Will a Criminal Charge Show Up on My Record in Texas?

An Arrest Can Appear on Background Checks Before Conviction

Yes, an arrest can appear on criminal background checks 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 can reflect arrests, not just convictions. If you were arrested in San Antonio and booked into the Bexar County Jail, booking information may be publicly searchable regardless of how the case ultimately resolves at the Cadena-Reeves Justice Center.

Dismissed Charges Generally Stay on Your Record Until Expunged

A dismissal in the Bexar County Courts at Law or District Courts does not automatically clear your record. The arrest and the dismissed charge can remain visible on background checks until a district court issues an expunction order under Texas Chapter 55, if the statutory requirements are met. Expunction generally requires filing a petition, notifying the relevant agencies, a hearing or ruling, and a signed order. Once the order is issued and served, the agencies named in the order are generally required to destroy or return the records, and the person may generally deny the arrest occurred, with limited exceptions. Private background-check databases may need separate follow-up. The firm evaluates expunction eligibility on dismissed cases. Learn more on our San Antonio expungement page.

DWI Convictions and Nondisclosure

A DWI conviction generally cannot be expunged, and it can appear on background checks. However, some qualifying DWI dispositions may be eligible for an order of nondisclosure under Texas Government Code Chapter 411, Subchapter E-1, which limits public access to the record. Eligibility depends on the offense level, BAC, prior history, disposition, accident circumstances, waiting period, and other statutory requirements. Some qualifying first-offense DWI cases may also be eligible for deferred adjudication under Code of Criminal Procedure Article 42A.102, subject to statutory exclusions. Nondisclosure is not the same as expunction: certain government agencies and licensing entities may still access a nondisclosed record.

What This Means for Employment and Housing in San Antonio

Employers and landlords in the San Antonio area commonly conduct background checks. An arrest, even without a conviction, can appear until expunged. A charge that has been expunged generally should not appear. A nondisclosed record is generally hidden from the public but may remain available to certain agencies. For anyone with professional licensing concerns, such as nursing, teaching, military service, or law enforcement, a DWI can trigger licensing board review depending on the disposition and the board’s rules. Dismissal, acquittal, reduction, deferred adjudication where available, nondisclosure where available, and other dispositions can have different record consequences, so the options should be evaluated early in a Bexar County case.