You probably found this page because a domestic violence charge in Irving keeps showing up on background checks, and you are trying to figure out if there is any way to erase it. Maybe a case from years ago cost you a job offer or an apartment, or it is now causing problems in a custody or immigration situation. Seeing that same arrest or charge appear again and again can make you feel like you will never really move on from one bad chapter.
Domestic violence and family violence cases do not behave like other charges under Texas record laws. People in Irving often assume that finishing probation or “getting it reduced” means the case will disappear. Others assume there is nothing that can ever be done, so they stop asking questions. The truth usually sits somewhere in the middle, and the only way to get a real answer is to look closely at how your case ended and what the judge actually signed in your paperwork.
I focus my criminal defense practice on cases in Irving and the surrounding area, and I keep my caseload low so I can sit down with clients, pull their Dallas County or surrounding county court records, and read the fine print that controls expungement and nondisclosure. My office shares space with two immigration attorneys, so when a client is not a U.S. citizen we can talk through how a domestic violence allegation might affect status before making decisions. In this guide, I will walk through when a domestic violence charge in Irving can be expunged, when it cannot, and what options sometimes exist in between.
Why Domestic Violence Records Are So Hard To Clear In Texas
Texas uses the term “family violence” in its laws, and that definition covers a lot more than many people expect. It can include violence against a spouse, dating partner, co-parent, or certain relatives living in the same household. When you see “assault family violence” on a Dallas County or Irving case docket, you are looking at a charge the system treats differently from many other misdemeanors. That difference shows up again when you start talking about expungement and record sealing.
In many misdemeanor cases that are not family violence related, Texas law gives people a second chance through things like deferred adjudication followed by an order of nondisclosure. With a nondisclosure, the record is sealed from most of the public. The situation changes once a judge makes a family violence finding. Even when a person successfully completes deferred adjudication on a domestic violence case, that family violence finding can make nondisclosure unavailable, which means the case continues to appear on most standard background checks.
On top of that, expungement, which Texas law refers to as expunction, is only available in narrow circumstances. Expunction is the process that can delete arrest and case records from most agencies. For domestic violence cases, an expunction usually requires a dismissal, a decision not to prosecute, or a not guilty verdict, and even then there are conditions that have to be met. I regularly meet with people around Irving who assumed that because they were not sentenced to jail, or because they took probation, their record would clear. Once we look at the family violence finding and the judgment together, they realize the law treats their case much more harshly than they expected.
Expungement Vs. Nondisclosure In Domestic Violence Cases
A lot of the confusion comes from people using the words “expungement” and “record sealing” as if they were the same thing. In Texas, they are two different tools with very different rules. Expunction is the stronger remedy. If you qualify and a court grants an expunction, agencies that hold records of your arrest and case are ordered to delete or return them. For a domestic violence case in the Irving area, that might include local police, the Dallas County District Attorney, and state agencies that store criminal history information.
An order of nondisclosure, on the other hand, does not delete records. It tells most public entities not to share the information with the general public. Law enforcement, prosecutors, some licensing agencies, and in many situations schools and hospitals can still see the case. For many non-family-violence misdemeanors, nondisclosure after deferred adjudication is a common path. With domestic violence, Texas has carved those cases out in important ways. Once there is a family violence finding, the law normally blocks nondisclosure even if you completed deferred adjudication successfully.
That is why the exact language in your judgment and the type of outcome you accepted matter so much. If your Irving domestic violence case ended with a conviction, expunction is almost never an option. If you received deferred adjudication and the judgment reflects a family violence finding, nondisclosure is usually unavailable. The clients who have the best options are those whose cases were dismissed, never filed, or ended in a not guilty verdict. Part of my role is to explain these differences early, before someone accepts a plea deal that looks attractive today but quietly closes the door on both expunction and nondisclosure forever.
When A Domestic Violence Charge In Irving Can Be Expunged
Despite all the limits, there are real situations where a domestic violence related arrest in Irving can be expunged. One straightforward example is a case where you were arrested, the State decided not to file charges, and enough time has passed to meet any waiting period. In some situations, if a prosecutor formally rejects a case or a grand jury no-bills a felony, you may be eligible to expunge the arrest, even though you were originally booked for a family violence allegation. The same can be true when a case is filed in court but later dismissed under the right conditions.
