure

Many people facing a domestic violence charge in Texas — especially first-time offenders — ask the same question:
“If I complete probation or get deferred adjudication, can I seal or expunge my record later?”

Unfortunately, the answer is usually no — especially when the case involves a family violence finding, which can make your record permanently visible to the public, law enforcement, employers, and licensing boards.

In this post, you’ll learn:

• What expunction and nondisclosure really mean
• Who qualifies — and who doesn’t
• How family violence findings affect your eligibility
• Why even deferred adjudication won’t always protect your privacy

Let’s break it down so you know exactly where you stand.

What’s the Difference Between Expunction and Nondisclosure?

Texas offers two main options for clearing or limiting access to your criminal record:

1. Expunction

This completely erases a criminal record. Once granted, it’s as if the arrest or charge never happened.

You qualify for expunction if:

• The case was dismissed before trial
• You were found not guilty at trial
• The grand jury no-billed the charge
• You completed a Class C deferred disposition without a family violence finding

You do not qualify for expunction if:

• You were convicted
• You accepted deferred adjudication for anything above a Class C offense
• A family violence finding was entered

2. Order of Nondisclosure

This seals your record from most public view but does not erase it. Law enforcement, government agencies, and courts can still see it.

You may qualify for nondisclosure if:

• You successfully completed deferred adjudication
• You received a discharge and dismissal
• No family violence finding was made

You are not eligible for nondisclosure if:

• You were convicted (even with probation)
• The court made a family violence finding
• You were charged with certain violent or sex-related offenses

What Is a Family Violence Finding?

Under Tex. Code Crim. Proc. art. 42.013, a court can enter a family violence finding when a case involves harm or threats between:

• Spouses or ex-spouses
• Dating partners
• Roommates or co-parents
• Family members by blood or marriage

This finding is often added even if the case ends in deferred adjudication or probation.

Why It Matters:

A family violence finding makes you:

• Ineligible for record sealing or expunction
• Permanently barred from owning or possessing firearms
• More likely to face enhanced penalties for future offenses
• Disqualified from many housing or employment opportunities

Can You Seal or Expunge a Domestic Violence Arrest That Was Dismissed?

Yes — if the case was dismissed without a conviction or family violence finding, you may qualify for expunction or nondisclosure depending on the situation.

Here’s when you might qualify:

• The case was dismissed outright without a plea
• The grand jury declined to indict you
• You were found not guilty at trial
• You completed a pretrial diversion program without a finding of guilt

In these cases, you may be eligible for:

• Expunction, if you were never convicted or placed on deferred adjudication
• Nondisclosure, if you completed deferred adjudication and no family violence finding was made

If a protective order or civil family violence finding was issued, though, that may still appear on your record separately.

What If You Took Deferred Adjudication for a Domestic Violence Charge?

This is the most misunderstood scenario.

Even if you were never convicted and completed all terms of deferred adjudication:

• You are not eligible for expunction
• You are not eligible for nondisclosure if the court entered a family violence finding

In fact, many people who think they “got their case dismissed” are shocked to learn that:

• The record is still public
• It appears in background checks
• They are ineligible for most housing and jobs with licensing requirements

This is why having a lawyer near you review your plea paperwork is so important before you enter a deal.

Are Class C Assault Cases Eligible for Expunction?

Sometimes, yes.

A Class C misdemeanor assault (offensive contact only) that ends in a deferred disposition — not deferred adjudication — may be eligible for expunction if there is no family violence finding.

To qualify:

• You must complete all court conditions
• There must be no final conviction
• There must be no family violence notation on the judgment

If a family violence finding was added — even to a Class C — you lose eligibility for expunction or sealing.

How Long Do You Have to Wait to Seal or Expunge a Case?

Waiting periods vary:

• Expunction after dismissal: Usually immediately or after the statute of limitations expires
• Nondisclosure after deferred adjudication:
  • Immediately for many misdemeanors
  • 2 years for certain misdemeanor family violence cases (if eligible — most are not)
  • 5 years for some felonies

But again: none of this applies if there was a family violence finding.

What Are the Alternatives If You’re Not Eligible?

If your record can’t be sealed or expunged due to a family violence finding, you still have options to manage the damage:

• Hire a lawyer to review your case for appeal or post-conviction relief
• Challenge the family violence finding if it was added improperly or without a hearing
• Negotiate future plea deals to avoid the finding
• Use narrative-building tools in employment and housing applications to explain the record
• Explore early termination of probation (though the record remains public)

How Can a Lawyer Near You Help?

A qualified criminal defense attorney can:

• Review your case for expunction or nondisclosure eligibility
• File the necessary petitions and appear at hearings
• Challenge improper family violence findings
• Protect your record before a conviction or plea is entered
• Guide you through pretrial diversion, dismissal strategies, or reduction to Class C offenses

At Walker Law Office, attorney Mekisha Walker has helped countless clients navigate the long-term consequences of domestic violence charges. Whether you're seeking to protect your record or undo an old mistake, she brings experience, insight, and aggressive advocacy to every case.

Call (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you today.