Finding out that a past domestic violence arrest still shows up on a background check can feel like a punch in the gut, especially if the case was dismissed or you were never convicted. You may have thought the worst was behind you, only to have a job offer disappear or a rental application denied without a clear explanation. That kind of surprise is not just frustrating; it is scary when your ability to work and provide for your family is on the line.
We talk to a lot of people in Tyler and across Texas who are in this exact position. They walked out of court believing their name was cleared, then discover years later that the arrest is still sitting on their record for anyone with a background check account to see. Texas criminal records, especially for domestic or family violence, often do not work the way most people assume. Understanding how these records are created and shared is the first step toward doing something about them.
Rollings Wood & Pace is a criminal defense firm based in Tyler that handles misdemeanors and felonies across Texas, including many domestic violence and other violent charges. Part of our everyday work involves pulling DPS and county records for clients, explaining exactly what employers and landlords are seeing, and then mapping out expunction or other options when they are available. In this guide, we want to walk you through how domestic violence arrest records really work in Texas and what you can realistically do to protect yourself.
Why Your Domestic Violence Arrest Still Shows Up In Texas
Many people are shocked to learn that an arrest, by itself, can create a long-lasting record in Texas, even if the case never led to a conviction. The moment you are arrested, booked, and fingerprinted, law enforcement agencies create an official record that is sent to the Texas Department of Public Safety. That entry is tied to your name, date of birth, and fingerprints, and it usually stays in the system unless and until a court orders it removed through expunction.
From there, the case may move into the court system if charges are filed. The prosecutor might file a domestic or family violence charge, such as Assault Causing Bodily Injury to a Family Member in a county court in Smith County or another Texas county. That filing creates a public court record with a cause number, charge description, and your identifying information. Even if the prosecutor later dismisses the case, that dismissal is simply added to the same record. It does not erase the original arrest or charge entry.
Private background check companies routinely pull data from both DPS and county courts. Many employers, landlords, and licensing boards in East Texas rely on these services rather than digging through records by hand. This is why you can have a case that was dismissed years ago and still see “Assault Family Violence” appear on a report. Nothing in the ordinary criminal court process automatically deletes or hides the arrest. Without an expunction or some other legal remedy, the record usually remains searchable.
We regularly help clients in and around Tyler obtain and read their DPS criminal history and local court records. Seeing what is actually on paper is often the first time they understand why an old domestic violence arrest keeps following them, and it gives us a starting point for figuring out whether expunction or another approach is possible.
What Domestic Violence Means For Your Texas Criminal Record
Domestic violence is not a separate crime in Texas; it is usually a label attached to certain assault and related offenses. The most common charge we see is Assault Causing Bodily Injury to a Family Member or Household Member. That language tells anyone reading the record that the alleged victim was a spouse, dating partner, relative, or someone who lives with you. Even if the offense level is a misdemeanor, the “family violence” description carries a heavy stigma in the eyes of employers and landlords.
On top of the charge description, Texas courts can make a family violence finding in the judgment or related paperwork. This is a formal determination that the offense involved family or dating violence as defined under Texas law. The finding can be made even if the offense started under a different label, and it can attach to certain plea deals. That one line in the judgment can have a bigger impact on your future than the fine or length of probation in some cases.
A family violence finding can affect more than just background checks. It can impact your right to possess firearms under state and federal law, and it can play a major role in family law matters and CPS investigations. From a record standpoint, it also interacts with Texas rules about who can and cannot get an order of nondisclosure, which is one of the tools used to seal records from public view. That is why we pay very close attention to how domestic violence related charges are worded and whether a family violence finding is included when negotiating any resolution for a client.
Many people in East Texas accept a plea in a domestic violence case because they want the matter to be over, without anyone explaining how that plea will look on a future background check. Later, when a potential employer pulls their record and sees “family violence” in bold letters, the impact becomes painfully clear. Part of our role is to help clients see those record consequences ahead of time, not just the immediate risk of jail or probation.
What Employers & Landlords Actually See On Background Checks
From a practical standpoint, your biggest worry is not what a judge or prosecutor can see, but what a stranger in a human resources office or leasing office will see. In Texas, most background checks fall into a few basic categories. Some employers request an official Texas DPS criminal history report, especially for positions that require state licensing. Others, including many businesses and landlords in Tyler, use private background check companies that scrape county court records and compile their own databases.
