Texas Expungements Legal Questions

That's true. If you plead guilty, you will be stuck with the conviction on your permanent criminal record. However, you may have certain post-judgment remedies available to you. It just depends on the circumstances of the case. What were you charged with? In what court did you enter the plea? Why did you enter the plea that you entered? ... Read More

Yes, this conviction will appear on background checks. You must wait 5 years before you can petition the court to have it expunged off of your record. Each employer will handle the conviction differently. Some employers may choose not to hire you based on the conviction, others may still give you a chance. You should be prepared in interviews to address this issue and explain it in a positive way. i.e.... Read More

Unfortunately, you cannot have it expunged or sealed, if you took a conviction for the misdemeanor and did 30 days County time on that. However, you can certainly say on job appplications that you are not a felon. If the case was dropped to a misdemeanor, and you did jail time for that, then you have a  misdemeanor conviction, but no felony. Given what you posted here, you are not a felon.... Read More

You need to be very careful with that case. Shoplifting is basically a theft. Class B means that the value of the goods alleged stolen was over $50. In Texas, theft is considered a "crime of moral turpitude." Basically, it's a crime category that is used to say a person is a "bad person." In my opinion, there are not many things more undesireable to have on your record. The "community service...class...and charges dropped," you mentioned, sounds like a probation. But, beware, there is more than one kind of probation. There is one potential resolution of your case that could allow you to have it expunged, down the road. There is another potential resolution of your case that could allow you to have it sealed, down the road. And there is yet another potential resolution of your case that will foreclose both options.  With or without a conviction you'd be able to apply for a medical license. That's not really the question. The question is whether a potential conviction could prevent you from receiving your license from the medical board. I don't know that even a theft conviction would be an absolute bar to your getting licensed to practice medicine. Usually, (at least with lawyers) there is a review process, at which you can make a case for why you deserve to be licensed, even with the conviction. Of course, the better option is to not have to deal with that at all. So, you need to be sure that whatever path to resolution you choose, gives you the ability to have it expunged, down the road.... Read More

There are some restrictions to expunction and non-disclosure. If you have successfully completed deferred adjudication or probation successfully, you may be able to have your record expunged. If you aren't eligible for expunction, you may be able to obtain a non-disclosure, which will keep your criminal history off of a background check. You can't have any other convictions on your record, and the judge can actually deny your request for non-disclosure. ... Read More

Unless this was a theft case for less than $50 (a Class C Theft) then this is not a case that could have been expunged. To be eligible for an expunction the charge against a person must result in a dismissal (without any terms and conditions of probation being ordered under section 42.12), or an acquittal. There are other qualifying cases, but those are the most common. If you were on deferred, you are likely eligible only to have the records sealed via a Petition for Non-Disclosure. If it was a Class C Theft, and the charges against you were deferred after the probationary period, and the expunction process has run its course, then yes, you should be able to apply for a job as a police officer. If it was any other type of probation (Class B or up; discharged via a 42.12 probation) you can still apply. It is just likely they will be able to see the offense and disposition. In that case you will simply need to disclose the offense to the place where you intend to apply.... Read More

In Texas you must complete at least 1/3 of the probation period before asking for an early termination of probation. Some jurisdictions will not consider it until 1/2 of the probation is complete. You should speak to the defense attorney that helped you out on the original charge. He should have a better idea of the likelihood of early termination.... Read More

Yes, you were charged, technically, but never convicted. An expunction would be a great way to clear your record, wherein you could later claim that you were not even charged!  This is the main reason a pre-trial diversion program is advantageous. You should be able to join the Navy as an officer, regardless, based on my limited understanding and experience in that specifically, but any recruiter could answer that question.... Read More

Filing an expunction to clear a criminal record is actual a civil lawsuit.  It is filed in the District Court typically and costs around $250 just to file.  Provided the case warrants an expunction, there is generally not even a real "contested" hearing, meaning the State generally does not oppose the petition/motion/lawsuit.  However, it is rare to actually get an expunction.  The only cases that fall in this category are Governor pardons or cases that got dismissed BEFORE going to court, meaning you can't have plead to it or done some sort of deferred probation.  The exception, of course, is an acquittal, AFTER winning the trial.  Usually, people are looking for a "nondisclosure," to get their dismissed alleged crime out of the public eye and off of the internet, e.g.  This is handled by filing a similar lawsuit and arguing why the public should not be privy to the information and is generally only valid if the case was eventually dismissed, not just because someone wants it "off" their record.  The main exception is any case where there was a finding of family violence - these cases can't be non-disclosed.  Expunctions make it possible for someone to literally say that they have never even been arrested for the crime.  Let me know if you need more information.... Read More

To answer your question, an attorney will need the judgment from the court that the offense occurred in to be certain they understand exactly what you pleaded to.  After they have seen it, they can determine if you might be eligibile for a non-disclosure, but probably not an expunction based on the way you have asked the question. Patrick Short... Read More

New Hampshire law does not recognize common law marriage while the parties are alive. When one of the parties dies, there is the possibility that the survivor could be considered the surviving spouse and the rights under the laws of New Hampshire. However, RSA 457:39 provides that for a partner to be considered married in common law the survivor must prove: 1. The parties cohabitated for 3 or more years preceding the death of one of the partners; 2. The community presumed the parries were married; 3. The parties acknowledged each other as being married. That may sound easy but just living together is not enough. You need to provide physical evidence of acting as married with joint accounts, credit cards, perhaps owning a house as joint tenants. You will need testimony from friends and relatives that knew you very well that they considered you married.... Read More