Legal Question in Criminal Law in Texas

I was arrested in July 2010 for a warrant issued in 2000 for TBC 20-500. I was arrested in 2003, paid all my restitution & fines associated with the warrant. I had to pay a bondsman to be released and when I went to court the charges were dismissed citing the warrant was a duplicate issued in 2005 and all fines in the original case had been satisfied. How can I have this arrest removed from my record as well as have the money I had to pay returned to me? Also is there any suit I can bring against the JP office responsible for issuing a duplicate warrant two years after I paid the original?


Asked on 12/29/10, 12:14 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

To remove the new case from your record, you would have to file an expunction. However, do not do this until you consult with a civil lawyer to see if it is possible to get your expenses recouped as well as get them to pay for the expunction process. You do not want to expunge until after the civil suit because you need the records to exist to support your claim and to show the additional damage you have and are suffering. (You filed this question under criminal law but you need to file under civil law. You need to act quickly as the statute of limitations is running and I do not know that it is.)

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Answered on 10/01/11, 7:05 pm


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