On a typical report, a domestic violence arrest may appear as a charge like “ASSAULT CAUSES BODILY INJURY FAMILY MEMBER” with a list of events underneath. Those events might include “Arrested,” “Case filed,” “Dismissed,” “Deferred adjudication completed,” or “Convicted” with dates next to each one. Even when the final event is “Dismissed,” the earlier entries do not vanish. Someone glancing at the report may see the words “assault” and “family member” long before they read the outcome line.
Some background services that focus on housing or lower wage jobs run quick county-level checks that only look at the local court docket in places like Smith County. These searches can still pull up your name, case number, charge description, and disposition. If the county has not had its records updated to reflect an expunction or other change, old entries can continue to appear until that is corrected. The same basic process happens in other counties where you have been arrested or charged, so one domestic violence incident can show up in several databases.
We often sit down with clients in Tyler and walk through the exact background reports that are causing problems. Line by line, we explain what each entry means, how a hiring manager is likely to read it, and what options exist to remove or limit that information. Seeing the record from an employer’s perspective can make it easier to decide what steps to take and how quickly to pursue them.
When A Domestic Violence Arrest Can Be Expunged In Texas
For many people, the best outcome is an expunction. In Texas, an expunction is a court order that requires agencies like DPS, local police departments, the sheriff’s office, and sometimes other entities to destroy or return records related to a specific arrest and case. After a successful expunction, you can generally deny that the arrest occurred in most situations, including on many job and housing applications. It is as close to a legal clean slate as Texas provides for a criminal case.
Not every domestic violence arrest can be expunged, but more are potentially eligible than people realize. Some common scenarios where expunction might be an option include cases where charges were never filed after an arrest, cases that were dismissed by the prosecutor, cases that a grand jury no-billed, and cases where the person was found not guilty at trial. In each of these situations, there are waiting periods and other conditions, and prior convictions or pending cases can affect eligibility. The key point is that a dismissal or non-filing may open a door that a conviction usually closes.
Certain plea deals can severely limit or eliminate expunction options. If you plead guilty or no contest to a domestic violence-related offense and receive a conviction, that generally cannot be expunged later. Even some types of diversion or deferred adjudication, depending on how they are structured and labeled, may leave you with no expunction path. This is why it is so important to think about the long-term record impact before accepting any resolution in a domestic violence case and to talk through those consequences with a criminal defense lawyer.
When we evaluate a possible expunction for a client, we look at the entire paper trail, not just the outcome. That includes the arrest report, booking information, charging documents, and any dismissal or trial paperwork. We also look for weaknesses in the original case, such as inconsistent statements or procedural errors by law enforcement, because these are often the reasons we were able to secure a dismissal in the first place. A dismissal based on those flaws can be the first step toward a successful expunction petition that finally clears the arrest from public view.
Why Nondisclosure Is Limited For Family Violence Cases
Expunction is not the only record-related tool in Texas. There is also something called an order of nondisclosure. A nondisclosure does not destroy records, but it seals them from public view in many situations. With a nondisclosure in place, most private background check companies are not supposed to access or report the sealed case, although law enforcement, some government agencies, and certain licensing boards can still see it. For many offenses, nondisclosure is an important safety net for people who completed deferred adjudication successfully.
Family violence cases are different. Texas law places strict limits on when an order of nondisclosure is available for offenses that involve family or dating violence. In many domestic violence scenarios, even if you complete deferred adjudication and avoid a formal conviction, the presence of a family violence finding can make you ineligible for nondisclosure. This is one of the biggest surprises for people who took a plea believing they could seal the record later, only to find out that the family violence language blocks that option.
Even in situations where some form of nondisclosure might technically be available, the details matter. The exact charge, the way the judgment is written, any enhancements, and your prior criminal history can all change what is possible. Nondisclosure also does not let you legally deny the arrest in the same way expunction can, and certain employers and licensing boards can still see a sealed domestic violence case. It is a useful tool in some situations, but it is not a cure-all.
