Expunging Multiple Misdemeanors in Texas
My question involves criminal law for the state of: Texas
Hello,
I have two MIPs that I need expunged. They were both dismissed after deferral, and qualify for expungement. In Texas under TABC, you can have one MIP expunged for a fee of $30 dollars if you did not have another alcohol related offense by the time you turned 21. I do not qualify for this because I got two. Therefore, I would need to expunge them with the help of an attorney. However, I was thinking what if I hired an attorney to expunge one, and when all record of that is gone go back and expunge the other under the TABC provision? I have read that the expungement process takes at most six months to complete, but once all record of it is clear how will they know that I ever got another MIP, and what repercussions would there be of them finding out if there was a record that maybe didn't get deleted? Please note that they are in separate counties so it would require separate filing fees if I did handle both with an attorney. That would be $300-500 depending on the county. That is why it would be more cost efficient to do the other one under TABC. Thanks.
Re: Epungement of Mips in Texas
It never completely disappears from the system. It only disappears from access to most organizations.
Re: Expunging Multiple Misdemeanors in Texas
You can talk to the lawyer you retain about whether your gambit would fool a prosecutor and court.
Re: Expunging Multiple Misdemeanors in Texas
I spoke with the attorney I plan to hire earlier today and he said that although maybe unethical, he doesn't see how another court would be able to view a record once it is expunged.
Disagreeable, where do you get that information? Are you sure you're not confusing an expungement with a non-disclosure? Upon a google search, I have come to find that the definition of expungement even changes with the state. Every attorney I have spoken with has said that with an expungement (Texas) they must destroy and inform all agencies that might know about it to destroy any record pertaining to the arrest and that even at the local level, they must white out both sides of any document containing information about the arrest. Please let me know if you know of something that I don't or just haven't been informed of.
Re: Expunging Multiple Misdemeanors in Texas
Only those agencies that obtain their records from the state are obligated to honor the state's expungement order. Anybody else can decline.