Legal Question in Criminal Law in Texas

hi my problem is that i just filed to get a federal firearms licence the A.T.F. did a background check thrue the fbi on me and the results were they found an assult charge on me in victoria county tx back on 05/27/1983 well here is the problem i never been to victoria tx ever so i called to victoria county and had them to run a a misdemeanor search on me and the results were they did not have any record of me with in there system i paid them to mail me a copy showing that i never had any record in victoria texas them i called to the county court and had them to run a felony search on me and they had no record on me at all and i requested a copy of that search so i dont know what to do to get the FBI to get that of my record thanks


Asked on 9/23/11, 5:25 pm

2 Answers from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

I would go back to the licensing place, show them them the letter that you have from Victoria, and ask them if they can recheck. It is possible they made a mistake.

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Answered on 9/23/11, 5:31 pm
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

I'm sorry you're having to deal with this--I know you must be frustrated. For what it's worth, I used to be the lucky person designated to sort this type of thing out at the DA's office where I used to work. There are a number of different possibilities as to what happened. One that I've seen happen a number of times is that when this assault was reported, the offender was either long gone, or didn't have a driver's license on him when he got arrested. The victim gave enough information that the officer thought they could identify the perpetrator, who may have had a name and date of birth identical or very similar to yours. They entered in that information to the state driver's license database, and out popped your name, so they put a warrant out on you, and possibly filed a case under your name. At some point, though, they someone realized they had the wrong guy and tried to fix it. Unfortunately, when they do that, they very often don't get it fixed everywhere, so some records would remain under your name, but without the matching records that would go with them. For example, the court clerk's office may have fixed the identification info in their records 20 years ago, leaving no trace of your name, BUT the arresting agency, the Sheriff's Office, and DPS may still have their records showing your name. You may also have had someone else (often a brother, cousin, roomate, etc. lie and give your name when they were arrested, and then the same thing happened--the mistake was eventually corrected, but not all the way around.

Either way, I'd start by getting ATF to tell you the arresting agency, and try to talk to them. As long as it wasn't an unexecuted warrant situation, you may be able to just submit your fingerprints for comparision to those on file from the arrest, and get it straightened out that way. Good luck.

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Answered on 9/23/11, 11:20 pm


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