Old arrest on a background check in Texas: what to do

Checked against official sources: Oct 25, 2026

In Texas:

Arrests, dismissals and not-guilty cases
Class C misdemeanor arrest, no charge filed: If no charge was filed, you can ask after at least 180 days from the arrest, counted from date of arrest (180 days); Class A or B misdemeanor arrest, no…
What it's called and what it does
In Texas it is called expunction or order of nondisclosure: an expunction orders agencies to return or destroy the records of an arrest, and you may then deny the arrest happened.
Do this now
Find out which background check company made the report.

General legal information, not legal advice. RobinClaim is not a law firm.

Build your plan

Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.

Your plan for Texas

Do now

  1. Find out which background check company made the report.

    Why: When you give permission for a check, you can ask which company is doing it; the CFPB keeps a list of employment and tenant screening companies.

  2. Ask that company for a free copy of your file within 60 days of the notice that you were turned down.

    Why: You have the right to see everything in your file and where it came from; it is free if you ask within 60 days after the notice.

  3. Compare the report with your own record and the court papers.

    Why: Background check companies must use reasonable procedures to make reports as accurate as possible; for a job, a reported arrest or conviction counts as up to date if the report shows its current status in the public record, such as a dismissal.

This week

  1. If the arrest did not lead to a conviction, check how old it is.

    Why: An arrest record can be reported for 7 years from the date of entry, or until the statute of limitations runs out if that is longer; the limit doesn't apply to jobs that pay $75,000 a year or more.

  2. Dispute anything wrong, incomplete or too old with the background check company, in writing.

    Why: The company must look into it for free, usually within 30 days, and fix or delete information that is wrong or can't be verified.

  3. If an employer turned you down, know the federal rules on background checks for jobs.

    Why: In most cases an employer must get your written permission before ordering the report and give you a copy and a summary of your rights before turning you down because of it. Under EEOC guidance, an arrest alone does not prove you did anything wrong.

  4. Look up whether your state lets you clear this record.

    Texas: Class C misdemeanor arrest, no charge filed: If no charge was filed, you can ask after at least 180 days from the arrest, counted from date of arrest (180 days); Class A…

    Why: Clearing a record under your state's law is separate from the 7-year rule; if a record is sealed or expunged, you can send the court order with a dispute.

If it's not resolved

  1. If the company doesn't fix a mistake, file a complaint with the CFPB.

    Why: Dispute the mistake with the company first; if it doesn't fix it, you can complain to the Consumer Financial Protection Bureau.

  2. If an employer got the report without your permission or turned you down without the required notices, contact the FTC.

    Why: The FTC can be reached at ftc.gov or 877-382-4357.

  3. If you think the background check was used to discriminate against you, contact the EEOC.

    Why: The EEOC can be reached at eeoc.gov or 800-669-4000 (TTY 800-669-6820).

Deadlines

How long an arrest can be reported

General rule: 7 years from the date of entry, or until the statute of limitations runs out if that is longer (not for jobs that pay $75,000 a year or more)

Official source

How long a conviction can be reported

General rule: No federal time limit (a state law may limit it)

Official source

Free copy of your file after you are turned down

General rule: Ask within 60 days after the notice

Official source

Time for the company to look into a dispute

General rule: Usually 30 days

Official source

Arrests, dismissals and not-guilty cases

General rule: see state

In Texas:

Class C misdemeanor arrest, no charge filed: If no charge was filed, you can ask after at least 180 days from the arrest, counted from date of arrest (180 days); Class A or B misdemeanor arrest, no charge filed: 1 year, counted from date of arrest; Felony arrest, no charge filed: 3 years, counted from date of arrest; Acquitted at trial: No waiting period, counted from acquittal

Law: Tex. Code Crim. Proc. ch. 55A (arts. 55A.001-55A.402) · checked Oct 2026 · Official source

What it's called and what it does

General rule: see state

In Texas:

In Texas it is called expunction or order of nondisclosure: an expunction orders agencies to return or destroy the records of an arrest, and you may then deny the arrest happened. Some misdemeanor convictions may be cleared.

Law: Tex. Code Crim. Proc. ch. 55A (arts. 55A.001-55A.402) · checked Oct 2026 · Official source

Key facts for Texas

Record Clear Map

What it's called
Expunction or order of nondisclosure
Convictions
Some misdemeanor convictions may be cleared.
Example waiting period
Other misdemeanor conviction (jail sentence), first offense: 2 years, counted from completion of sentence
Filing fee
The filing fee is set by each county; ask the district clerk.

Record Clear Map: Texas · checked Oct 2026

Documents to gather

  • The background check report and any notice you got with it
  • Court papers showing how the case ended (for example a dismissal)
  • A copy of your own state or FBI record
  • The court order, if the record was sealed or expunged

Where to go

Costs

Disputing a background check report is free. A copy of your file is free if you ask within 60 days after you were turned down because of it, and free once a year in some other cases if you say so in writing, for example if you are unemployed and plan to look for work within 60 days.

Talk to a lawyer if

  • The company keeps reporting a record that is wrong, too old, sealed or expunged after your dispute
  • You were turned down without the notices described above
  • You think the check was used to discriminate against you
  • You are not a U.S. citizen and the record is a conviction

Free help

Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help). Record Clear Map lists free legal help for each state. Court clerks can't give legal advice.

Guides for your state

Guides for every state

Questions

How long an arrest can be reported: what is the rule?

7 years from the date of entry, or until the statute of limitations runs out if that is longer (not for jobs that pay $75,000 a year or more)

How long a conviction can be reported: what is the rule?

No federal time limit (a state law may limit it)

Free copy of your file after you are turned down: what is the rule?

Ask within 60 days after the notice

Time for the company to look into a dispute: what is the rule?

Usually 30 days

Arrests, dismissals and not-guilty cases in Texas: what is the rule?

Class C misdemeanor arrest, no charge filed: If no charge was filed, you can ask after at least 180 days from the arrest, counted from date of arrest (180 days); Class A or B misdemeanor arrest, no charge filed: 1 year, counted from date of arrest; Felony arrest, no charge filed: 3 years, counted from date of arrest; Acquitted at trial: No waiting period, counted from acquittal (Tex. Code Crim. Proc. ch. 55A (arts. 55A.001-55A.402))

What it's called and what it does in Texas: what is the rule?

In Texas it is called expunction or order of nondisclosure: an expunction orders agencies to return or destroy the records of an arrest, and you may then deny the arrest happened. Some misdemeanor convictions may be cleared. (Tex. Code Crim. Proc. ch. 55A (arts. 55A.001-55A.402))

When should I talk to a lawyer?

The company keeps reporting a record that is wrong, too old, sealed or expunged after your dispute; You were turned down without the notices described above; You think the check was used to discriminate against you; You are not a U.S. citizen and the record is a conviction.

How much does it cost?

Disputing a background check report is free. A copy of your file is free if you ask within 60 days after you were turned down because of it, and free once a year in some other cases if you say so in writing, for example if you are unemployed and plan to look for work within 60 days.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-25.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.