Legal Question in Criminal Law in Texas

I bounced a check in Montgomery County in 1997. I had moved out of state suddenly and didn't know I had a bounced check. When I moved back to TX a few years later and tried to cash a check at Kroger, I found out that I had the bad check. I found out that it was sent to the county clerk and went to the clerks office and paid it. I signed a paper saying that I was guilty of a bounced check, but I didn't know that it was a misdemeanor called "theft by check", I also wasn't informed that I had any other options other than to go to court and plead not guilty. I didn't think of that as an option because I was guilty of having insufficient funds in my account, even though it wasn't intentional. So now, 13 years later, I am having difficulty in nursing school because of this charge. The hospital where I am to do my clinical is having a problem letting me into the clinical because I have a misdemeanor on my record. Is there any way that I could have this charge expunged, dismissed, sealed or anything to have it kept off my background check?


Asked on 6/08/10, 9:57 am

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

If you have a straight conviction, which is what it sounds like you have, you cannot expunge or seal the record. Your only chance would be to seek a pardon from the governor.

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Answered on 6/08/10, 2:12 pm


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