Legal Question in Criminal Law in Texas

My wife was charged with public intoxication after having a few drinks and leaving a Chili's restaurant, but received a citation only and was not arrested. We hired an attorney and she received deferred adjudication probation and successfully met the requirements of such cause and it was dismissed by the County Court At Law on June 4, 2004. Her occupation is a LVN. Of course this still shows up on her background checks and she has been denied employment on two occasions thus far. Our question is, "can this offense be expunged from her records?" If not, and she pursues a petition of non-disclosure and that is granted, would an entity such as a nursing home be allowed to gain access to the information? It is our understanding that Government, public school and public hospital entities do have access even with a non-disclosure order. We simply can't see spending the money on a non-disclosure, if it will not benefit us in this matter. Thank you


Asked on 9/02/09, 7:23 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The Board of Nurse Examiners, The Texas State Board of Medical Examiners, The Department of State Health Services, a local mental health service, a local mental retardation authority, or community center porviding services to persons with mental illness or retardation, a public or noprofit hospital or hospital district, the Texas Health and Human Services Commission will have access to criminal history information under an order of nondisclosure.

Since she received deferred adjudication, she is not eligible for expunction unless she receives a pardon for the offense from the state board of pardons and paroles. Once she receives a pardon, then she can file a petition to have the charge expunged from her records.

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Answered on 9/09/09, 2:26 pm


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