Navigating a criminal charge in Texas can create serious stress—not just in the courtroom, but also when trying to secure or maintain stable housing. If you or your family are worried about being denied an apartment, facing questions from your landlord, or the possibility of losing your current home, you’re not alone. At The Law Office of Rene A. Flores PLLC, we know firsthand how disruptive criminal charges can be for Texans looking to move forward. That’s why we want you to have clear information, proven strategies, and the real-world support you need to minimize the impact of a criminal charge on your housing in Texas—especially here in Hidalgo County, where local practices can be unique.
Can a Criminal Charge Affect My Rental Housing in Texas?
If you have a criminal charge in Texas, it can appear on background checks that landlords and property managers regularly use during tenant screening. These reports cover a range of information, including convictions, pending charges, and sometimes past arrests. In most cases, both unresolved criminal cases and old convictions will be visible to a potential landlord unless you have successfully sealed or expunged your record.
In Texas, landlords have significant discretion to accept or deny rental applications based on criminal history, unless their policies violate federal discrimination laws. This means a landlord can review your entire criminal history—pending charges, convictions, and even dismissed cases—unless restricted by local ordinances or federal law. However, many landlords focus on recent or serious charges, while some take a broader look at your criminal background.
Based on what we see in Hidalgo County and across Texas, typical “lookback periods” for private landlords range from five to ten years, but there’s no official legal limit. Landlords may also weigh the type of offense, how long ago it occurred, and whether there has been repeated criminal activity. Knowing what a landlord will see when screening your background is a vital first step before applying for new housing.
What Texas Laws & Federal Fair Housing Rules Apply to Applicants With Criminal Charges?
Texas does not provide state-level protections for renters with criminal charges on their record. At the same time, the federal Fair Housing Act prohibits discrimination by landlords based on race, color, national origin, religion, sex, familial status, or disability. While criminal history itself isn’t a protected class, federal guidelines from HUD state that blanket policies excluding all applicants with criminal records may be illegal if they result in discriminatory effects on protected groups.
There are important exceptions to understand. Texas landlords are typically allowed to deny applications from registered sex offenders and those convicted of producing methamphetamine in federally assisted housing. Public housing authorities often enforce stricter rules and require lookback periods for certain types of convictions. Local laws in some Texas communities may also encourage, but rarely require, “second chance” housing practices or incentives for landlords who rent to individuals with criminal records. The rules often depend on the type of property and whether federal funding is involved.
If you feel you’ve faced illegal discrimination during a rental application because of your criminal record and another protected characteristic, you have options. You may be able to file a complaint with HUD or the Texas Workforce Commission Civil Rights Division. At The Law Office of Rene A. Flores PLLC, we work side-by-side with clients to help clarify rental screening policies and to challenge unlawful, unfair, or unclear rejections when they happen in Hidalgo County.
How Long Does a Criminal Charge Impact Housing Applications in Texas?
One of the most common questions renters ask is how long a criminal charge will make getting housing more difficult. There is no Texas law setting a maximum timeframe for background screening, but most property managers use their own limits or company policies. Large apartment complexes tend to look back five to ten years, focusing attention on more recent cases. Some private landlords may review your entire criminal record, regardless of how old an offense is.
Offenses are judged differently based on how recent they are and the nature of the crime. For example, violent felonies or drug manufacturing charges might remain major red flags for much longer than old misdemeanor convictions. Charges that ended in a dismissal or not guilty verdict may still be visible, but some landlords are willing to look past them—especially when an applicant provides a reasonable explanation and evidence of rehabilitation or consistent employment.
You may also be eligible to have records sealed or expunged in Texas. If you completed deferred adjudication, received a dismissal, or certain other conditions apply, this process can remove the charge from public view for most landlords. Expungement offers a true fresh start on your rental application background check. At The Law Office of Rene A. Flores PLLC, we help review your eligibility for sealing or expunction and guide you through the necessary paperwork to maximize your housing options.
What Steps Can I Take If A Landlord Rejects Me Because of a Criminal Charge?
It is discouraging—and often confusing—to be denied housing based on a criminal charge. But a denial does not close all doors. The Fair Credit Reporting Act gives you the right to see the background report used for your screening. Start by requesting this report and checking it for errors or outdated information, which you can dispute with the reporting agency if needed.
