Misdemeanor Expungment and Non-Disclosure Help in Texas

[tartine]

Texas seems to be one of those states with the strictest expungement laws. I am looking for a lawyer in Houson, TX who can help me seal my record. If anybody has had a positive experience with an attorney in that area, please point me in the right direction.

When I was 19, I had a petty theft/shoplifting charge. It was a stupid, girlish thing to do. I got deferred adjudication, which at the time, believe it or not, the cop himself explained to me would be a dismissal, so I went for it. The decrepit attorney to whom I paid $200 was more than happy to just collect the money and be done with the adjudication, which I believe *I* explained to *him*. He looked like he hadn't had a case in decades. That was foolish of me. Fifteen years later, it still sits on my record although I have never been in any trouble outside of that and am a very accomplished professional adult now. The item was around $50 or something like that. I'm not sure what punishment, if any, that kind of offense woult net you these days. It has been a stubborn and unfortunate stain on an otherwise spotless record. That deferred adjudication really has been no better than having an outright conviction, which I feel is sad and unfair if you consider the context of my whole life, the pettiness of the crime, and my age at the time. I've never understood the point of deferred adjudication as a result. At least nowadays, you can apply for non-disclosure, and that's exactly what I want to do.

Thanks in advance.

[Mr. Knowitall]

This was a Class C Misdemeanor?

[tartine]

Hello and thank you for your reply.

I honestly do not remember what class misdemeanor it was. I'm sure it was petty theft, however. I know that to proceed I need to gather details of my case. Unfortunately, I'm not sure I kept any of the papers relating to my case. I was in college at the time, and those papers are probably in a dusty, dank pile in my parents' attic with the rest of my college day items. Is there a public on-line way for me to gather the details of my case in this electronic age?

Thank you again.

[aaron]

You can try using the Texas DPS criminal records search.

[tartine]

Thanks, Aaraon. I'm going to give the DPS search a try.

If anyone else can help with info or a positive experience with an attorney, I would appreciate that, too.

[seniorjudge]

Two questions:

How do you know this is still on your record?

and

What do you think an expungement will accomplish?



(One recommendation: You may need to pay a visit to the courthouse where your file is to get a copy. It may not be online.)

[tartine]

I guess I don't know that it's still on my record. I know when I checked a little over 10 years ago that it was, so I've always assumed that it still is and will be until I request that it be sealed. I guess I have some digging to do.

Respectfully, I really don't want to expound on what I believe it will accomplish, which I feel is beyond the scope of my post. I'd rather focus on how to go about getting it done, unless your reply or some information you have to offer is predicated upon knowing what specifically I want to accomplish.

Thanks for your reply, seniorjudge.

[aaron]

Once you share enough information to let us know if you are eligible for expungement versus non-disclosure, you may be able to get some more specific information. There are a number of threads which link to a package of forms which can be used as a model for a Texas expunction petition.

[42charles]

In my case It was a class B misdemeanor which is $50-$500, mine was deferred adjudicaton as well I hope that helps. I know that if you go to the court house in the county that you recieved the charge in and go to the misdemeanor records office and request a misdemeanor record of fact it will tell if it is still on your record.