Legal Question in Criminal Law in Texas

Wrong charge on record keeps him from getting job

When my husband was 19, he'd left his rifle in the trunk of his car. (they'd been firing the day before) His school campus had some expensive equipment stolen, so were searching vehicles before they left the campus. They found the gun in his trunk and called the police.

I found out recently by checking his background, that the Grand Prairie police charged him instead with 'Aggravated Assault with a weapon'... it was plead down to a misdemeanor, but when an employee does the background check this is the first thing they see. This has kept him from getting several jobs. I understand there is a process to have this expunged from his record. Is there also anything we can do to sue the police dept, since he's been stuck in the same low paying job because employers see this on his background check, and don't call him back? Desperate to find out what we can do!

thanks,

Susan


Asked on 9/19/05, 12:31 pm

1 Answer from Attorneys

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Wrong charge on record keeps him from getting job

Hi there,

I understand your frustrations. However, the only thing you can do is have it expunged.

You cannot sue them for this because they are immune from being sued for this kind of thing.

Sorry.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

24 HOUR CRIMINAL DEFENSE

STATE WIDE TRAFFIC DEFENSE

903-593-9100

TylerJustice.com

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Answered on 9/19/05, 2:39 pm


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