Getting Class C Misdemeanors expunged

[Luvgcz]

Is it possible to get two Class C misdemeanors that occured 10-20 years ago expunged? Is it a complex matter to do this? Can it be handled without an attorney? These happened in Tarrant County, Tx.

Thanks for the help

[Gotyour6]

A Class C misdemeanor can be expunged if you received deferred adjudication. Here is a law article that talks about eligibility for expungement in Texas:

http://www.dallasexpungementlawyer.co m/a…

But if you did not receive deferred adjudication, I believe you can still petition for non-disclosure. Here is another article on that process:

http://www.dallasexpungementlawyer.co m/a…

Not as good as expungement, but an alternative.

[dickus]

in most states, you will still have to answer employment applications and official questionnaires correctly, but in most states a conviction, particularly of a misdemeanor, is inadmissible in court to impeach your credibility after 10 years.

[NotUrOlLady]

Misdemeanors can be expungaed after 2 years, felonies 5 years.

[TownCryer]

The links posted do no longer exist there. I am interested in the topic for two other states, but realize the process is somewhat the same

[guest043013-2]

Google is a useful tool:

http://www.txdps.state.tx.us/adminis...oryrecords.htm

http://www.kennedyattorneys.com/expu...lLawyers.shtml

[Hiker78]

Your arrest record will show up it dent matter if it's expunged or not guilty or not it will always show up. Your criminal record is one thing but apartment companies and some employers check to see what you have been arrested for, not found guilty of there is a difference. someone else might be able to explain it better and I hope they do but I have pulled many people's records doing background checks I always pull arrest records and everyone one else I know does also. Quite a few people change their birthday by a day or two and get around the system. So if some is not verifying correct birthday on drivers license versus an application people with arrest records will slip through the cracks.

[jframe2]

Hiker78- said it pretty well.

An expungment only removes the conviction, not the fact of an arrest. The eligibility for an expungment varies from state to state and from local County District Attorney's as well.

Originally Posted by Hiker78

Your arrest record will show up it dent matter if it's expunged or not guilty or not it will always show up. Your criminal record is one thing but apartment companies and some employers check to see what you have been arrested for, not found guilty of there is a difference. someone else might be able to explain it better and I hope they do but I have pulled many people's records doing background checks I always pull arrest records and everyone one else I know does also. Quite a few people change their birthday by a day or two and get around the system. So if some is not verifying correct birthday on drivers license versus an application people with arrest records will slip through the cracks.

[latinbreeze]

A conviction cannot be expunged. Class C misdemeanors are slightly different and could be expunged if probation is granted - I don't want to look up the details about it. Only a case that does not result in a final conviction, is dismissed, or pardoned can possibly be expunged in Texas. Expunction eligibility varies between states. In Texas, an expunction done properly removes all reference to the arrest and case (yes, including the arrest). Anyone who has information that has been ordered expunged can be notified with a copy of the order of expunction. If they refuse to expunge it, they can be held accountable for keeping it.

Deferred adjudications can be "non-disclosed" in Texas. Non-disclosure only orders that the arrest and case be placed in a "non-public" view area. Courts, police and certain other government agencies will be able to see the arrest and deferred probation. But, most common people or business will not find it.

[jframe2]

As it appears there a lot of variations in answering the OP question, contact the Prosecutor's office where the conviction was obtained and ask how to get a conviction expunged for that jurisdiction.

[Guest062114-5]

Rather than calling the prosecutor's office (who has no interest in people getting records expunged), I suggest calling a criminal lawyer in your area. They will usually tell you if you are eligible and can complete the process for a couple hundred dollars over court costs.

Whether you are eligible will vary greatly between jurisdictions and depending on circumstances. Leave it to a professional. An additional piece of (unsolicited advice)...when in doubt, disclose even if you get an expungement. Most employers or entities will not hold a distant Class C misdemeanor against you if you are honest. But expungement is not at all foolproof and non disclosure can disqualify you.

Good luck!

[Guest062114-5]

Oh, and in my opinion...latinbreeze's response is an accurate representation of the process in Texas.

I still suggest letting an attorney in Tarrant County handle this.

[jframe2]

Generally, a Prosecutor's office has a legal responsibility to process all requests for expungement if the requester meets the requirements as outlined by State Statute.

However, keep in mind, that the Prosecutor's office does not have to recommend the request be approved by a Judge.

It is the OP's time and money, and I believe they can make their next move from the advice given on this thread. Good luck to them.

Originally Posted by LilMynx69

Rather than calling the prosecutor's office (who has no interest in people getting records expunged), I suggest calling a criminal lawyer in your area. They will usually tell you if you are eligible and can complete the process for a couple hundred dollars over court costs.

Whether you are eligible will vary greatly between jurisdictions and depending on circumstances. Leave it to a professional. An additional piece of (unsolicited advice)...when in doubt, disclose even if you get an expungement. Most employers or entities will not hold a distant Class C misdemeanor against you if you are honest. But expungement is not at all foolproof and non disclosure can disqualify you.

Good luck!

[skirtchaser79411]

it all depends where it was.i had 4 felony's that i did my probation time for and had it expungded for a fee of 125.00 in il

[2handman]

Just to expound on latinbreeze... either the case is dismissed with prejudice (the state is closing case forever and not just b/c they don't have evidence at this time and try to recharge you) or you receive an acquittal (beat the case in trial) or receive a pardon then you can petition the court for an expungement. As stated earlier, deferred adjudications, which is not a final conviction, can receive a non-disclosure.

I also agree that you should let an attorney handle this because there a certain protocols that have to be followed like giving notice to the right parties (i.e., arresting agency, sherriff's office, clerk, etc.) In order for your expunction to be fully executed.