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  1. #1

    Default Expunged Criminal Record Still Showing Up

    My question involves criminal records for the state of: TX

    I've had my criminal record expunged but some private entities and TXDPS is still showing one or more charges, all of which should of been destroyed. I know I can sue them to clear it, but can I sue them for lost revenue, lost jobs and mental duress for not following the court order or simply defamation as the records are no longer valid? If they can report on charges on someones background, they have a responsibility for them to be accurate.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Expunged Criminal Record Still Showing Up

    You can sue for whatever you want, but you won't be awarded any damages for those claims.

  3. #3

    Default Re: Expunged Criminal Record Still Showing Up

    Interesting. Just to make sure I understand. I can say what I will about anyone via webpage but not be held accountable if it has a negative impact on the person I'm saying it about? I am not arguing with you and do believe you. If they can do this regarding me, what is to stop me about doing this regarding someone else, being business or personal? If all they can do is have it taken down if a judge orders it, with no financial ramfication, then simply loading a defamatory page about someone in a highly visible spot seems to be a good way of inflicting harm on someone without being held accountable for it, or what is being posted. Or is there is a difference between me being an individual vs a company as to what I'm liable for posting about someone?

  4. #4

    Default Re: Expunged Criminal Record Still Showing Up

    Quote Quoting leisureoflife
    View Post
    Interesting. Just to make sure I understand. I can say what I will about anyone via webpage but not be held accountable if it has a negative impact on the person I'm saying it about?
    Generally, not it it's TRUE, no. If you're talking about an official custodian of a record that has been expunged continuing to display that information, that's one thing. If you're talking about a private individual, or a third party showing information that is already in the public domain, generally not. (For example, you can't unpublish a newspaper that carried a story or even just a blurb or notation that you were arrested for XYZ - nor against anyone who reprints that record). As Mr. K noted, you can sue for an order to remove info, particularly DPS and third party agencies that provide such information for sale or subscription, but if that information was EVER public information, such as BEFORE the expungement, you're not going to see an award for damages.
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  5. #5

    Default Re: Expunged Criminal Record Still Showing Up

    That makes perfect sense. Thank you for that. Thanks for the info. guys.

  6. #6
    Join Date
    Mar 2008
    Posts
    14

    Default Re: Expunged Criminal Record Still Showing Up

    How long ago did you get your record expunged? And how long after did you do a background check on yourself?

  7. #7
    Join Date
    Nov 2007
    Posts
    1,296

    Default Re: Expunged Criminal Record Still Showing Up

    Regardless stuff can always pop up,was it expunged or did you get an order of non disclosure . An expungeged conviction or charges has less of a chance to pop up,only a dismissed or a class c misdemeanor can be expunged.

  8. #8
    Join Date
    Feb 2011
    Posts
    8

    Default Re: Expunged Criminal Record Still Showing Up

    hi there leisureoflife,

    I too was awarded an expunction in Texas January 13, 2011 and as of today the record is still visible with the online country website. I was told by TXDPS they have until February 13 to act on the order and I should check back with them in May 2011 for the status of my order. I posted a separate thread in regards to my expunction and the effective date to remove my arrest record online with the county in which I reside and the arrest took place. I paid my attorney an additional $250.00 fee to get my records expeditiously removed in over 400 databases (private sector or 3rd party). My concern is the county website because I have extensively read how background checks are conducted and almost all of them go to the counties in which you have resided and check online records. How long did it take for your arrest record not to show up on the county arrest records website? or is it still showing up? This is discouraging because I have lost many great employment opportunties due to this arrest record and from what I am reading my granted expunction order doesnt mean anything.

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