Criminal Records and Employment Statistics: Why Expungement Matters More Than Ever

 July 02, 2026 in Uncategorized

When a person is arrested and charged with a crime, this situation may continue to affect them for years or for the rest of their life. The full effects of a criminal charge will not end when a case is closed or when a person finishes serving a sentence. A criminal record may lead to situations such as job interviews that never lead to callbacks, housing applications that are denied, or an inability to obtain or renew a professional license. Even an arrest that did not result in a conviction can follow a person for years. 

In an era where background checks are fast, inexpensive, and widely used, a criminal record is one of the most significant barriers a person can face in rebuilding their life. The good news is that Texas law provides tools to address this problem. Expunction and orders of nondisclosure may allow people to clear their criminal records, opening doors that would otherwise have been closed. 

However, navigating these processes correctly requires a thorough understanding of the law, the eligibility rules, and the procedures involved. A knowledgeable and experienced attorney can guide clients through this process, protect their rights, and make sure every step is handled properly so that they can receive a fresh start.

The Scope of the Problem: Criminal Records in America

The number of people in the United States who carry a criminal record is staggering. According to the National Conference of State Legislatures, approximately 77 million Americans, or about one out of every three people, have some type of criminal record. In Texas, around nine million people have criminal records. These records can include arrests that never led to charges, charges that were dismissed, and convictions ranging from minor misdemeanors to serious felonies.

How a Criminal Record Can Affect Employment

Background checks have become standard practice for employers across virtually every industry. A survey conducted by the Society for Human Resource Management (SHRM) found that around 92% of employers conduct employment background screening, including reviews of applicants’ criminal records. Employers are less likely to hire applicants who have been charged with crimes, even if a person was never convicted.

According to the U.S. Chamber of Commerce, the unemployment rate for people with criminal records is around 30%. These numbers are even higher for people who have been incarcerated, with around 60% of people being unemployed during the first four years after being released from prison. 

Beyond lost wages, a criminal record may affect where people can live, whether they can obtain professional licenses, and what educational opportunities are available to them. A single arrest, whether or not it led to a conviction, can lead to barriers that may continue to affect a person throughout their life.

Two Paths to Clearing a Criminal Record in Texas

People who have been arrested or convicted in Texas have options for expunging their criminal records. By removing records related to an arrest or conviction from the view of employers, landlords, or others who perform background checks, a person may be able to avoid many of the problems that could affect their life going forward. Texas provides two primary methods for clearing a criminal record: expunction and orders of nondisclosure.

Expunction

An expunction order will require government agencies that have records related to an arrest or criminal case to destroy those records entirely. These include law enforcement agencies, prosecutors, courts, and other government bodies. Once an expunction is granted, an arrest will be treated as though it never occurred. A person whose record has been expunged may deny that they have been arrested or that they were involved in a criminal case on job applications, housing applications, and in other situations.

Under Chapter 55A of the Texas Code of Criminal Procedure, expunction may be available in specific circumstances, including:

• Acquittal: A person who was tried and found not guilty by a trial court is entitled to an expunction.

• Pardon: A person who was convicted and later received a pardon based on actual innocence or other reasons will be eligible for expunction.

• Dismissed Indictment: A person may receive an expunction if an indictment was dismissed by a prosecutor, including in cases where a person completed a pretrial intervention program, a mental health program, or a veterans treatment program, as well as indictments that were based on false information or a lack of probable cause.

• Failure to Indict: If a person was arrested but not indicted for an offense, their arrest records may be eligible for expunction if enough time has passed since the date of their arrest. For Class C misdemeanors, expunction will be available 180 days after the date of arrest. For Class A and B misdemeanors, expunction will be available one year after the date of arrest. For felonies, expunction will be available three years after the date of arrest.

• Expired statute of limitations: Texas law allows expunction when prosecution is no longer possible because the statute of limitations for an offense has expired.

Orders of Nondisclosure

An order of nondisclosure does not destroy criminal records, but it will seal them from public access. Once a nondisclosure order is in place, records will not be visible in most private background checks. Employers and members of the public who conduct standard background checks will not be able to see the sealed record.

However, government agencies, law enforcement officials, courts, and some professional licensing boards may still be able to access sealed records. Nondisclosure may not provide the same level of protection as expunction, but it can still help a person avoid employment consequences and other issues that could affect their life.

Nondisclosure is governed by Texas Government Code Chapter 411, Subchapter E-1. It may be available in cases resolved through deferred adjudication, the successful completion of probation, or certain misdemeanor convictions. If a petition for nondisclosure is granted, information about a case will be removed from public view.

Some offenses are not eligible for nondisclosure, regardless of how the case was resolved. In general, offenses that require sex offender registration, family violence offenses, murder, human trafficking, and certain other serious crimes are ineligible. People with any prior convictions or deferred adjudications for these offenses will not be able to seal other types of charges.

Following the Correct Steps in Expungement Cases

The eligibility rules for expunction and nondisclosure in Texas can be complex. They depend on precise details about the nature of an offense, how and when a case was resolved, whether the proper waiting periods have passed, and a person's prior record of criminal offenses. Getting the details wrong when filing a petition for expunction or nondisclosure can result in a petition being denied.

Attorneys will need to make sure the proper steps are taken during expunction and nondisclosure cases. First, an attorney must assess a person’s eligibility. They can advise clients on whether a case qualifies for expunction, nondisclosure, or neither. They may review whether deferred adjudication for certain offenses or the successful completion of probation will be necessary or whether a conviction may qualify for nondisclosure.

Second, an attorney will need to identify the correct statutory pathway and make sure the proper steps are followed when filing a petition. By reviewing the eligibility criteria, the applicable waiting periods, and the procedural requirements, an attorney can make sure petitions are filed correctly while preventing delays or denials.

Third, an attorney will handle the procedural requirements during the expunction or nondisclosure process. A petition will need to be in the correct court, and notice must be served to the prosecuting attorney and relevant agencies. Supporting documentation must be prepared. An attorney will appear at any required hearings and advocate for relief for their client. They will make sure the proper requirements are met during each stage of a case.

Finally, an attorney can provide guidance on what options may be available in a situation where the law is not entirely clear. Advocacy can make a difference in these cases, and an experienced attorney can make sure petitions are prepared correctly and supported by facts while advocating for solutions that will help clients receive the fresh start they deserve.

A Record-Clearing Process That Deserves to Be Done Right

For people who qualify, expunction or nondisclosure can be life-changing. The ability to truthfully state on a job application that an arrest never occurred or to undergo a background check without fear that a criminal record will surface can open doors that had previously been closed. It can mean the difference between getting a job and not getting one, between securing housing and being turned away, or between obtaining a professional license and being denied. 

Given what is at stake, this process deserves to be handled with care and precision. Attorneys can work with clients to complete the expunction or nondisclosure process and help them put criminal cases in the past.