Remove Arrest from Background Check in El Paso TX — Fort Bliss Security Clearance

What Is Remove Criminal Record from Background Checks?

Background checks in Texas — whether conducted by employers, landlords, licensing agencies, or financial institutions — typically reveal arrests, charges, and convictions, including cases that were dismissed, resulted in acquittal, or were never prosecuted. This is because the arrest itself creates a public record, separate from the outcome of the case. Many El Paso residents are shocked to discover that a dismissed DWI, a dropped assault charge, or an old arrest from years ago is still appearing on their background checks and costing them opportunities. There are two primary legal remedies for removing or limiting what appears on a background check in Texas. The first is expunction under Texas Code of Criminal Procedure Chapter 55. An expunction completely destroys all government records of the arrest — the El Paso Police Department, the El Paso County Sheriff's Office, the Texas Department of Public Safety, the FBI's National Crime Information Center, and private background check companies are all ordered to destroy or remove the records. After an expunction, you can legally deny the arrest occurred in virtually all circumstances. Expunction is available for arrests that resulted in dismissal (after the statute of limitations expires), acquittals, and certain other outcomes. The second remedy is a non-disclosure order under Texas Government Code Chapter 411. A non-disclosure order seals the records from public view, preventing private employers, landlords, and the general public from seeing the offense on standard background checks. Non-disclosure is available for most deferred adjudication cases and, under recent legislative changes, for certain first-time DWI convictions. Unlike expunction, non-disclosure keeps the records accessible to law enforcement and certain licensing agencies. For most El Paso residents, the key question is which remedy is available for their specific situation. An attorney can review your complete criminal history, identify which option applies, and handle the entire process from start to finish.

Penalties in Texas — What You Are Facing

The consequences of a visible arrest or criminal record on a background check in El Paso are wide-ranging and often underestimated. El Paso's largest employers — Fort Bliss, UTEP, the El Paso Independent School District, the City of El Paso, and the many federal contractors operating in the region — all conduct thorough background checks that reveal arrests even when no conviction resulted. A dismissed case, a no-bill from the grand jury, or an acquittal at trial can still appear on a background check and cause an employer to pass over an otherwise qualified candidate. Beyond employment, a visible criminal record affects housing applications in El Paso's competitive rental market, professional licensing by the Texas State Bar, the Texas Medical Board, the Texas Board of Nursing, and dozens of other licensing agencies, and security clearance applications that are critical for the thousands of El Paso residents who work in defense-related industries near Fort Bliss and Biggs Army Airfield. For non-citizens living in El Paso's large border community, a visible arrest record — even without a conviction — can complicate visa renewals, green card applications, and naturalization proceedings. Removing or sealing the record eliminates these consequences for the vast majority of background checks.

The Legal Process in El Paso, Texas

The process for removing information from your background check begins with a comprehensive review of your criminal history to determine which remedy is available. Attorney Aaronson obtains your complete criminal history from the Texas Department of Public Safety and reviews the court records from the El Paso County District Clerk's office to identify every arrest and charge, verify the outcome of each case, and determine eligibility for expunction or non-disclosure. For expunction cases, the attorney files a Petition for Expunction in El Paso County District Court, serves all required agencies, attends the hearing, and follows up with every agency — including private background check companies — to confirm that the records have been destroyed. For non-disclosure cases, the attorney files a Petition for Non-Disclosure in the appropriate El Paso County court, serves all required agencies, attends the hearing, and follows up to confirm compliance. After either order is granted, Attorney Aaronson contacts private background check companies directly to ensure they update their databases, and takes additional legal action if necessary to enforce compliance.

Defense Strategies That Work in El Paso Courts

Successfully removing information from a background check requires precision at every step. Common pitfalls include: filing before the applicable statute of limitations has expired; failing to identify and serve all agencies that hold records; errors in the petition; and failure to follow up with private background check companies after the order is granted. Attorney Aaronson's approach addresses each of these risks. He conducts a comprehensive records search before filing, prepares the petition with meticulous attention to the statutory requirements, serves every required agency, attends the hearing, and follows up with each agency — including private database companies — to confirm that the records have been removed or sealed.

Frequently Asked Questions About Remove Criminal Record from Background Checks in El Paso