Legal Question in Criminal Law in Texas

In my question, someone was charged with Criminal Mischief in a county in Texas in 1983, and since that time that county no longer has record of that event. If a full FBI background check is made, there is a notation of something happening in that county, but when that county is questioned about the event the county never responds or gives detail.

Can this be contested somehow, and the event from 1983 be removed from FBI record?


Asked on 1/18/11, 1:13 pm

1 Answer from Attorneys
Mark Di Carlo Mark A. Di Carlo

Interesting. If you file for an expungement in state court it should be granted. Then if it is granted you would send the court order of expungement to various agencies such as DPS and the county and the FBI.

After it is sent to the FBI I guess then you could check and see if the FBI has expunged it or it is still listed.

The question is, that if it still is showing on FBI records what legal rights do you have against the FBI? Very few I would think.

So I would at least go through the expunction stage and see if the FBI does expunge it. If they do not then you may go to your attorney and he may be able to do some specific research regarding an action against the FBI.

My answer is based upon my general knowledge and the answer was not researched. I would recommend always obtaining a second opinion.

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Answered on 1/23/11, 5:03 pm


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