Help expunging a three year old misdemeanor

[davidwang2006]

I made a stupid mistake almost 3 years ago -- forgot to take out a small kitchen chef knife from my carry-on luggage when trying to pass DFW airport security check. As a result they took the knife off, fined me $100 and let me go on the same flight the same day, without any arrest/prison.

I thought it’s done as fine $100 was already paid in full and they sent me a letter (I still keep the letter) that says the fine (I just get the bank statement showing that amount on my check) would close the case with a full resolution. But to my big surprise, when I am preparing to take another new job these days, the background check from my future company discloses that they actually filed a misdemeanor (I guess it’s A class as the case number starts as MA***) on me and not closed yet.

How can I close the case / expunge the misdemeanor? Since it’s almost 3 years ago, is it too late to do now? Does paying the fine mean I am already convicted, therefore it can only be expunged, or sealed, or neither?

[aaron]

You never went to court on the offense? Then you may have a bench warrant outstanding, with the charges to go forward when you are picked up on the warrant - that would be consistent with it showing as not yet being closed. Do you know if this was a state charge or federal charge?

[davidwang2006]

Unfortunately not -- I took the flight to work in another city and never got back to Dallas again. Once in the new city I phoned them and told them my new address, that's why I got letter from Transportation Security Administration in Coppell, TX that says admin will accept $100 fine, in full resolution of the enforcement action. Thereafter I never got any letters/phones/emails from Dallas.

You are right, based upon my background check, the case was first transferred to misdemeanor court, then there was a still active warrant, ...

Then what should I do now? Contact Transportation Security Administration in Coppell, TX which accepted my fine, or the court? Should I first close the warrant?

[aaron]

If it were me, I would contact a criminal defense lawyer in Texas to look into the status of the case, to figure out if the charge was supposed to be dismissed upon payment of the fine, and to try to figure out a way to resolve the charge with the least effect on my life.

[vmcmurry]

You will definitely need to hire a criminal defense attorney. Otherwise that warrant will appear on any background check. If you just pay a fine, you will likely receive a conviction. Your attorney may at least be able to get you a deffered adjudication which will allow you to seal it later or even get the charge dismissed. It may cost you a few bucks, but it will be worth it to not have this hanging over your head.