When we review a domestic violence case file for someone in Tyler or another East Texas community, we do not just look at whether they completed probation. We read the judgment to see exactly what findings the court made, especially any reference to family or dating violence. Only then can we give a realistic answer about whether a nondisclosure is even worth pursuing or whether we need to focus on other strategies for managing what shows up on your record.
How To Talk About A Domestic Violence Arrest With Employers Or Landlords
In many cases, clearing or sealing a record takes time. You might be in the middle of an expunction process, waiting on a dismissal, or dealing with an outcome that cannot be removed right away. During that time, you still have to work, pay rent, and move forward with your life. That often means answering uncomfortable questions about a domestic violence arrest when you apply for jobs or housing in Tyler or anywhere else in Texas.
One hard decision is whether to bring up the arrest before the background check or wait until you are asked. This depends a lot on the type of position or landlord you are dealing with, and what you know the report will show. For some professional roles where trust is central, a short, honest explanation before the report arrives can build credibility. For other situations, it may be better to answer directly and calmly if a question comes up, but not volunteer more than the application requires.
When you do talk about a past domestic violence arrest, it helps to have a simple, consistent way to describe what happened and how it was resolved. For example, if your case was dismissed, you might say something like, “A few years ago I was arrested after an argument at home. The charge was dismissed, and there is no conviction. I learned from that experience and have not had any other issues.” If you completed a non-conviction program or counseling, you can briefly mention that you followed through and completed all requirements.
If you have already started the expunction or nondisclosure process, you can explain that you are working with a lawyer to clear up old records and that some agencies may still show outdated information until the court order is fully processed. We often help clients prepare for these conversations, especially in a close community like Tyler, where employers may have heard about an incident through local gossip as well as through formal background checks. Having a plan for what to say can make a stressful meeting feel much more manageable.
Why Talking To A Tyler Criminal Defense Lawyer Early Makes A Difference
What happens in the first days and weeks after a domestic violence arrest can shape your record for years. Decisions about whether to give a statement, whether to request or agree to certain orders, and whether to accept an early plea offer are often made quickly. Yet those choices can lock in a family violence finding, a conviction, or a plea structure that permanently limits expunction and nondisclosure options. Early advice from a defense lawyer who understands Texas record laws can help you avoid giving up rights you did not even know you had.
When we take on a domestic violence case in Tyler or anywhere in Texas, we look further ahead than the next court date. We examine the police reports and any video or witness statements, looking for inconsistencies or procedural errors that could support a dismissal or a better outcome. Those same weaknesses in the evidence that help us fight the charge can also set you up for an expunction later if the case is dismissed or you are found not guilty. Our goal is not only to minimize immediate penalties, but also to protect you from a record that keeps costing you opportunities.
Even if your domestic violence case is already over, it is usually not too late to get advice about your record. We often review judgments, family violence findings, DPS histories, and county records for people who resolved a case years ago and are now dealing with background check problems. In many situations, we can identify whether an expunction is possible, whether any nondisclosure path exists, or at least help you prepare for conversations with employers and landlords so you are not blindsided again.
Rollings Wood & Pace offers free consultations to go over your domestic violence arrest, how the case ended, and what shows up on your Texas criminal record today. We can then give you a clear, realistic picture of your options and work with you on a strategy that fits your goals, whether that is clearing the record where possible or managing its impact as you move forward.
Talk With A Tyler Criminal Defense Lawyer About Your Domestic Violence Arrest Record
A domestic violence arrest in Texas rarely disappears on its own, even if you were never convicted. The arrest, charge, and outcome usually remain in DPS and county records until a court orders otherwise, and employers and landlords in Tyler and across the state can often see more than you expect. The good news is that, in many cases, there are legal tools and practical strategies that can reduce the damage, especially if your case was dismissed or handled without a conviction.
If you are worried about how a domestic violence arrest is affecting your future, you do not have to sort through Texas record laws alone. We can review your court file and DPS history, explain exactly what is showing up, and talk through whether expunction, nondisclosure, or another approach makes sense in your situation. Reach out to Rollings Wood & Pace to schedule a free consultation and get clear, specific guidance about your domestic violence arrest record in Texas. You can also call us at (903) 408-3332.