Legal Question in Criminal Law in Texas

i was convicted of arson in 2002 and on 09/07/2012 i went back to court and the judge dismissed the charges but the texas dept. of public saftey is still reporting my conviction and when the judge signed the order it stated that the indictment and all preceddings were to be removed from the record and i contacted the district clerke and she said that they already sent them the new order and thats all they can do...my question is there anything i can do about it?


Asked on 11/30/12, 3:43 pm

1 Answer from Attorneys

Robert Keates Law Office of Robert Keates

It depends what type of dismissal the Judge signed, but from your question it appears you may need to file for either a Pardon or Motion for Non Disclosure.

You mentioned a conviction in 2002. If there was a conviction, then you're not eligible for an Expunction unless the Governor grants a Pardon. More on Pardons at: www.keateslaw.com.

If you had Deferred Adjudication, and you successfully completed probation, and the Judge signed the Order of Dismissal, then you'll need to Petition the same court for a Motion for Non Disclosure, which effectively will seal the arrest/conviction, and subsequent dismissal from the general public, including what DPS will disclose.

If the paperwork the Judge signed in 2012 was the Order for Non Disclosure, then you'll need to get a certified copy of that document from the Clerk and mail it certified/rr to DPS, since it sounds like they might not have received it. Also, keep in mind that the MND is not immediate, and there may be some delay between the Judge signing and DPS actually complying. You're starting point may be to call DPS to see if they're aware of the MND, if that's what you had signed in 2012.

Hope that helps.

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Answered on 2/14/13, 10:38 am


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