By: Ethan Rodgers
If you have a Texas criminal record, even a minor one, it may affect your ability to become a licensed professional. Many professional licensing boards and state agencies in Texas conduct thorough criminal background checks as part of the license application process.
The encouraging news is that, in many situations, expungement—or record sealing—could help reduce the impact of an old criminal history, potentially improving your chances of being approved for a professional license.
In this article, we’ll explain how expungement may support your efforts to qualify for professional licenses in Texas, what types of criminal offenses might affect your application, and why working with an experienced Texas criminal defense attorney is often recommended.
How a Criminal Record Affects Licensing in Texas
Under Texas law, nearly all licensing boards require applicants to undergo a criminal background check. Depending on the license, the board may review:
- Arrest records
- Criminal charges
- Criminal convictions
- Deferred adjudication records
- Court records
- Outstanding court costs or supervision fees
- Any further criminal activity
Even low-level offenses like class C misdemeanors can raise concerns with some boards. More serious offenses, including violent crimes, sex offender registration offenses, human trafficking, or drug-related controlled substance crimes, are typically considered barriers.
Boards also consider conduct and work history following the offense, evaluating whether the applicant has shown rehabilitation. However, even with meaningful progress, a criminal record may still influence the board’s decision and result in suspension, denial, or disciplinary action.
Who Conducts Background Checks?
Background checks are commonly conducted by:
- State licensing boards (e.g., Texas Board of Nursing, Medical Board, Cosmetology Board)
- Professional organizations
- Licensing agencies like the Texas Department of Public Safety
- Oversight bodies under the Texas Department of Licensing and Regulation (TDLR)
These agencies rely on criminal history record information from justice agencies, court databases, and the Texas criminal history system.
In certain cases, an Administrative Law Judge could become involved if a denial is formally challenged by the license applicant.
How Expungement Helps
When your criminal record is expunged or sealed, it either erases or restricts public access to your criminal history. This can make a meaningful difference when undergoing a background check.
Expunged records are legally treated as if the event did not occur, allowing you to legally state that the arrest, charges, or conviction did not happen on a license application.
A record sealed through an order of nondisclosure limits visibility to many licensing boards. However, certain entities, such as law enforcement and specific regulatory boards, may still retain access under Texas Occupations Code provisions.
Which Offenses Can Be Expunged or Sealed?
Eligibility depends on several factors, including:
- The type of criminal offense
- Whether you received deferred adjudication or were convicted
- Whether the case was dismissed or led to court-ordered probation
- Whether there has been additional criminal activity
- Whether court costs and fees have been paid and applicable waiting periods completed
Not all offenses are eligible. For instance, unlawful restraint, violent crimes, sex offender registration offenses, and felony DUI convictions are generally not eligible under state law.
However, class C misdemeanors, some lower-level misdemeanor offenses, certain felony arrests without conviction, and cases dismissed after deferred adjudication may qualify for record expungement or sealing.
A qualified Texas criminal defense attorney can evaluate your specific situation and help you determine eligibility.
Why Legal Help Matters
Having a cleared record before applying for a professional license can enhance your position, but navigating the expungement or nondisclosure process is legally technical. Errors in the process may lead to delays or a rejection of the petition.
A knowledgeable Texas criminal defense lawyer can:
- Review your criminal history and clarify eligibility
- Help obtain necessary documents from courts and law enforcement agencies
- Ensure accurate filings for expungement or record sealing
- Represent you if licensing authorities or Administrative Law Judges raise questions
- Offer guidance on how to present your history and rehabilitation on a license application
Many reputable law firms in Texas assist individuals with both criminal record matters and license applications, helping ensure compliance with Texas legal standards and regulatory requirements.
Moving Forward with Confidence
If you’re hoping to build a meaningful career as a licensed professional, an old criminal record doesn’t have to be a permanent obstacle.
Understanding how expungement may affect your qualifications for professional licenses in Texas is a productive first step. With assistance from a Texas criminal defense attorney, you can explore the possibility of clearing your record, improving your standing with licensing boards, and pursuing your goals with greater clarity and confidence.
If you’re located in the Houston area and would like to explore your options, reaching out to a qualified Houston expungement attorney may help you move forward with the information and support you need for the next phase of your career.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading or relying on this content does not create an attorney-client relationship. For advice specific to your situation, please consult a licensed Texas attorney or legal professional. Laws and eligibility requirements related to expungement and professional licensing vary and are subject to change.