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State Listings > Texas
Expungements
EXPUNGEMENT OF CRIMINAL ARREST
RECORDS
Contact this attorney
for information regarding the expunction, expungement, or sealing of
your criminal arrest history record for arrests that occurred in Texas.
G
THE LAW OFFICE OF
KIMBERLY GRIFFIN
TUCKER
(972)
4 9 2 - A T T Y (2889)
www.kgtlaw.com
kgt@kgtlaw.com
(attorney)
grace@kgtlaw.com
(legal assistant)
"A law is valuable not because it is law,
but because there is
right in it."
Many people have the misconception that if they are
found “not guilty” or their case is dismissed, the records no longer exist.
Unfortunately, that is NOT TRUE.
Records relating to an arrest or even a criminal charge are
created at the time of arrest and forwarded to the Texas Department of Public
Safety who maintain a database called "TCIC." There is also a national
database, "NCIC." In addition to TCIC and NCIC, many county and district clerks
offices maintain local computerized databases which contain records of arrests
and case dispositions. Because of the Texas Open Records Act, arrest records can
be obtained by the public for private use, such as an employment background
investigation.
That means that future employers can discover prior criminal
conduct by simply searching for your name at the court house or municipal court
or via new businesses like Publicdata.com. Many employers use these businesses
to investigate potential employees. Obviously, you do not want future or
current employers to find out about any past legal problems if possible.
The effect of an expunction is far reaching because the entire
criminal record, including finger prints, booking-photo, arrest report, and DPS
records, can be erased....as if the arrest
never occurred!!!!!!
A person who has been arrested for a criminal matter is
entitled to have all records and files relating to the arrest expunged if:
- an indictment charging him with the a felony has not been
presented against him for the crime for which he was arrested, or
- an indictment was presented and it has been dismissed
because of an absence of probable cause at the time of the dismissal to
believe the person committed the offense, or
- the person arrested has been released, the charge has not
resulted in a final conviction and is no longer pending, and there was no
court ordered supervision, and
- the person arrested has not been convicted of a felony in
the five years preceding the date of the arrest.
Although deferred probations cannot usually be expunged,
deferred class C offenses out of a justice of the peace or municipal court can
be.
Following entry of an expunction order, the release,
dissemination, or use of the expunged records and files for any purpose is
prohibited. That means you may deny the occurrence of the arrest and existence
of the expunction order. However, if you are ever questioned under oath in a
criminal proceeding about an arrest for which the records have been expunged,
you are only required to say that the matter in question has been expunged.
If you think your criminal history contains past allegations
that are suitable for expunction, call me. I will be happy to evaluate your case
for an extremely nominal fee and advise you as to your ability to seek and
obtain an expunction.
Additional Attorneys
Jamie Spencer
Attorney at Law
1307 Nueces
Austin, TX, 78701
(512) 472 - 9909 Additional
Information regarding Expungements and Criminal Records in Texas:
Texas Crime Records Service
Texas is a big state. There is space available for an attorney that practices
in certain areas of Texas. Click on the "Advertise" button above for more
information.
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