Your Situation
Dismissed Assault — Family Violence in Texas — Is It Still on Your Record?
Here's the part nobody tells you at dismissal: the case ending doesn't make the record disappear. The arrest for a family violence charge, the booking, and the court file all remain public — visible to employers and landlords — until a judge orders them expunged.
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Statute
Tex. Penal Code § 22.01; Tex. Fam. Code § 71.004
Offense level
Class A misdemeanor to felony, with enhanced consequences
What a dismissed assault — family violence case looks like to a background check
A typical report shows the arrest date, the charge under Tex. Penal Code § 22.01; Tex. Fam. Code § 71.004, and a disposition of "dismissed" — and some stale databases show the charge with no disposition at all, letting the reader assume the worst. Either way, the word "assault — family violence" is in front of whoever is screening you.
The fix: expunction
A dismissed charge is generally expungable once the applicable waiting or limitations period has passed — and sooner when the dismissal reflects a lack of probable cause. After expunction, every agency destroys its records and you may lawfully deny the arrest in nearly all contexts.
Here's what makes expunction critical for these cases: because a family-violence record can never be sealed with a nondisclosure order — even after successful deferred adjudication — expunction of a dismissed, no-billed, or acquitted charge is the only path to a clean record. If your case was dismissed and the limitations period has run (or the dismissal shows a lack of probable cause), the arrest can be erased entirely. If you're offered deferred adjudication on a family-violence case that could be beaten, that trade-off deserves very careful thought.
One more reason to act on a dismissed family violence case: sealing is never available for this category, so expunction is the only remedy that will ever exist for it.
Common questions
My assault — family violence case was dismissed — can employers still see it?
Yes, until it's expunged. Dismissal ends the prosecution, not the public record; background vendors routinely report dismissed cases with the original charge visible.
How long after dismissal can I expunge a family violence charge?
Generally once the statute of limitations runs — two years for misdemeanors, three or more for felonies — and potentially sooner if the dismissal shows the charge lacked probable cause. We compute your exact date free.
Disclaimer: This page is general legal information about Texas law, not legal advice about your case, and reading it does not create an attorney‑client relationship. Eligibility depends on the complete details of your criminal history — get a free case review for a definitive answer.
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