Criminal Records, Expungement Expungement Possible? Effects working with Children? Felony Agg Ass Dismissed Case

[MsJLove]

Greetings:

I was arrested & charged with a felony (Agg. Assault w/ DW) indicted by Texas Grand Jury. I was not convicted, case was dismissed by judge with prejudice (had to attend anger management class). It has been 3 years since.

Is expungement possible? Can you direct me toward the process/paperwork needed? Am I able to file paperwork myself? Is there a short synopsis of process and procedure?

Also, background - I have served on City Boards, School District Boards, Local School Boards and PTA Boards. Since this occurrence, I have not had an issue with the dismissed case on my records, until this week. Can you give me some information on how this dismissed/non-conviction affects my work with children/school districts?

Any assistance provided would be great. Thank you in advance.

Ms.J.Love

 

[army judge]

Re: Expungement Possible?

You weren't convicted of anything.

According to your account of events, the charge was dismissed.

You have no conviction.

You do not need anything expunged.

The arrest is not necessary to report.

In fact, it isn't legal to ask about arrests.

You are, in the eyes of the law, innocent.

 

[MsJLove]

I was told this and again, I haven't had any issues for the past three years. However, during a routine background check of Board members, I was advised this morning that this charge appeared (as I understand it is still on my record), and although it shows as dismissed, I still need to get it removed/expunged from my record.

Maybe this is a preference of the organization...

I did come across an issue about a year and a half ago, where an organization would not accept my membership because of this being on my record, but once I advised them of the dynamics of the case and the fact that the case was dismissed they apologized and stated precisely what you have.

Any other words of advise or possible reasons? How can I eradicate the arrest/charge from my record altogether as to not cause future questioning/confusion? Do you advise this?

Thanks again for your time and attention.

 

[army judge]

I was told this and again, I haven't had any issues for the past three years. However, during a routine background check of Board members, I was advised this morning that this charge appeared (as I understand it is still on my record), and although it shows as dismissed, I still need to get it removed/expunged from my record.

Maybe this is a preference of the organization...

I did come across an issue about a year and a half ago, where an organization would not accept my membership because of this being on my record, but once I advised them of the dynamics of the case and the fact that the case was dismissed they apologized and stated precisely what you have.

Any other words of advise or possible reasons? How can I eradicate the arrest/charge from my record altogether as to not cause future questioning/confusion? Do you advise this?

Thanks again for your time and attention.

Here are some things you could try under Texas law.

The Texas expunction procedure (Code of Criminal Procedure chapter 55) allows you to expunge an arrest that did not lead to a conviction or community supervision. You can also expunge class C misdemeanors that resulted in community supervision (deferred adjudication). If you were convicted, you may be eligible to have your conviction set aside. The release, dissemination or use of expunged records by any agency is prohibited "for any purpose." Section 55.03 specifies that unless being questioned under oath in court, you may deny the occurrence of the arrest and expunction order for all purposes— including when applying for government and law enforcement jobs. This means the entir ething can be erased, even the arrest! Art. 55.01


Here is a link to a site where you determine if your situation meets the requirements for expunction.
I'm sure it does, but it doesn't hurt to check.
Most lawyers will charge about $1,500 to $2,500 to do this for you.,
The entire process takes about a month or less!

Good luck!


http://www.recordgone.com/statutes/texas_expungement_TCCP_chapter_25.htm