Family Law · 2024-08-10 · 8 min read · Daniel
Does Contempt of Court Go on Your Record? What Background Checks Show in Texas
TL;DR (Quick Summary)
In Texas, CIVIL contempt (most family law cases) does NOT appear on criminal records or standard background checks. However, the court case is public record. CRIMINAL contempt (willful violation + intent to defy court) can result in criminal charges that DO appear on background checks. ~95% of family law contempt cases are civil. Civil contempt court records are searchable through Ector County District Clerk but won't appear on employment background checks or criminal history reports.
Civil vs Criminal Contempt: What Goes on Your Record?
Understanding Contempt of Court in Texas
Contempt of court occurs when someone violates a court order. In Texas family law cases (divorce, child support, custody), courts use contempt to enforce compliance. Whether it appears on your "record" depends entirely on the TYPE of contempt.
| Factor | CIVIL Contempt | CRIMINAL Contempt |
|---|---|---|
| Purpose | Compel compliance with order | Punish defiance of court |
| Standard of Proof | Preponderance (>50%) | Beyond reasonable doubt |
| Max Jail Time | 6 months (purgeable) | 6 months fixed |
| Max Fine | $500 per violation | $500 per violation |
| Right to Jury Trial | No | Yes |
| Criminal Record? | ❌ NO | ✅ YES |
| Background Check? | ❌ NO | ✅ YES |
| Court Records? | ⚠️ Public | ⚠️ Public |
| Common in Odessa? | ✅ Yes (~95%) | ❌ Rare (~5%) |
✅ Good News for Most People
~95% of contempt cases in Texas family courts are CIVIL. This includes:
- Failure to pay child support
- Refusing to follow custody/visitation orders
- Not complying with property division orders
- Violating temporary orders during divorce
Civil contempt does NOT create a criminal record and will NOT appear on standard employment background checks or FBI fingerprint checks.
⚠️ When Contempt DOES Go on Criminal Record
Criminal contempt occurs when someone's actions show willful intent to defy the court's authority. Examples in Ector County cases:
- Disrupting court proceedings (yelling, threatening judge)
- Refusing direct court orders during a hearing
- Assaulting someone in courtroom
- Repeated, flagrant violations showing no intent to comply
Long-Term Impact: How Contempt Affects Your Life
Impact on Employment
The question most clients ask at our Odessa office: "Will this affect my job or future employment?"
| Job Type | Civil Contempt | Criminal Contempt |
|---|---|---|
| Private Sector | ✅ No impact | ❌ May disqualify |
| Government Jobs | ⚠️ Possible in deeper screening | ❌ Likely disqualifying |
| Law Enforcement | ⚠️ Found in court records check | ❌ Disqualifying |
| Healthcare/Licensed | ⚠️ Board may investigate | ❌ May affect license |
| Legal Profession | ⚠️ Disclose to State Bar | ❌ Serious risk |
| Retail/Service | ✅ No impact | ⚠️ Depends on employer |
Impact on Future Court Cases
⚠️ Child Custody Modifications
If you were held in contempt for violating custody orders, the other parent can use this in future custody disputes. Texas Family Code §153.134 requires courts to consider a parent's history of compliance with court orders.
⚠️ Child Support Enforcement Consequences
- Wage garnishment
- Suspension of driver's license (TX Family Code §232.003)
- Denial of passport (federal law 42 USC §652)
- Tax refund interception (federal offset program)
- Liens on real property
Facing Contempt Charges in Odessa?
At Robles Family Law, we help clients defend against contempt motions OR enforce court orders when the other party isn't complying. We've handled hundreds of contempt cases in Ector County.
Call (432) 366-6000 — ConsultationCan You Remove Contempt from Court Records?
Short answer: Probably not.
❌ Expungement NOT Available for Civil Contempt
Texas expungement laws (Chapter 55, Code of Criminal Procedure) only apply to criminal cases. Civil contempt is not a criminal conviction.
✅ What You CAN Do
- Purge the contempt: Comply with the order. The finding remains but you're no longer "in contempt."
- Modify underlying order: If impossible to follow, ask the Odessa court to modify (e.g., reduce support if you lost your job).
- Provide context to employers: Explain it was civil, not criminal, related to a family dispute.
Frequently Asked Questions
Will contempt of court show up on a background check for a new job?
Civil contempt (most common in family law) will NOT show up on standard employment background checks. Criminal contempt WILL appear as a criminal conviction. Standard background checks only pull criminal records, not family court civil cases. Government jobs requiring security clearance may do deeper court record searches.
How long does contempt of court stay on your record in Texas?
Forever. Civil contempt findings remain in public court records indefinitely. Since they're not criminal convictions, they don't appear on criminal background checks. Court records are searchable online through Ector County District Clerk's website, but employers rarely search these manually.
Can you go to jail for contempt of court in Texas?
Yes. Both civil and criminal contempt can result in jail time. Civil: up to 6 months (purgeable by complying). Criminal: up to 6 months fixed sentence. In Odessa family courts, jail is typically a last resort for repeated, willful violations — especially child support non-payment.
Is contempt of court a misdemeanor or felony in Texas?
Civil contempt is NEITHER — it's a civil enforcement mechanism. Criminal contempt is typically Class C (fine only) or Class A misdemeanor (up to 1 year + $4,000 fine) under Texas Penal Code. It's never a felony unless combined with other criminal charges like assault on a judge.
Will contempt affect my ability to get a professional license in Texas?
Maybe. Texas licensing boards (medical, legal, nursing, teaching) ask about court orders. Civil contempt may need disclosure depending on the license. Criminal contempt definitely must be disclosed. Consult an Odessa attorney before answering licensing questions.
Can contempt of court affect child custody in Texas?
Absolutely. Texas Family Code §153.134 requires courts to consider a parent's history of compliance with court orders. If held in contempt for violating custody orders, this weighs against you in future modifications and can result in loss of custody or restricted visitation.
What happens if I can't pay child support and I'm held in contempt?
If genuinely unable to pay (job loss, disability), contempt can be defended. Texas courts require proof you had the ABILITY to pay but chose not to. If you can prove inability, contempt won't be found. However, you must file a motion to modify — non-payment without modification still accrues arrears.
Can I get contempt expunged from my record in Texas?
No. Texas expungement laws only apply to criminal arrests/convictions. Civil contempt is not a criminal matter, so it cannot be expunged or sealed. The finding remains in public court records indefinitely. You can purge current contempt by complying with the order.
Will contempt of court affect my security clearance?
Potentially. Federal security clearance investigations (Secret, Top Secret) involve extensive court record searches. While civil contempt isn't a criminal conviction, investigators may find it and ask for explanation. Criminal contempt will definitely be found and could jeopardize clearance.
Do I need a lawyer for contempt proceedings in Odessa?
Highly recommended. Contempt can result in jail time (even civil contempt). If you can't afford an attorney and jail is possible, the court must appoint one (§157.163). Proactive representation is better. Robles Family Law offers consultations for contempt defense in Ector County.