You finally find an apartment in Midland that feels safe and within your budget, you fill out the application, and the leasing office runs a background check. A few days later you get a short email or a quick phone call saying you did not meet their criteria, and your criminal record is the only thing anyone wants to talk about. It can feel like a single case from years ago is still deciding where your family sleeps and whether you can move forward.
People across Midland and West Texas run into this every week, whether they picked up a recent charge or have an old conviction that keeps popping up. Some are trying to move their kids into a better school zone, some are getting out of jail or prison, and some are simply ready to rebuild after a mistake. What they all discover is that criminal history follows them into every rental office and public housing application, often in ways they did not expect.
As a criminal defense firm that works across West Texas, we see how charges, plea deals, and case outcomes show up later on tenant screening reports. We talk with clients not only about jail or probation, but also about how a record affects jobs and housing in places like Midland. In this guide, we want to share what we have learned so you understand how your record really affects housing, where landlords have power, where they do not, and what legal and practical steps can improve your options.
Call (432) 237-3530 today to setup a consultation, or contact us online to learn more. Our attorneys are ready to help.
Why A Criminal Record Makes Housing Harder In Midland
Most people first feel the weight of a record when they apply for an apartment in Midland and never even get to speak with the actual owner or manager. They pay the application fee, hand over their Social Security number, and wait. Instead of a conversation, they get a form denial or are simply told that “background criteria” were not met. The decisions are often made by a computer system or off a short report, not by someone who knows anything about their life today.
In Midland, many larger apartment complexes and corporate managed properties rely heavily on tenant screening companies. These companies pull criminal history, credit, and eviction data, then give the landlord a recommendation that can be as simple as “approve,” “approve with conditions,” or “deny.” Once a report flags certain types of offenses, some properties will not look any deeper. In a rental market where demand is strong, landlords often feel they can move quickly to the next applicant without taking a chance on someone with any criminal history at all. Even smaller landlords, such as individuals who own a few rental houses in the Midland area, are under pressure. They may not use the same automated systems, but they still worry about safety, liability, and how neighbors will react. For some of them, a record becomes an easy way to narrow their choices. We have seen clients who are working, supporting families, and staying out of trouble for years, but still get reduced to a single line on a criminal history report that does not tell the whole story.
When we discuss new or pending charges with clients, housing is one of the first collateral issues that comes up. We know from experience in West Texas courts that an outcome which looks acceptable on paper may still cause serious problems when a tenant screening system reads it. That is why understanding how these reports work and how different case outcomes appear on them is so important for renters in Midland with records.
How Criminal Background Checks Work For Midland Rentals
Most rental background checks in Midland are not run directly by the landlord. Instead, management companies and many individual owners use tenant screening services that pull from a mix of public records and private databases. These systems are built to search for criminal records tied to your name and date of birth, not just in Midland County, but often across Texas and sometimes in other states. What shows up depends on how the original criminal case was entered into court and law enforcement systems.
On a typical tenant report, there may be separate lines for arrests, charges filed, and convictions. An arrest record means law enforcement took you into custody and booked you. A charge means a prosecutor filed a formal case, such as a misdemeanor in county court or a felony in district court. A conviction means the court entered a finding of guilt, often after a plea deal. Even when a case is later dismissed or you successfully complete deferred adjudication, the original arrest and filing entries can still appear in some databases if no further steps are taken to clear them.
This is where it gets confusing for many people. A case that was dismissed may still show up in a way that looks bad to a landlord who is just skimming a report. The entry may list the original offense name and not clearly show that the case ended in a dismissal. The same is true for deferred adjudication, where the court may not enter a conviction, but the underlying charge and plea can still appear. Without legal help, applicants often do not realize why past cases are still haunting their rental searches or why a landlord is reacting so strongly.
From our perspective, having worked on the law enforcement and prosecution side and now defending people in West Texas, we know how data moves from a police report to a court file to a database that a screening company pulls from. Small differences in how a case is labeled or resolved can change what a landlord sees. When we evaluate a client’s record, we are not just looking at the court file, we are also thinking about how a tenant screening system in Midland is likely to read it and how that might affect housing opportunities.
What Midland Landlords Can And Cannot Do With Your Record
Many people in Midland assume that landlords can do absolutely anything they want with criminal history. The reality is more complicated. Private landlords do have broad discretion to set their own criteria, and many will say they have a policy about certain offenses or time periods. At the same time, federal fair housing law looks closely at policies that blindly reject anyone with any record, because those policies can have unequal impacts on different groups of people.
