Criminal Records, Expungement "Expunged" record not really expunged

[lilmunchkin]

I have a friend in TX who was conviced as a sex offender when he was 16 or 17. It was supposed to be expunged off of his record as of 6 months ago, but still shows up online. What can he do legally to get the state to remove it as it was supposed to be? Can he sue the state for not removing it?

 

[jharris352]

Who said it was suppose to be expunged? Was it a court order? If so, send a copy of the court order to the custodian of the record that you want expunged and he should do it.

 

[army judge]

I have a friend in TX who was conviced as a sex offender when he was 16 or 17. It was supposed to be expunged off of his record as of 6 months ago, but still shows up online. What can he do legally to get the state to remove it as it was supposed to be? Can he sue the state for not removing it?

Expungement in Texas is not automatic.

You have to seek it by motion and pleading to the court.

You should not, however, see a juvenile record.

Juveniles are not convicted in Texas, they are adjudicated.

So, was this person convicted and tried as an adult when they were 16?




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[lilmunchkin]

Yes, he was charged as an adult at 16. He went through the process to get it expunged - went to court, paid all kinds of fees, etc. The outcome of that was it would be expunged from his record, but going by the database online, it doesn't appear that it has been done 6 months after the court said it would be done by.

 

[army judge]

Yes, he was charged as an adult at 16. He went through the process to get it expunged - went to court, paid all kinds of fees, etc. The outcome of that was it would be expunged from his record, but going by the database online, it doesn't appear that it has been done 6 months after the court said it would be done by.

Some sex related crimes are not subject to expungement.


He should contact the lawyer that he paid to get his record expunged.

Perhaps, there was a problem getting it done?

It isn't necessarily a slam dunk.