Will a Criminal Charge Show Up on My Record?

An Arrest Appears on Background Checks Before Conviction

Yes — an arrest appears on criminal background checks immediately, even before charges are filed or a case is resolved. The Texas DPS criminal history database, commercial background check services used by employers and landlords, and FBI records all reflect arrests, not just convictions. If you were arrested in Austin and booked into the Travis County Jail, that booking record is immediately searchable regardless of how the case ultimately resolves.

Dismissed Charges Stay on Your Record Until Expunged

A dismissal in the Travis County Courts at Law or District Courts does not automatically clear your record. The arrest and the dismissed charge remain visible on background checks until a Travis County court issues a formal expunction order under Texas Chapter 55. Expungement requires filing a petition, serving all relevant agencies, conducting a hearing, and obtaining the judge’s order. Once the order is issued and served, all records of the arrest — police reports, court records, DPS files, and commercial background check databases — are legally destroyed. We evaluate expungement eligibility on every dismissed case and handle the complete filing. Learn more on our expungement page.

A Conviction Is Permanent — No Sealing for Most Charges

A conviction appears on background checks for life. For DWI specifically, there is no non-disclosure order available — the conviction cannot be sealed from public view under any circumstances. For other convictions, some may qualify for a non-disclosure order (sealing) under Government Code §411.072 after completing deferred adjudication, but this seals rather than destroys the record. Law enforcement and some licensing boards can still access sealed records.

What This Means for Employment and Housing

Employers and landlords routinely conduct background checks. An arrest — even without a conviction — appears until expunged. A dismissed charge that has been expunged does not appear. A conviction appears permanently. The practical implication: fighting for dismissal and then expunging the record is the only path to a completely clean background check after a Texas criminal arrest.