Getting a Misdemeanor Off My Record

[tyrant]

well maybe not off my record, but i don't want employers to see it. i'm a good guy. im 22 years old and 5 years ago i was arrested for a class b misdemeanor. theft over $50. it's kicking my a$$. i can't land a high paying job eventhough i have the experience. what should i do? any help will be appreciated. thank you!!

[aaron]

Under Texas law it appears that you would have to obtain a pardon, in relation to the misdemeanor, and then petition for expunction of your record.

Right to Expunction

(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

(1) the person is tried for the offense for which the person was arrested and is:

(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

(B) convicted and subsequently pardoned; or

(2) each of the following conditions exist:

(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

(ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

(1) tried for the offense for which the person was arrested;

(2) convicted of the offense; and

(3) acquitted by the court of criminal appeals.

(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

(d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

(1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and

(2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.

If you received a dismissal instead of a conviction upon completion of your sentence (e.g., a deferred probation), you may be able to petition for an Order of Non-Disclosure which would seal your record; however, from your description it sounds like a conviction was entered.

[vmcmurry]

If you received deferred adjudication, you should be able to seal your record through an Order of Non-Disclosure. If you are unsure whether you received a conviction or deferred adjudication, contact the court clerk where you were sentenced and ask them for the disposition or your case. You should be able to look up the clerk on the web. If you have problems finding out, let me know. If you did receive a deferred adjudication, feel free to contact me at vance@mcmurrymcmurry.com or 972-770-3188 and I can probably assist you or answer any other questions you may have. If it was an actual conviction, then you will need to seek a pardon through the Texas Board of Pardons and Paroles (see their website for information how to do this).

Vance