What Employers, Landlords, and Licensing Boards May Still See Even After Your Record is “cleared”
Expunction vs. Nondisclosure: The Key Difference
Before discussing background checks, it’s important to understand the difference between the two remedies.
Expunction (Record Destroyed)
An expunction is the strongest form of record clearing in Texas. When granted:
- Arrest records must be destroyed or returned
- Government agencies may not release or use the records
- Private companies may not publish or sell the records
- You may legally deny the arrest ever occurred
Order of Nondisclosure (Record Sealed)
- Seals the record from public view
- Prevents most employers and landlords from seeing it
- Allows certain government entities to access it
What Employers Can See on Background Checks
After an Expunction
Employers should
not see anything at all
related to an expunged arrest.
Texas courts have made it clear that publishing or selling expunged records violates the law. In
D.K.W. v. Source for Publicdata.com, the court held that private background check companies violated Texas law by continuing to publish expunged records—and that individuals may recover statutory damages without proving additional harm.
If an employer relies on an expunged record, that is a serious legal issue.
After a Nondisclosure
Most
private employers
will not see sealed records.
However, certain employers—such as those working with vulnerable populations or regulated industries—may still have lawful access through criminal justice databases.
What Landlords Can See
Expunction
Landlords should not see expunged records on lawful background checks. If they do, the reporting entity may be violating Texas law.
Nondisclosure
Most landlords using standard tenant screening services will not see sealed records. But problems can arise if:
- Outdated databases were not updated
- Third-party websites illegally republish old records
- The arrest was previously disclosed publicly
What Licensing Boards and Government Agencies Can Access
This is where nondisclosure has limits.
Expunction
Even licensing boards are generally barred from accessing expunged records—unless the individual voluntarily places the arrest at issue.
In In re State Bar, the Texas Supreme Court held that expunction protections can be waived if a person makes the arrest part of a public proceeding.
Nondisclosure
Licensing agencies, law enforcement, and certain state entities may still access sealed records under Texas law. This includes boards regulating:
- Healthcare professionals
- Attorneys
- Teachers
- Security and law enforcement roles
Why Records Sometimes Still Appear After Clearing
Even when someone qualifies for expunction or nondisclosure, records may still surface due to:
- Noncompliance by reporting agencies
- Private websites failing to remove records
- Investigative or regulatory files not covered by expunction
In
Ex parte S.C., the court held that Texas expunction statutes do not require the deletion of all investigative or administrative files related to an arrest—highlighting that expunction is powerful, but not limitless.
The Bottom Line
What background checks reveal after expunction or nondisclosure depends on
who is checking and
which remedy you obtained.
- Expunction offers the strongest protection
- Nondisclosure limits—but does not eliminate—access
- Employers and landlords usually cannot see sealed records
- Licensing boards often still can
- Illegal publication of expunged records may create legal liability
If your record continues to appear after it should have been cleared, or if you’re unsure which remedy applies to your situation, legal guidance is critical.
Our firm helps Texans pursue expunctions, nondisclosure orders, and enforcement when records are unlawfully disclosed.
Contact Wyde & Associates today to protect your future and your reputation.