Another common path involves dismissals without a plea to another offense. For example, if you were charged with assault family violence in Dallas County, appeared in court in Irving, and your case was later dismissed because the State could not prove it, that dismissal might support expunction. The details matter. If the dismissal was part of a plea bargain where you pleaded guilty to a different charge from the same incident, the waiting period for expunction or your eligibility could change. If it was a straight dismissal, you may be able to pursue expunction once any required time has passed.
Not guilty verdicts after trial can also lead to expunction. If a judge or jury in an Irving court found you not guilty of a domestic violence charge, you can often seek expunction of the case that was tried. Again, you need to look at whether there were any companion charges and whether those cases are still open or resolved in a different way. When I review a potential expunction case, I start with the final disposition documents, look at exactly how the dismissal or verdict is worded, and then map that to Texas expunction rules, because small details in the paperwork often control eligibility.
Examples Of Eligible Domestic Violence Outcomes
One example I see is a person arrested in Irving for assault family violence after an argument that got heated. The police make an arrest, but later the Dallas County District Attorney’s Office decides there is not enough admissible evidence or the complaining witness does not cooperate. The case is never filed in court, or it is no-billed by a grand jury if it was investigated as a felony. That person may be sitting on an arrest record that keeps appearing, even though there was never a conviction or even a formal charge. In many of these situations, expunction of the arrest is a realistic option if the legal conditions are met.
Another scenario is a filed misdemeanor assault family violence case that is later dismissed in court without any guilty plea to another charge. Sometimes a prosecutor will dismiss because video or witness testimony does not support the original story. Sometimes a defense investigation uncovers information that makes the State uncomfortable going forward. If that dismissal stands on its own, many people can eventually file for expunction and clear that case from most public records. When I meet with someone in this position, we pull the dismissal order, confirm it was not tied to another plea, and then talk through timing and next steps based on Texas law.
When A Domestic Violence Case Cannot Be Expunged Or Sealed
There are also many situations where a domestic violence case in Irving cannot be expunged or sealed at all. The most common roadblock is a conviction. A conviction can include jail time, a fine only, or a plea to “time served” after a night in the Irving jail. To the person standing in court, that outcome may feel like a quick way to resolve the case and avoid future court dates. From an expungement and nondisclosure perspective, it usually slams the door shut. Texas law generally does not allow expunction of cases that ended in conviction, and domestic violence convictions are often excluded from nondisclosure options as well.
Deferred adjudication can create a different kind of trap. In many non-family-violence cases, deferred adjudication is a way to avoid a conviction and later pursue an order of nondisclosure. In assault family violence and other domestic violence cases, judges often make a formal family violence finding in the judgment. When that happens, even though you avoided a conviction in the technical sense, Texas law normally blocks nondisclosure. The result is that your arrest and case remain visible to most employers and landlords, despite your hard work on community supervision.
On top of the record issues, domestic violence findings can trigger other long term consequences. A family violence finding can affect your right to possess firearms under both state and federal law. It can be used to enhance future charges if there is another allegation down the road. For noncitizens, a domestic violence conviction or even certain admissions in court can create serious immigration problems. One reason I intentionally keep a smaller caseload is so I can walk clients through these long term effects before they decide whether to plead, rather than after they learn that expungement and nondisclosure are no longer possible.
How Your Case Outcome In Irving Affects Expungement Options
Two people can be arrested for the same assault family violence charge in Irving on the same night and walk away with completely different record options, simply because their cases ended differently. When I talk with someone about domestic violence expungement in Irving, I start with outcome, because that one word tells me a lot about what might be possible. Understanding how each common outcome works is the first step toward a realistic plan.
If your case was dismissed or you were found not guilty, you are often in the best position. Dismissals that are not tied to pleas for other charges and not guilty verdicts after trial generally open the door to expunction, provided you meet any waiting period and there are no related open cases. If the case was never filed or was rejected, expunction of the arrest may be an option as well. On the other hand, if your case ended in a straight conviction, especially with a family violence finding, both expunction and nondisclosure are usually off the table under current Texas record laws.
Deferred adjudication sits between those extremes. If you received deferred adjudication on a domestic violence charge and the court did not make a family violence finding, there may be a narrow path to some form of relief, but those situations are much less common. When the judgment includes a family violence finding, as is common in Dallas County and Irving domestic violence cases, nondisclosure is typically barred. That is why, in active cases, I walk clients through a simple outcome map so they understand which options keep future record relief alive and which do not. Decisions made in one quick court appearance can shape what your background looks like for decades.
