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Expunction Questions

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November 23, 2011


ramst00
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Hi,

My background is that I was arrested in 2010 for shoplifting (Class B > $50 <$100) in Collin County and was luck enough the get into a pretrial diversion program which I just completed.  The motion to dismiss has been filled by the DA and I'm waiting for the judge to sign off.  I have no prior felonies.  I have a few questions about expungement:

1)  I can file for expunction right after the dismissal since the charges did not result in a conviction, right?

2)  I understand that the FBI gets a copy of the arrest record and fingerprints.  What do they divulge if an expunction is granted by the State of Texas and to whom? Would a federal agency find out if I were to apply for employment?

3)  Would I have to send the FBI my expunction order as well?

4) I know I need to send the order of expunction to the arresting police department, Texas DPS, and private background check companies.  Should I send the order to the store and community supervision office also?

I'm sure I will have more questions when my memory gets jogged.  Thank you.

Robin

December 7, 2011


Mathew Higbee, Esq
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1.  Yes, you should as the case will be dismissed with prejudice.

2.  Texas will send an expunction order to the FBI.  The FBI will honor the request and remove the record from your federal rap sheet.

3.  The court will do that if you put the FBI on your expunction order.

4.  You should send it to anyone who has records described in the order… probably not the store.

You may wish to consider this service once you get the record expunged:  http://www.recordgone.com/expedited-criminal-database-update.htm

Founding Attorney – RecordGone.com
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