Legal Question in Criminal Law in Texas

I was arrested at age 20 but no charges were ever filed. I am now 22 and filled out an application and said no to a felony/misdemeanor. But they were given a report that has something about my arrest and I now am required to fill out what happened, etc. I don't understand. If there weren't ever any charges filed then what is the correct legal answer for this on an application? Do I need to take legal action to have this expunged from my record?


Asked on 10/31/11, 7:04 pm

2 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

How to answer that would depend on the question: if the question is, "Have you ever been arrested...?", then you'd need to answer yes. If the question is, "Have you ever been convicted...?", then the answer would be no. As far as this job application goes, just explain what happened as well as you can. However, the arrest will continue to show up on your record forever unless you have it expunged, and unfortunately many employers don't really differentiate between an arrest and a conviction. Often, once they see an arrest, it's over.

Expunctions are a major focus of my practice, and you're welcome to contact me for more details about how they work if you're interested. Usually, no actual hearing is required, and once the expunction order has been granted and the agencies have complied with it, your background check should be clear and you won't have to deal with this again.

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Answered on 10/31/11, 7:49 pm


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