The Short Answer
It depends on how the case ends. If a family violence charge is dismissed, you’re found not guilty, or a grand jury declines to indict, you may be able to have the arrest expunged, which means destroyed. But if the case ends in a conviction, or in deferred adjudication with a family violence finding, Texas law generally doesn’t allow it to be expunged or sealed. That’s why the way a family violence case is resolved matters so much, and why it’s worth fighting for the right outcome from the start.
Expunction vs. Nondisclosure
- Expunction erases the arrest and court records. Afterward, you can generally deny the arrest happened. It’s available only in limited situations, mostly when a case doesn’t end in a conviction or deferred adjudication.
- An order of nondisclosure seals the records from most public view, but law enforcement and certain licensing agencies can still see them. It’s often used after successfully completing deferred adjudication.
When a Family Violence Arrest Can Be Expunged
You may be eligible for an expunction if:
- The charge was dismissed, and either the required waiting period has passed or the prosecutor agrees
- A grand jury declined to indict you (a “no-bill”)
- You were acquitted at trial
- You completed a pretrial diversion program and the case was dismissed
Waiting periods after a dismissal can depend on the level of the charge and whether you were indicted. A lawyer can tell you when you’re eligible. Learn more about expunction and nondisclosure in Texas.
Why Family Violence Usually Can’t Be Sealed
For most misdemeanors, completing deferred adjudication makes you eligible for an order of nondisclosure. Family violence is a major exception. Under Texas Government Code § 411.074, you can’t get a nondisclosure order if the court made an affirmative finding that the offense involved family violence, or if the offense itself involved family violence. A prior family violence conviction or deferred adjudication can also make you ineligible to seal other offenses.
In addition, deferred adjudication for family violence assault can still count as a prior offense if you’re charged again, which can turn a future misdemeanor into a felony.
Other Lasting Consequences
- Firearms. A conviction for a misdemeanor crime of domestic violence brings a lifetime federal ban on possessing firearms or ammunition, and Texas law adds its own restrictions.
- Background checks. A record that can’t be sealed may show up in employment, housing, and professional licensing checks.
- Immigration. Family violence convictions can have serious immigration consequences for non-citizens.
- Family court. A family violence finding can affect custody and visitation.
What This Means for Your Case Now
If your case is still open, the most important question is how it will end. Outcomes that keep your record clearable include:
- A dismissal
- A pretrial diversion program, where available
- A not-guilty verdict at trial
- In some cases, a negotiated plea to a different offense without a family violence finding, which can make nondisclosure possible later
A plea deal that looks easy now, like deferred adjudication with a family violence finding, can leave a permanent record. Make sure you understand the long-term effect of any offer before you accept it.
Frequently Asked Questions
My family violence case was dismissed years ago. Is it still on my record?
Probably, yes. A dismissal doesn’t remove the arrest record automatically. You usually have to file a petition for expunction.
Can a protective order be removed from my record?
Protective orders are civil and follow different rules. Talk to a lawyer about your specific situation.
Can I get a pardon?
Texas does have a pardon process through the Board of Pardons and Paroles and the Governor, but pardons are rare.
See also: can the alleged victim drop domestic violence charges in Texas?
Talk to a Defense Lawyer Now
Al Rowland has seen these cases from both sides of the table, as a former police officer and a former prosecutor in Colorado, and has defended clients in Collin and Denton County courts since 2015. Whether your family violence case is still open or was dismissed years ago, he can help you understand your options for protecting your record. Call (469) 895-6555 for a free, confidential consultation.
Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034.
This page provides general information, not legal advice. Every case depends on its own facts.
Learn more about our domestic violence defense practice.