If you believe the landlord’s decision violates the Fair Housing Act (such as by indirectly discriminating against a protected group), you have the right to file a complaint through HUD or the Texas Workforce Commission. Even without a legal complaint, consider writing an appeal to the landlord explaining the context behind the charge, what you’ve done since the incident, and why you’d be a responsible tenant. In some cases, landlords will reconsider after hearing your full story.
When responding to a denial, you may also increase your approval chances by providing additional references, demonstrating stable employment, or offering a larger security deposit. Persistence and preparation are key; many people find housing after an initial rejection by tailoring their approach and directly addressing concerns. Our team can support you in drafting appeals, preparing documentation, and understanding how to assert your rights—so you stay proactive in your housing search.
How To Prepare a Texas Rental Application With a Criminal Record
Preparation can make or break your rental application if you know a criminal charge will appear in your background check. Begin by obtaining your own Texas criminal history report from the Department of Public Safety so you can address any issues proactively. Fixing any errors before you apply helps avoid rejection for incorrect or outdated information.
Include an honest explanation of your record, especially if the offense is likely to be flagged by property managers. Be brief but direct: state the facts, demonstrate responsibility, and highlight the positive steps you have taken since. Landlords are more willing to work with you when they understand the full picture and see evidence of change.
Consider strengthening your rental application with the following:
- Proof of consistent employment or income
- Letters of reference from employers, previous landlords, or community leaders
- Documentation of any court-ordered or voluntary rehabilitation, counseling, or community service
- Offering a higher security deposit if possible
- A willingness to allow voluntary background checks or co-signers
The goal is to help landlords view you as a responsible, reliable tenant—regardless of previous mistakes. At The Law Office of Rene A. Flores PLLC, we work hand-in-hand with our clients to gather documentation and present their best case to prospective landlords.
Strategies for Protecting Your Current Housing After a Criminal Charge
If you are already renting or leasing, a criminal charge can threaten your current home. Your rights and risks depend heavily on the terms of your lease agreement and the nature of the alleged offense. Not all criminal charges will lead to eviction, but leases in Texas often contain “crime-free” addenda giving landlords the right to terminate tenancy after an arrest or criminal activity—even if the case hasn’t resulted in a conviction.
Review your lease carefully for any relevant provisions, and don’t ignore communication from your landlord or property management company. It’s generally best to be proactive: explain the situation (especially if you are taking legal action to contest the charge) and offer a plan for continued compliance with your lease. Many landlords value open communication and clear documentation of rehabilitation efforts during these tough conversations.
In Texas, if your landlord moves to start eviction, you have the right to a written notice and the opportunity to contest the action in court. Courts will consider the type of offense, how it may affect other tenants, and your general conduct as a resident. At The Law Office of Rene A. Flores PLLC, we routinely support clients at every stage—from early communication and negotiation to courtroom advocacy—because there is often a chance to preserve your housing even after a serious charge.
Does the Type of Criminal Charge Make a Difference for Texas Housing?
Yes, the nature of your charge plays a crucial role in how landlords and public housing authorities view your application. In Texas, violent felonies, certain drug manufacturing crimes, and sex offenses are the most likely to cause denial—especially for federally subsidized apartments where restrictions are often non-negotiable. These offenses are considered high risk and remain on your record for many years, typically resulting in automatic or near-automatic denial from many landlords.
By contrast, landlords may be more flexible toward non-violent misdemeanors, older offenses without repeated incidents, or charges unrelated to property or tenant safety. Some organizations and “second chance” housing providers in Texas specifically work with those who can document rehabilitation and positive life change. For privately owned rentals, a single conviction from years ago can sometimes be overcome when a strong application is paired with a candid explanation and reliable references.
Our team at The Law Office of Rene A. Flores PLLC evaluates your specific situation and helps you understand not only how your history might be viewed, but also the best steps to take moving forward. There are real differences in how various offenses are weighed—and with an informed, strategic approach, you can improve your odds of finding new housing or staying in your current home.
Understanding Your Rights Against Housing Discrimination Due to Criminal Charges
If you believe your criminal record has been used as a tool for illegal discrimination, you may have grounds for a complaint—even though “criminal history” itself is not a federally protected category. The key standard is whether the landlord’s policy leads to “disparate impact”—in other words, whether it disproportionately affects a protected class under the Fair Housing Act without adequate business justification.
