Legal Question in Criminal Law in Texas
non disclosure and expunction
i requested a copy of my criminal background. i expected to see a conviction in 1976 of felony 3rd degree..i received probation after pleading guilty.upon completion charges were dismissed and all rights restored per the judge..do i qualify for a nondisclosure..also listed in the background check was another case that was unfamiliar to me. it was filed also in 1976...same court..same felony 3rd.same as the above mentioned. however it had a different cause no. i was totally unaware of this particular case being a part of my record. this case showed dismissed. could it be that the court clerk made a duplication mistake. Unlike the first case, this case i had no knowlege,never arrested and never been to court and perhaps it was an error and that is why it was dismissed. do i have to to pay for a clerks mistake and get this case expunged from my record or is this expungeable.
1 Answer from Attorneys
Re: non disclosure and expunction
Based on what you have written and without the Court's files, it would be difficult to provide you with any suggestions. Generally, expunctions are allowed only in specific circumstances pursuant to Chapter 55 of Texas Code of Criminal Procedure and non-disclosures may be available. Non-disclosures are available to most criminal cases with some exceptions provided for by the Texas Government Code. If the Court made a mistake and entered a double entry, then you may be able to get it taken care of by way of expunction or non-disclosure. Dependent upon the basis for the judge to dismiss the other case, may allow you to qualify for expunction. If my local criminal defense law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.
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