Clearing a Case Helps—but It Doesn’t Always Erase Every Employment Concern

Many Texans assume that once a criminal case is cleared—dismissed, expunged, or sealed—it can no longer affect their job prospects. While clearing a record is a major step forward, Texas law allows certain employers and licensing agencies to consider more than just what appears on a background check.

Here’s how a cleared criminal case can still come up in employment decisions—and when it shouldn’t.

⸻

What Does “Cleared” Mean Under Texas Law?

A criminal case may be considered “cleared” in several ways, including:
  • Dismissal or acquittal
  • Expunction, which removes records entirely
  • Order of nondisclosure, which seals records from public view
Each option offers different levels of protection, and not all employers are treated the same under Texas law.
Clear Your Record Now

Can Employers Still Consider a Cleared Case?


In some situations, yes.


Even when records are expunged or sealed, employers may consider independent evidence of the underlying conduct, not the criminal record itself. Texas courts have upheld employment decisions based on conduct revealed through internal investigations or witness testimony, even when the arrest record was later expunged.


That said, employers cannot rely on expunged records directly in most circumstances.

Clear Your Record Now

Employment Laws That Protect Job Applicants


Texas law limits how criminal history can be used in hiring:


  • Employers and state agencies must evaluate applicants case by case
  • A criminal record cannot automatically disqualify someone from employment
  • Decision-makers must consider:



  • The nature of the offense
  • How long ago it occurred
  • Whether it relates to the job
  • Evidence of rehabilitation

These protections are designed to prevent unfair lifetime penalties for past mistakes.

Clear Your Record Now

Special Rules for Licensed and Regulated Jobs


Certain professions have stricter standards, including:


  • Healthcare
  • Education
  • Childcare
  • Law enforcement
  • State-licensed occupations

Licensing boards may legally consider dismissed cases or deferred adjudication if the offense relates directly to public safety or job duties—even if the case did not end in a conviction.

Clear Your Record Now

Does Expunction or Nondisclosure Still Help?


Yes—significantly. Clearing or sealing your record can:


  • Remove cases from standard background checks
  • Prevent most private employers from seeing the record
  • Reduce discrimination in hiring decisions
  • Improve housing and licensing opportunities

While it may not eliminate every possible concern, it often makes the difference between being automatically filtered out or fairly considered.

Clear Your Record Now

Why Legal Guidance Matters


The impact of a cleared case depends on:


  • How the case ended
  • Which clearance option applies
  • The type of job or license involved

An attorney can help determine whether expunction or nondisclosure offers the strongest protection for your specific goals.


If a past Texas criminal case is holding back your employment opportunities, you may have options—even if the case was already cleared.


Wyde & Associates can review your record and help you pursue expunction or nondisclosure under Texas law. Contact us today to protect your career and move forward with confidence.

Clear Your Record Now