Domestic Violence Records And Immigration Consequences
For clients who are not U.S. citizens, domestic violence cases create a second layer of risk beyond what appears on a Texas background check. Immigration law treats certain family violence and domestic violence conduct as serious grounds for removal or denial of benefits. In some situations, even a case that ends in a dismissal can attract immigration attention because of what is contained in police reports or court records. An expunction or nondisclosure may help with public background checks, but it does not automatically erase what federal agencies have already seen or collected.
That is why I involve immigration attorneys early when a domestic violence case could affect someone’s status. Federal immigration agencies often have access to information that state courts cannot fully hide, even after record-cleaning. A plea that looks manageable from a criminal perspective can cause major problems in an immigration case. The reverse can also be true. A carefully structured dismissal or resolution might still look bad on a background check if you never pursue expunction, even though it might be safer from an immigration standpoint in a particular situation.
Because my office shares space with two immigration attorneys, I can usually get quick input on how a proposed plea or family violence finding might play out in immigration court or in future applications. That collaboration shapes both how we defend the original domestic violence case in Irving and how we think about later expungement or nondisclosure. For noncitizen clients, any record-clearing plan has to account for both Texas law and how federal agencies treat domestic violence allegations, or else we risk solving one problem while creating another.
What The Domestic Violence Expungement Process Looks Like
When someone in Irving turns out to be eligible for domestic violence expungement, the process itself has several moving parts. It usually starts with gathering documents. I want to see the complaint or information, the judgment or dismissal order, and any other final paperwork from the court. I also look at your criminal history to see whether there were related charges from the same incident. These details help determine whether you meet the technical requirements for an expunction petition under Texas law.
Once I have confirmed that expunction is a realistic option, the next step is drafting and filing a petition in the court that handled the case, usually in Dallas County or the county where the arrest occurred. The petition lists every agency that might have your records, from the Irving Police Department or other local law enforcement to larger state repositories. Those agencies then receive notice of the filing. In some cases, expunctions move forward without objection. In others, an agency or prosecutor may raise questions or concerns, which is why it helps to have someone who knows how to explain the legal basis for your request.
If the court grants the expunction, it signs an order directing each listed agency to delete, return, or restrict access to the records. It can take time for all of them to process that order and for private background check companies to update their databases. People are often surprised that their record does not vanish overnight from every website. With a smaller caseload, I am able to follow up on expunction orders, respond if an agency has questions, and talk with clients about realistic timelines, so they understand what to expect as their record slowly disappears from public view.
How I Approach Domestic Violence Record Problems In Irving
When someone comes to me with a domestic violence record problem in Irving, I do not start by promising that we can fix it. I start by asking for paperwork. I want to see exactly how the case ended, what the judge wrote about family violence, and whether there were any companion charges. Only then can I give a meaningful opinion about expungement, nondisclosure, or whether the honest answer is that the record cannot be cleared under current Texas law. That one on one review is only possible because I intentionally take on fewer cases at a time.
For Spanish-speaking clients and families, these conversations can be even more sensitive. Expungement rules, family violence findings, and immigration consequences involve technical language that does not translate well through a friend or casual interpreter. I speak directly with clients in Spanish when needed, which helps avoid misunderstandings about what a plea or order actually did to their record. When immigration issues are in play, I can bring one of the immigration attorneys in my office into the discussion so we address both criminal and immigration risks together in a coordinated way.
Sometimes, after reviewing everything, the conclusion is that a domestic violence case in Irving cannot be expunged or sealed. Even then, knowing the truth is better than guessing. We can talk about how to answer background checks questions accurately, what to expect in licensing or professional applications, and how to avoid making the situation worse with future cases. Other times, there is a clear expunction or nondisclosure path, and we can move forward with a concrete plan. Either way, my goal is to replace confusion with clarity so you can make informed decisions about your future.
Talk With A Lawyer About Your Domestic Violence Record In Irving
Domestic violence expungement in Irving is not simple, and there is no one rule that applies to every case. Whether you have options depends on how your case ended, what the judgment says about family violence, and how much time has passed since the arrest or dismissal. For noncitizens, it also depends on how immigration law treats the specific conduct and paperwork in your file. An online article can help you understand the landscape, but it cannot tell you whether your exact record can be cleared.
If a domestic violence charge is following you on background checks, the next step is to have someone sit down with your court documents and criminal history and give you a straight answer. I review these records for people in Irving and the surrounding area, explain expungement and nondisclosure options in plain language, and, when needed, coordinate with immigration counsel. You do not have to keep guessing about what is possible.
Call (469) 564-3420 to talk about your domestic violence record and whether expungement might be an option in your case.