An Expunction is Meant to Erase Your Record—but There Are a Few Important Situations Where It Can Resurface.

One of the most common questions people ask after clearing their record is simple—and completely understandable:

“Can my expunged record ever come back?”

In most cases, the answer is no. Texas expunction law is designed to permanently erase qualifying arrests and cases. But there are limited situations where expunged records may still surface or be discovered.

Here’s how expunctions work in Texas—and when problems can arise.

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What Does an Expunction Do in Texas?

Under Texas law, an expunction orders government agencies, courts, and private entities to destroy or delete records related to an arrest or criminal case.

Once an expunction is finalized:
  • The arrest is treated as if it never happened
  • You may legally deny the arrest occurred
  • Agencies are prohibited from releasing the record
  • Background check companies are not allowed to report it
For most people, this means a clean slate.
Am I Eligible?

Why Expunged Records Sometimes Reappear


Even though expunctions are powerful, they are not magical. Records may reappear in limited circumstances, usually due to human action or legal exceptions, not because the expunction failed.


Common scenarios include:


  • A background check company illegally publishing old data
  • The individual voluntarily making the record public
  • Records being used in specific legal or disciplinary proceedings
  • Databases not being properly updated after the expunction

When this happens, the issue is often enforcement—not eligibility.

Am I Eligible?

Illegal Reporting by Background Check Companies


Texas courts have made it clear that private companies may not publish expunged criminal records.


If a background check company continues reporting an expunged case, it may violate Texas law—and the affected person may be entitled to statutory damages and attorney’s fees.


Importantly, individuals do not have to prove additional harm to bring a claim. The unlawful publication itself can be enough.



When You Put the Record Back at Issue


One of the most overlooked risks is self-disclosure.


If you file a lawsuit or legal action that directly places your arrest or prosecution at issue, courts may allow expunged records to be used in that specific context.


This does not undo the expunction—but it can allow limited use of the records because the individual voluntarily reopened the door.

Am I Eligible?

Professional and Disciplinary Proceedings


In certain professional or regulatory matters, expunged records may be considered if the individual has:


  • Voluntarily waived expunction protections
  • Made the arrest or prosecution part of a public filing
  • Placed the underlying conduct at issue in a separate case

Texas courts have emphasized that expunctions are meant to protect privacy—not to erase all historical facts under every circumstance.

Am I Eligible?

Do Expunged Records Show Up on Standard Background Checks?


For employment, housing, and most consumer background checks, expunged records should not appear.


If they do, it may indicate:


  • An outdated database
  • A company ignoring Texas law
  • Improper data scraping from old sources

These situations are often fixable—and sometimes actionable.

Am I Eligible?

What Should You Do If an Expunged Record Reappears?


If an expunged record shows up:


  • Save copies of the background check or report
  • Do not assume the expunction “failed”
  • Avoid contacting the reporting company without legal guidance
  • Speak with an expunction attorney about enforcement options

Texas law provides remedies when expunction orders are ignored.

Am I Eligible?

Talk to a Texas Expunction Attorney


Expunctions are powerful—but they must be properly enforced. If your expunged record is showing up on background checks, or you’re worried about future exposure, an attorney can help protect your rights.


Our firm handles expunctions and expunction enforcement across Texas. If your record was cleared, it should stay that way.

Contact Wyde & Associates today to review your situation and make sure your expunction is fully honored.

Am I Eligible?