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Texas Alcoholic and Beverage Commission: Class B Misdemeanor to Be Challenged

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  • 02-25-2011, 09:58 AM
    bholabhala
    Texas Alcoholic and Beverage Commission: Class B Misdemeanor to Be Challenged
    My question involves criminal law for the state of: TEXAS

    Back in 2001, TABC gave me a ticket for selling alcohol to intoxicated person. They asked me to take some classes, since this was my first mistake. I didn't. What ended up happening is that a warrant was issued for my arrest, and i was bailed out, took classes and showed it to the state.

    Now, i have a Misdemeanor class B sitting on my record. I am wanting to take it completely off. Not by expunction, but by challenging the TABC in the court of law.

    FACT: I never sold the alcohol, i merely sacked it up. TABC does not have any videotaped proof of me doing this. I wanna see if i can take TABC back to the court and prove this to be wrong to begin with. This thing is haunting me big time and will sit on my record for the rest of ma life. I want this thing gone for good. I have done some research on expunction and pardons etc, but it seems like the record is just sealed and in other words, i agree to whatever happened. Being only 19 and not knowing the legal process, i was not able to defend myself (along with lack of money).

    Is there anything that can be done about this now? or am i completely out of options?
  • 02-25-2011, 10:50 AM
    free9man
    Re: Texas Alcoholic and Beverage Commission: Class B Misdemeanor to Be Challenged
    Nope. Far tooo long after the fact to be trying to appeal it. The time to challenge the citation was in 2001. Had you done the classes when first told, and not after you blew it off and got arrested, you might have been eligible under deferred adjudication for an order of non-disclosure but that was about all you could have hoped for.

    Obviously nothing has changed since your previous thread on this topic when you were told, in polite terms, that you are screwed. Apparently seeking to get the charge expunged, as you said in your final comment on that thread despite being told you aren't eligible, didn't work out for ya.

    It's should be a fairly minor issue for employers, as long as you own up to it and don't try the "I just bagged it" story, unless you are seeking work bartending, etc... If you are, you might as well seek new career options cause that one is pretty much closed to you. An employer would see you as a huge liability to them with such a charge.
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