Take these steps if you believe housing discrimination occurred:
- Request a written explanation of your rejection, including the landlord’s policy on criminal records
- Save all application materials, written communications, and any public postings of rental criteria
- File a formal complaint with HUD or the Texas Workforce Commission Civil Rights Division
- Seek legal advice to ensure your complaint is comprehensive and on solid footing
Federal agencies investigate and, in some circumstances, help mediate discrimination cases. Often, even the act of filing a well-supported claim is enough to get landlords to clarify or reconsider blanket bans that may violate the law. At The Law Office of Rene A. Flores PLLC, we support our clients by helping them understand these complex rules and gather the evidence needed for a successful outcome.
Ways a Criminal Defense Lawyer Supports Housing Stability in Texas
Legal representation is indispensable when your future housing is at stake. A criminal defense attorney can review your record for expungement or sealing eligibility, which is often the most effective way to clear obstacles for rental housing in Texas. If clearing your record is not an option, a lawyer can help craft explanations, negotiate with landlords, and ensure all paperwork is for rental appeals or hearings.
With a criminal defense lawyer guiding your case, you gain substantial leverage. Our work at The Law Office of Rene A. Flores PLLC includes direct communication with landlords, legal response to eviction actions, and informed advocacy to prevent unnecessary housing loss. Having someone with real courtroom and negotiation skills can open doors that might stay closed if you try to manage the process alone.
We also draw on unique experience from handling cases throughout Hidalgo County and serving as a Municipal Judge—giving us a clear understanding of what local landlords and property managers prioritize. Our clients count on a hands-on and personal legal defense at every stage, always aiming to protect their home and their future.
Where to Find Texas Resources & Support for Housing After a Criminal Charge
Accessing local support can be one of the strongest strategies for staying housed or finding new rental options with a criminal charge in Texas. Several state and community organizations understand these circumstances and are equipped to assist. The Texas Department of Criminal Justice’s Reentry & Integration Division offers referrals, transitional housing resources, job training, and support for individuals reentering society after criminal justice involvement.
In the Rio Grande Valley and throughout Texas, groups like Texas RioGrande Legal Aid and regional faith-based coalitions can sometimes connect people to “second chance” properties or offer direct advocacy in disputes with landlords. Local community organizations in Hidalgo County may also have contacts with property owners open to applications from people with criminal backgrounds, especially for those who can show rehabilitation, employment, or community ties.
At The Law Office of Rene A. Flores PLLC, we regularly help clients access these programs by preparing the right documentation and referring them to trusted housing and support partners. When the housing process feels overwhelming, collaborating with dedicated professionals ensures you won’t miss out on valuable resources that could change the course of your search.
Common Misconceptions About Criminal Records & Texas Housing
Many believe that any criminal charge, even if it resulted in a dismissal or acquittal, automatically leads to a denied rental application. In reality, while certain cases present challenges, not every charge prevents you from securing housing. Most landlords review charges individually, considering how long ago the incident occurred and the circumstances surrounding it.
It is also a mistaken belief that private landlords always have stricter policies than public housing providers. In fact, some private landlords in Texas are more flexible and make decisions on a case-by-case basis, especially when they receive full, accurate background information and supporting documents. In contrast, public housing authorities enforce clear-cut guidelines—but even there, exceptions and appeal processes exist.
Another common myth is that the first “no” is the final answer. You have every right to appeal a denial, offer explanations, and provide additional documentation or references. Proactivity and transparency—plus a willingness to seek expungement when eligible—provide powerful tools for Texas renters seeking a new place to live, even after a criminal charge.
Steps You Can Take Now to Protect Your Housing in Texas
Starting early offers the best defense when facing housing challenges due to criminal charges in Texas. Request your Texas criminal history report, carefully review leasing agreements, and begin building a strong portfolio of employment, community involvement, and personal references. For those in existing leases, open communication with your landlord and a clear understanding of your rights can help prevent sudden eviction or housing instability.
Consider reaching out for professional assistance if you’re unsure where to start, or if you need help putting together documentation, appeals, or legal responses to a landlord’s action. At The Law Office of Rene A. Flores PLLC, our experienced legal team partners directly with you, carefully guiding you through every step—from your initial background check to potential courtroom defense.
If you’re facing housing barriers due to a criminal charge in Texas, you don’t have to navigate these obstacles alone. Contact us at (956) 606-3606 for a confidential consultation. Our team takes pride in providing the dedicated, person-to-person support that gives you the best shot at securing or keeping your home—even during life’s most difficult moments.