In practice, that means some larger property managers will claim they review applications individually, but they often rely on written guidelines that treat certain criminal histories more harshly than others. Recent felony convictions, especially for violent offenses, robbery, burglary, or certain drug crimes, are likely to be treated as higher risk. Some complexes in Midland may have written rules that say any felony within a certain number of years is a basis for denial. For misdemeanor offenses, particularly older or nonviolent ones, the response can be more mixed, but there may still be concern or extra conditions.
Public and subsidized housing operate under additional layers of regulation. Housing authorities that manage federal programs must follow specific statutory and regulatory rules on criminal history. There are categories of offenses, such as some serious drug or violence related crimes, that can lead to mandatory denial or long exclusion periods under federal law. Other offenses may lead to discretionary denials, where the housing authority considers factors like how long ago the incident occurred and what has happened since. Policies can vary by program and over time, so the key takeaway is that there is a structure, not just random decision making.
Because our firm handles cases in both state and federal settings, we pay attention to how a conviction or plea could interact with these housing rules. When a client in Midland is facing charges that might trigger tough exclusions from public or subsidized housing, that changes the conversation about risk. Even with private landlords, we can explain how certain case outcomes look on paper and help clients understand where landlords have legal leeway and where they may be overreacting or misunderstanding what a record really says.
How Different Types Of Charges Affect Housing Opportunities
Not every criminal record hurts housing in the same way. Landlords and housing authorities, as well as the screening systems they use, tend to treat different charges and timelines very differently. A recent felony assault can raise very different concerns than a 12 year old misdemeanor possession case, even though both will appear on a background report. Understanding those differences helps you get a more realistic picture of your own situation and your options.
As a general pattern, recent felony convictions draw the closest scrutiny. A Midland applicant with a felony conviction for violence, burglary, robbery, or significant drug distribution in the past few years may find that many larger complexes are reluctant to consider them. That does not mean it is impossible to find housing, but it often requires looking for smaller landlords or waiting until enough time has passed. On the other hand, older misdemeanors, such as a low level theft or minor drug possession from a decade ago, may still appear on a report, but some landlords are willing to listen if there has been a clean record since.
Certain categories almost always create serious barriers. Active sex offender registration or convictions for serious sex offenses often cause automatic denials in both private rentals and public housing systems. Some drug related offenses, especially those tied to manufacturing or distribution, can trigger tougher responses than simple possession. Even within those categories, details matter. A deferred adjudication or reduction to a lesser offense may open doors that a straight conviction would close, especially if record relief is possible later.
We have represented people in West Texas on everything from traffic related misdemeanors to major felony indictments, and we see how those outcomes follow them into housing applications. When we work with someone who is worried about their future in Midland, we talk about the long term: whether a plea will count as a conviction, whether a specific charge might qualify for nondisclosure later, and how that might influence a landlord or housing authority down the line. That kind of planning can change housing opportunities years after a case is closed.
Public & Subsidized Housing Rules For People With Records
For many people in Midland, public or subsidized housing is not just an option, it is the only realistic way to afford a safe place to live. That makes criminal history rules in these programs especially important. Housing authorities and program administrators do not have unlimited discretion. They must follow written admissions policies that are shaped by federal law, agency regulations, and their own local guidelines.
Some types of criminal conduct can lead to mandatory denial or termination under federal statutes. These can include very serious offenses tied to violence or drugs, and they may involve specific time frames where a person is ineligible. Other offenses fall into a discretionary category. In those situations, the housing authority may consider how long ago the incident happened, whether there were multiple events, and what steps the applicant has taken since to avoid further problems. That can include things like completing treatment, holding stable employment, or finishing probation successfully. Because every program operates under its own written rules, there is no one size fits all answer for public and subsidized housing. What we can say is that applicants with records often do not know what those rules actually say or how their cases line up with them. They may be told informally that they are ineligible without much explanation. Talking with a criminal defense attorney about the exact nature of your convictions and dispositions can at least help you understand whether a denial is truly required or whether there might be room for a different approach in the future.
Our work in both state and federal criminal systems gives us a clearer picture of which types of cases are likely to cause issues with federal housing programs. When we advise someone in Midland who depends on subsidized housing, we factor those consequences into discussions about plea options and case strategy. While we cannot rewrite housing policies, we can help clients avoid outcomes that trigger the harshest rules when there are legal alternatives available.
Legal Options That May Improve Your Housing Prospects
When housing is already a struggle, the idea that anything can change your record can feel unrealistic. In Texas, there are legal tools that can sometimes soften the impact of past cases on background checks. Two of the most common are expunction and orders of nondisclosure. These do not apply to every case and they are not quick fixes, but for people who qualify, they can be a major step toward better housing opportunities in Midland.
