Most people facing criminal charges focus on the immediate question: am I going to jail. It is a fair question, and a serious one. But after years of representing clients in Texas, I can tell you that the long term consequences of a conviction often outlast the sentence itself by decades. A criminal record can follow a person through every job application, every apartment search, every loan, every visa renewal, every custody hearing, for the rest of their life.
Understanding what is at stake beyond the courtroom helps explain why fighting a charge, even a misdemeanor, matters so much.
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Employment and Career Impact
The single most common collateral effect of a criminal record is on employment. While Texas does not have a statewide ban the box law for private employers, most companies still run background checks. A felony conviction in particular can disqualify candidates from entire categories of work: positions involving money, children, vulnerable adults, firearms, government contracts, transportation, and healthcare, among others.
Misdemeanor convictions can carry weight too, depending on the offense. A theft conviction makes employers nervous about positions involving cash or inventory. An assault conviction can disqualify someone from work involving customer contact. Even a deferred adjudication, where the case did not technically end in conviction, can appear on background checks unless an order of nondisclosure is in place.
Housing and Rental Applications
Landlords in Texas routinely run criminal background checks. Many rental applications ask explicitly about felony convictions in the past seven or ten years. A conviction can mean denial outright or higher security deposits. Federally subsidized housing has its own rules, including mandatory denials for certain drug related convictions.
Buying a home is often unaffected by misdemeanor convictions, but felony convictions can complicate mortgage approval, particularly through programs requiring background screening or where the conviction involved fraud.
Education and Financial Aid
For Texas students, a criminal record can affect both admission and financial aid. Public universities in the state often ask about criminal history on applications, and a record can lead to additional review or denial. Private institutions sometimes apply stricter standards.
Federal student aid was historically subject to suspension or termination for drug related convictions occurring while the student was receiving aid. Recent reforms have softened that rule, but applicants still must answer questions about their record on the FAFSA, and some scholarships remain closed to people with convictions.
Immigration Consequences
For non citizens, the stakes of a criminal charge climb dramatically. Federal immigration law treats certain criminal convictions as grounds for deportation, denial of citizenship, denial of asylum, or refusal of reentry. The categories include crimes of moral turpitude, aggravated felonies as defined by federal law, controlled substance offenses, and domestic violence offenses, among others.
What looks like a small plea bargain in state court can produce catastrophic immigration consequences. The Supreme Court held in Padilla v. Kentucky that defense lawyers must advise non citizen clients about the immigration impact of a plea. This is an area where the right attorney makes an enormous difference, because the immigration analysis must happen before the plea, not after.
Civil Rights and Voting
A felony conviction in Texas affects civil rights. Under Texas Election Code Section 11.002, a person convicted of a felony cannot vote until they have fully discharged the sentence, including any term of incarceration, parole, or supervision. Once discharge is complete, voting rights are restored automatically, though many people incorrectly believe they are still barred.
Firearm rights are more restrictive. Federal law under 18 U.S.C. Section 922(g) prohibits firearm possession for anyone convicted of a felony in any court. Texas adds additional restrictions for misdemeanor family violence convictions. These restrictions do not go away on their own.
Family Court and Custody
Criminal charges, even those that do not result in conviction, can become evidence in family court. Texas Family Code Section 153.004 directs judges to consider any history of family violence or sexual abuse in custody decisions. A pending criminal case involving family violence allegations can trigger temporary protective orders, supervised visitation, and changes in conservatorship.
Divorce proceedings can be affected as well. Allegations made in a criminal complaint can find their way into civil pleadings. Statements made to police or in a plea allocution can be used by the other side in family court.
Professional Licensing
Texas regulates dozens of professions, and most licensing boards require applicants to report criminal history. Nurses, teachers, real estate agents, contractors, security guards, attorneys, cosmetologists, and many others can lose or be denied licenses based on convictions. Each board applies its own standards under the Occupations Code, but the trend across boards is to take any conviction seriously.
Even a deferred adjudication can require disclosure on licensing applications, and failure to disclose can be treated as a separate ground for denial. The American Bar Association and similar professional bodies maintain resources on character and fitness that explain how convictions are weighed.
Financial and Insurance Impact
A criminal record affects credit indirectly. While a conviction does not appear on a credit report, the time lost from work during a case, fines, attorney fees, and reduced employability all contribute to financial strain. Auto insurance premiums after a DWI conviction can double for years. Some types of insurance, including bond requirements for certain occupations, become impossible or prohibitively expensive.
Options for Relief
Texas offers two main forms of relief for cleaning up a record. An expunction, governed by Chapter 55 of the Code of Criminal Procedure, removes the record entirely when eligibility requirements are met. An order of nondisclosure, governed by Government Code Chapter 411, seals the record from most public access while leaving it visible to certain government and licensing agencies.
Eligibility depends on the offense, the outcome, and the time elapsed. Successfully completed deferred adjudications, certain dismissed cases, and acquittals can be sealed or expunged. Standard convictions usually cannot. The U.S. Department of Justice and various Texas legal aid resources provide general information, but the rules are technical and an attorney's review is well worth the cost.
If you are facing criminal charges or already living with the consequences of an old conviction, do not assume that nothing can be done. Contact our office for a confidential discussion of your situation.
Facing Criminal Charges in Texas?
Every case is different. A confidential review of your situation can identify defense options you may not realize you have. Contact The Brunner Law Firm to begin.
Request a ConsultationFrequently Asked Questions
Yes. A deferred adjudication is not a conviction, but it appears on criminal history checks until sealed under an order of nondisclosure. Most defendants must wait a statutory period after completion and meet eligibility criteria before nondisclosure becomes available.
It can. Theft, assault, and certain drug misdemeanors are taken seriously by employers and licensing boards. Even decades later, a misdemeanor can come up in background screening unless the record has been sealed or expunged.
Some countries deny entry to travelers with criminal convictions, particularly for felonies and certain drug offenses. Canada, for example, has historically denied entry to people with DWI convictions, though policies vary. Check with the destination country before traveling.
Texas does not automatically remove arrests or convictions from a record after a certain number of years. Records persist until sealed or expunged. Some employer policies set lookback periods, often seven years, but the underlying record remains.
Possibly. Many Texas licensing boards require disclosure of arrests and pending charges, not just convictions. The board can take action based on conduct, even if the criminal case ended favorably. An attorney can help craft a disclosure response that protects your license.
About Mark Brunner
Mark Brunner represents individuals facing criminal charges throughout Round Rock, Williamson County, and Central Texas. The firm's practice covers DWI defense, drug crimes, theft, fraud, appeals, and the full range of state and federal criminal matters.