Are There Any Types Of Records That Cannot Be Expunged?


One type of records that can’t be expunged are any records kept by the federal government. Texas’s expunction law doesn’t bind the federal government. The federal government isn’t going to follow a state judge’s expunction order, so if the feds were somehow involved in your state criminal case, they will keep their records.

Thankfully, this is rare. The federal government doesn’t get involved in the vast majority of investigations or arrests for state level crimes.

A second type of records that can’t be expunged are records kept by nongovernment entities. The expunction statute only applies to government agencies or private companies that do business with the government. So, for example, the news media doesn’t have to delete reports they wrote about your case. And regular citizens can still talk about and write articles about your case. But private background check companies who buy criminal history information from the state to have to expunge their records.


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