Legal Question in Criminal Law in Texas

criminal background

I was convicted in march of 2001 for intent to distribute less than 200 grams of a controlled substance(cocaine), that was the only thing ever on my record. i recieved 10 imprisonment did 4 years in prison with no violations while incarserated and released on parole. I have been on parole for almost 3 years(since Dec.05).This is Texas law.(4) a record of arrest, indictment, or conviction of a crime in which the date of disposition,

release, or parole predates the consumer report by more than seven years; or

(5) another item or event that predates the consumer report by more than seven years. What does this mean in simple terms? Does it mean that employers are not suppose to look up after seven years? Would i fall under the sever years? I also looked up forms for clemency for full pardon and clemency for commutation of sentence. I have never been in trouble since the conviction. What should I do? I graduated from trade shcool for H.V.A.C. and can't find a job due to all this mess. Is there anything i can do? I'm gonna fill out the app. and get all aquired info. :certified court papers,arrest sheet etc... Thanks for your time, it is appreciated extreemly. P.S. sorry for any misspelled words.


Asked on 5/23/08, 2:33 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Re: criminal background

It seems that you think your problem is that your felony conviction is preventing you from getting a job because it shows up on criminal record checks.

You are going to need a lawyer to help you with this. To my knowledge, the only way to get a conviction removed from a criminal record is to have the record expunged. Only defendants who have been acquitted, pardoned, or whose charges have been dismissed are eligible for this procedure.

The short answer is you need to get a pardon and then file a petition to have your case expunged.

Good Luck

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Answered on 5/25/08, 12:20 pm


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