Attorney
If you’re involved in a custody dispute or divorce, your past can have a real impact on the outcome. In Texas family law cases, judges often look at a parent’s behavior and history when deciding what’s best for the child. That means a criminal record—even one from years ago—might affect your ability to get custody, unsupervised visitation, or favorable terms in a divorce.
But what if that record no longer reflects who you are today? That’s where expungement comes in. For some people, clearing a criminal record can be a powerful step forward, not just personally, but legally.
Understanding Expungement in Texas
In Texas, expungement is the legal process of removing an arrest or charge from your record. When a record is expunged, it’s like it never existed. This can be life-changing for people who were arrested but never convicted, or whose cases were dismissed.
Expungement isn’t available for every situation. You may be eligible if:
- You were arrested but never charged
- The case was dismissed
- You were acquitted at trial
- You were pardoned by the governor
There’s also something called an order of nondisclosure, which hides the record from public view but doesn’t erase it entirely. That option is available in some deferred adjudication cases. It’s important to understand which option fits your situation and what each one actually does.
Family Law and Criminal Records: What’s at Stake?
Family law cases are often emotional, especially when children are involved. Courts are focused on what’s in the child’s best interest, and a criminal record can raise red flags even if the offense was minor or happened long ago.
Some of the most common areas where a record may come into play include:
- Child custody: Judges may see a record as a sign of poor judgment or instability
- Visitation: Certain convictions might lead to supervised visits or limited time with your child
- Adoption or guardianship: Agencies may conduct background checks and question past behavior
Even if the issue isn’t brought up by the other parent, a judge may still consider your record when making decisions. That’s why it matters and why clearing your record, if you can, may offer an advantage.
Can Expungement Help in a Custody or Divorce Case?
The short answer is yes—when it’s possible. Once a record is expunged in Texas, courts are generally prohibited from considering it. That means if a charge is no longer visible, it can’t be used against you in court. This can make a meaningful difference in family law matters.
Expungement can also help show the court that you’ve taken responsibility and made efforts to move on from the past. In a custody case, that matters. Judges want to see that you’re stable, responsible, and focused on your child’s well-being. Having a clean record supports that image.
On top of that, expungement can help you in other areas of life, like finding a better job, securing housing, or getting professional licenses. All of these factors can strengthen your position in a family law case.
Limitations to Be Aware Of
While expungement can offer real benefits, there are some limits. Not everyone qualifies, and not every record can be erased.
Here are a few things to keep in mind:
- Expungement is only available in certain situations—convictions usually don’t qualify
- If a judge or other party saw your record before it was expunged, it may still influence how they view the case
- An order of nondisclosure isn’t the same as a full expungement; courts and agencies may still access that information
- Every case is different, and no legal outcome is guaranteed
We’ll help you figure out if it makes sense to pursue an expungement based on your unique situation.
How We Can Help You Move Forward
At Navarette & Schwartz, P.C., we handle both expungement requests and family law matters in Texas. We understand how your past can follow you and how taking legal action can change your future.
Whether you’re going through a divorce, modifying custody, or planning to adopt, we’ll help you understand your options. If clearing your record gives you a better shot in court, we’ll guide you through the process. And if it doesn’t apply, we’ll work with you to build a strong case based on your current reality.
Clearing the Path to a Better Future
Expungement won’t fix everything, but it can remove a major roadblock, especially in family law cases. If you’re eligible, it’s worth considering. Contact us today to learn how we can help you protect your rights and move forward with confidence.