How Domestic Violence Charges Impact Your Criminal Record

Why Even a First-Time Family Violence Case in Texas Can Follow You for Life

Many people charged with Assault – Family Violence in Texas assume that if it’s a misdemeanor or first offense, it won’t stick with them long term. They think, “It’s a misunderstanding,” or “We made up, so the case will go away.” But here’s the truth: a domestic violence charge can affect your criminal record permanently — even if the case is dismissed or you never go to jail.

And once that charge becomes part of your history, it can affect your ability to:

• Get a job
• Lease an apartment
• Own a firearm
• Share custody of your children
• Clear your record in the future

In this post, we’ll explain how domestic violence charges are recorded in Texas, what long-term consequences you face — and how a criminal defense attorney near you can help minimize the damage before it’s too late.

What Goes On Your Record After a Domestic Violence Arrest?

In Texas, criminal records are public. That means if you’re arrested for Assault – Family Violence, the following information is usually available to:

• Employers
• Landlords
• Licensing boards
• Schools
• Law enforcement

This includes:

• The date of arrest
• The charge filed (e.g., “Assault Causing Bodily Injury – Family Member”)
• The case number
• Court dates and bond conditions
• The final disposition (e.g., dismissed, deferred, convicted)

Even if your case is eventually dropped, the arrest and charge remain on your record unless you file for expunction.

See: Can You Expunge an Assault Charge in Texas?

What Happens If You’re Convicted?

A conviction for Assault – Family Violence, even on a misdemeanor, triggers serious legal consequences, including:

• Lifetime federal firearm ban under 18 U.S.C. § 922(g)
• Ineligibility for expunction or nondisclosure (record sealing)
• Permanent family violence finding on your record
• Felony enhancement if you’re accused again in the future

This is true even if:

• You received time served or probation
• The victim didn’t want to press charges
• You pleaded “no contest” instead of “guilty”

The label of family violence stays with you, and it cannot be removed without a full acquittal or expunction.

See: Family Violence vs. Domestic Violence: What’s the Difference?

What About Deferred Adjudication?

Many first-time defendants are offered deferred adjudication as a way to avoid conviction. But there’s a critical catch:

If the court enters a family violence finding — which most prosecutors insist on — then:

• You are ineligible to seal your record
• The charge stays on your public record
• You will still lose your gun rights
• Any future accusation can be enhanced to a felony

So while deferred adjudication may keep you out of jail, it doesn’t keep the charge off your record — unless your attorney negotiates a resolution without the family violence designation.

See: Deferred Adjudication for Assault Cases: What It Means

What If the Case Is Dismissed?

If your case is dismissed, that’s a major win — but it still leaves a mark unless you take further action.

You must file for:

• Expunction (if the case was dismissed and no conviction occurred)
• Record sealing, if applicable (though family violence cases are typically not eligible)

Until then, your arrest, charge, and court dates will still appear on background checks.

See: Record Sealing for Assault Charges in Galveston and Fort Bend

Other Long-Term Impacts of a Family Violence Record

Even without jail time, a family violence charge can affect:

1. Employment

• Many employers run background checks
• Jobs in healthcare, education, government, and security may be off-limits
• Some licensing boards require disclosure and may deny certification

2. Housing

• Apartment complexes often deny applicants with any domestic violence history
• A Class A misdemeanor is often treated the same as a felony on leasing applications

See: How an Assault Charge Affects Housing Applications

3. Child Custody and Family Court

• A family violence finding may result in:
  • Supervised visitation
  • Loss of shared custody
  • Restrictions under Texas Family Code § 153.004

See: Reuniting With Family After a Criminal Case

4. Immigration Consequences

• Domestic violence convictions or findings can lead to:
  • Inadmissibility
  • Visa denial or revocation
  • Deportation, even for legal residents

What Happens If You’re Accused Again?

If you’ve already had a family violence case, any new accusation — even minor — can be filed as a felony.

This includes:

• Shoving
• Grabbing
• Verbal threats with no injuries

You may be charged with:

• Assault – Family Violence with Prior Conviction (3rd-Degree Felony)
• Continuous Violence Against the Family, if two or more incidents occurred within 12 months

See: Continuous Violence Against the Family Explained

Can a Lawyer Help Protect Your Record?

Absolutely. A criminal defense attorney near you can:

• Fight to dismiss the case entirely
• Push for pretrial diversion (in counties where available)
• Negotiate deferred adjudication without a family violence finding
• File for expunction or sealing after the case ends
• Help avoid protective orders that appear on civil court searches

See: How Your Attorney Can Help Reduce or Dismiss Charges

The key is acting early — before prosecutors enter a family violence finding or the court imposes a conviction.

Final Thoughts: Your Record Is the Real Sentence — Protect It

In Texas, a domestic violence charge doesn’t have to end in jail to ruin your future. If the words “family violence” appear on your record, that one arrest can close doors for years — or forever.

If you’ve been charged, don’t wait to see what happens. Hire an experienced criminal defense attorney near you who understands how to protect your record as well as your rights.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you about keeping your record clean — and your future intact — after a family violence charge.

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