Will Domestic Violence Accusations Stay on My Record if the Charges Are Dropped?

 Posted on June 27, 2026 in Violent Crimes and Domestic Violence

Criminal charges can substantially alter your life, even if you never end up being convicted. If you’re charged with family or domestic violence but the charges are later dropped, your record is not automatically cleared. Certain steps need to be taken to clear, or expunge, the charges from your record.

If you find yourself in this situation in 2026, a Dallas, TX criminal defense attorney can help you understand what is required to get your record cleared.

Does an Arrest Disappear From My Record if Charges Are Dropped in Texas?

Regardless of charges being dropped, an arrest record remains part of your criminal history until a court formally orders it removed. Texas Code of Criminal Procedure Article 55A gives people the right to petition for expunction in some circumstances. These may include if charges were dismissed, no grand jury indictment was ever presented, or the case ended in an acquittal.

You must file for expunction with the court. The court then has to grant the order before the record actually comes off your history.

Once an expunction is granted, the order requires every agency holding copies of the arrest record to destroy them. After that, you're not legally required to acknowledge the arrest, including on job applications.

How Long Do I Have to Wait Before I Can Expunge a Domestic Violence Charge in Texas?

Timing for expunction depends heavily on how your case ended. If you were acquitted at trial, you typically become eligible to file for expunction right away. If the case was dismissed before trial, you generally have to wait until the statute of limitations on the offense expires before expunction becomes available, unless an exception applies.

Three-Year Statute of Limitations

For misdemeanor assault family violence cases, the statute of limitations runs three years from the date of the offense.

Five-Year Statute of Limitations

Felony family violence offenses generally carry a five-year limitations period. There are some exceptions. These include a 180-day waiting period for certain Class C misdemeanor assault family violence cases. You are only eligible for expunction at the 180-day mark if you received a deferred disposition, completed that period, and there are no other ineligible charges stemming from that arrest.

A prosecutor can sometimes agree to a discretionary early expunction by the court. This means you do not have to wait the full time period before your record can be expunged. This is rare in family violence cases specifically, though. Prosecutors are often hesitant, given the potential for the issue to come up again.

What if I Took a Deferred Adjudication Instead of Going to Trial for Domestic Violence?

Deferred adjudication is different from having charges dropped. Deferred adjudication is a special kind of probation that involves court-ordered requirements. These allow you to avoid a formal finding of guilt in some cases.

If you accepted deferred adjudication for a family violence offense, you generally cannot expunge or even seal that record through a nondisclosure order. It does not matter whether you completed every requirement successfully. Family violence offenses are specifically excluded from nondisclosure eligibility, even when the case resulted in deferred adjudication rather than a conviction.

Because of this, deferred adjudication typically means expunction is not an option.

What Should You Do if You Want to Clear a Domestic Violence Charge from Your Record?

If you are thinking about expunction, start by getting a copy of your full criminal history from the Texas Department of Public Safety. Use this to confirm exactly what's on record and how the case was officially resolved. From there, an attorney can calculate your specific eligibility date and file the expunction petition naming the agencies that need to destroy their copy of the record. These may include local police departments, the county, and state repositories.

Filing the petition correctly the first time is important. Missing an agency in the order means that agency may continue to hold onto your arrest record indefinitely.

Call Our Tarrant County, TX Criminal Defense Attorney Today

Clearing a dropped domestic violence charge from your record requires understanding how the resolution of your case affects your options. Attorney Michelle Poblenz brings over 25 years of legal experience to every case. This experience includes a background as a former prosecutor for the Dallas County District Attorney's Office.

Every case is handled personally by our Dallas, TX domestic violence lawyer from start to finish. Call the Law Office of Michelle Poblenz at 469-845-3031 to discuss your options today.