Legal Question in Criminal Law in Texas

Situation:

I had a Class C Misdemeanor (Assault on Contact) in 1998. The Police Dept. destroyed their records in a switch over to a computerized system. I reported the incident on my Clearance application (2004) and have acknowledged it on job applications.

Questions:

1. Will my record show up in FBI checks? Employers have told me that they find nothing in my background.

2. Am I legally required to report Class C Misdemeanors in Texas?

3. Is it ethical/legal not to report an apparently unreported criminal record?

Thanks!


Asked on 1/05/11, 4:31 pm

1 Answer from Attorneys
Gary Thomas Gary Thomas Law Office, P.C.

Ultimately, whether or not a Class C record may or may not turn up on NCIC check depends upon the Court which handled the offense. Each Municipal Court has a computer database system in place for tracking cases. At the conclusion of the case, the Court is supposed to report the disposition of the case to DPS and DPS should be reporting the disposition to TCIC and NCIC. NCIC is the FBI's National Criminal Information Center.

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Answered on 1/11/11, 2:13 pm


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