Legal Question in Criminal Law in Texas
I was accused of forging a 40.00 check in OCT 06. I never even saw the check and when I asked for a copy it had nothing of mine on it. No dl#, no signature. I told my atty
I had nothing to do with this I dont know this person. So he talked to the Judge and came back to me and said if you pay the 40.00 it will be dropped. And I have a motion to dismiss. However my record shows I had a FELONY. So I can't get a job for the State or a lot of places because of it. Can I get this expunged?
2 Answers from Attorneys
Talk to a local attorney re getting an order of non-disclosure.
Actually, nondisclosures only apply when the defendant has completed deferred adjudication probation--not the case here. Since your case was dismissed outright, you should qualify for an expunction, though (which is by far better, since the records actually end up destroyed, not just sealed). Realistically, it usually takes three or four months for an expunction case to progress from the point of being filed to actually resulting in a clear background check, so it's not a quick fix, but it is the only way to resolve this.
If you'd like to explore that option, you're welcome to contact me. Usually, I can handle expunctions in any county, and I can at the least contact the prosecutor for you and find out if there are any potential problems with getting your case expunged now (under the circumstances you describe, I think they'll probably agree you should never have been charged, but there's a possibility they might be able to block it until the ten year statute of limitations has run).
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