An expunction, in simple terms, is a process that can remove certain arrest and case records from public view. If you are eligible and the court grants an expunction, many private background checks will no longer show that case. Eligibility is limited, often to situations where charges were never filed, were dismissed, or resulted in certain types of outcomes, and there are timing rules. An order of nondisclosure is different. It does not erase the case, but it can seal it from most private background checks after you meet specific conditions, such as completing deferred adjudication successfully and staying out of new trouble for a set period.
The best time to protect housing options is often while a criminal case is still open. Decisions about which charges to file, what plea to accept, and whether to pursue a trial can all affect whether expunction or nondisclosure is available later. For example, negotiating a reduction to a particular offense or securing a deferred adjudication outcome may preserve more record relief possibilities than a straightforward conviction. When we defend someone in Midland, we look ahead to these questions and explain how different paths might limit or expand their housing prospects in the years to come. Even after a conviction, there can be limited options. Some people qualify for nondisclosure on certain misdemeanors after they complete their sentence and wait out required time periods. Others may discover that old arrests from cases that were never filed are still sitting in databases and may be candidates for expunction. The only way to know is to sit down with a defense attorney who can review the entire record, not just the most recent case. For many West Texans, that conversation is the first time anyone has walked them through how their criminal history and housing situation intersect.
Practical Steps When Your Record Is Hurting Your Housing Search
Legal options take time, and housing needs are often urgent. While you explore whether expunction, nondisclosure, or other relief might fit your situation, there are practical steps you can take to make your search in Midland more effective. These steps will not erase a record, but they can help you avoid surprises and present yourself in a way that some landlords are more willing to consider.
First, get an accurate picture of your own criminal history. Many people apply for apartments assuming a case “fell off” years ago, only to find out that an arrest they barely remember is still showing up. You can request your own records through official channels and go over them with a defense attorney so you are not blindsided by what a tenant screening company will see. Knowing exactly what is on your record also makes it easier to explain specific incidents rather than trying to apologize in general terms.
Second, think strategically about where you apply. Large apartment complexes in Midland that use rigid screening systems may be less flexible, especially for recent serious offenses. Smaller landlords, such as individuals renting out a home or duplex, sometimes have more room to hear your story. They may still be cautious, but they are also more likely to consider letters from employers, evidence of treatment, or proof of stable income. If you decide to share context, focus on what has changed since the offense, not just the details of the incident itself.
Third, try to time your applications around any record relief work you are doing. If we are helping you pursue an expunction or nondisclosure, it may make sense to wait on certain large complex applications until that process is complete, when the background check will look different. We talk through these timing decisions with our clients in West Texas so they understand when it makes sense to apply and when it might be smarter to hold off and improve their position first.
These practical steps are the same kind of advice we share with clients in Midland facing real life housing struggles. We know it is not easy to hear “no” from landlords, especially when your family is counting on you. Combining legal planning with thoughtful application strategies can give you more control and fewer unpleasant surprises.
How Wolf, Stallings & Mayo Approach Cases With Housing In Mind
At Wolf, Stallings & Mayo, we do not see a criminal case as something that ends when the judge hands down a sentence. Our clients live with the consequences for years in the form of lost job opportunities, strained relationships, and housing barriers across West Texas. That is why we discuss housing concerns from the beginning, especially for people in Midland who know they will need to move, apply for public housing, or renew leases after their case is over.
Our team brings experience from both sides of the courtroom, including prior work in district attorney’s offices and federal law enforcement. We have seen how charges are built, how they are recorded in court systems, and how those records are later pulled by employers and landlords. When we look at your file, we are thinking both like former prosecutors who understand how the state will label your case and like defense attorneys who know how that label will look on a background check.
We take a direct, personal approach to communication. That means if housing is a top priority for you, we talk about it openly when we discuss plea offers, trial decisions, and possible record relief. We walk through scenarios, such as whether a particular misdemeanor might qualify for nondisclosure in the future, or whether a dismissal could support an expunction that clears a damaging arrest from most private checks. Our goal is to build a defense strategy that fits your life, not just your case number.
If your criminal record is already causing denials from Midland landlords or public housing programs, or if you are facing new charges and are worried about where you will live afterward, we are ready to sit down with you. We can review your record, explain what it likely looks like to tenant screening systems, and discuss realistic legal steps to protect or improve your housing options in West Texas.
Call (432) 237-3530 to talk with us about your record, your case, and your housing future.