Class B On Record With No Conviction

[armymomma81]

I am writing because I lived in Texas in 2003 and 2004. I had some problems with my ex-husband and our joint account, I had written checks and he took all the money out and they bounced. I had filed bankruptcy on everything bu the merchant still decided to press charges. My bankruptcy Chapter 7 was discharged. I just done a criminal background check to get my real estate license in North Carolina. I have had a speeding ticket since and changed states on my license. I have an open warrant and on my background it shows a Class B mis. pending trial. How can they put that on my record when I havent been convicted of anything nor was aware that I had a warrant for my arrest. They told me they dont want to arrest me they just want to get paid. But can they do that for something that was included in Bankruptcy and how do I get it expunged from my record so I can get my license when I wasnt convicted of anything.

[aaron]

You don't have to be aware of a warrant for a warrant to exist.

Bankruptcy does not absolve you of criminal offenses. If the prosecutor believes a crime was committed, the prosecutor can authorize charges.

Consider talking to a criminal defense lawyer in the county where the charge is pending.

[armymomma81]

I have tried no attorney will talk to me they say I need a Bankruptcy attorney. The warrant was issued after everything was put into bankruptcy. It shows trial pending. I no longer live in texas would I have to go to El Paso to take care of this? I have not been convicted of anything, can they still put it on my record? If I pay it off, and it shows dismissed can I get it expunged or will it stay on there. Thanks for your help.

[aaron]

You have a charge pending. A criminal defense lawyer will speak to you.

[armymomma81]

Thank you for your help.

[vmcmurry]

Try contacting another criminal defense lawyer - they should be able to help you as the issue in front of you is completely separate from the bankruptcy. Many will give you a free consult. Be careful of taking any deal that results in a conviction as this will stay on your record. At least try to get deferred adjudication which will allow you to seal it down the road. Don't believe any attorney or prosecutor that tells you it will drop off your record because it won't. You will have to get it sealed (for deferred adjudications) or expunged (if dismissed or acquitted).

[armymomma81]

Thank you for the info. If I live in another state now, should I talk to a lawyer in El Paso or the state I presently live in.

[aaron]

Talk to a lawyer where the charge is pending.