Legal Question in Criminal Law in Texas
Blackballed from a functioning society
My brother was indicted on Capital Murder charges for an offense that allegedly took place 12/18/01. We have yet to go to trial, which has been postponed and rescheduled many times. The current trial date is Spring 2004. My question is ''Is it legal or admissable to have a pending Capital Murder charge on his criminal record although he hasn't been tried and/or found guilty?'' I wanted to know was it any way to have this 'blemish' deferred or deleted from his record so that he may get a job, at least until the trial is concluded? It has been very hard to obtain empl. w/that on his record. Thank You.
1 Answer from Attorneys
Re: Blackballed from a functioning society
An indictment (unless sealed, generally by a federal court to keep the accused from knowing they have been charged with a crime) is a public record. It is not a record that he has been found guilty of anything and is not evidence of guilt. However even suspicion of capital murder would prevent any rational employer from accepting that person over another potential employee.
Sorry.
http://www.reasonable-doubt.com
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