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  1. #1
    Join Date
    Feb 2011
    Posts
    8

    Default Records are Still Available Online After Expunction in Texas

    My question involves criminal records for the state of: Texas Denton County

    I was granted an expunction January 13,2011 for a 3rd degree Felony in Denton County Texas. As of today, February 7 the online record is still visible for all to see. I have a potential job offer and Background checks through hireright consist of searching county arrest records online direct with the counties of residence. I have been given conflicting information as to how long it takes for the removal of the online records to be erased/destroyed and no longer available for public viewing. I have been told 60 days from the date of the expunction order to 30 days from the date of the expunction order. Which number of days is correct? Secondly: My question below pertains more closely to employment laws in Texas regarding expunctions.

    It is an employers job market. If an applicant provided a signed expunction order pertaining to an arrest that was still visible on a background check can an employer (private sector employer) legally not hire the applicant due to the background check revealing an arrest that has a granted expunction?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Denton County Texas Expunction Online Records

    You can contact the custodian of the records to try to determine how quickly they act to remove expunged records once they receive notice of an expungement order; and you can try to confirm with the court that the order has been conveyed.

  3. #3
    Join Date
    Feb 2011
    Posts
    8

    Default Re: Denton County Texas Expunction Online Records

    hello there,

    Yes, I did that and the Department of Public Safety said they have 30 days before the order becomes active. I verified with my attorney's office that legally by law they are not required to update the records until the 30 days has passed, however they usually update them before day 30. So anyone else with an expungement is wondering, the state has 30 days from the date the order is granted to update their records online.

  4. #4
    Join Date
    Feb 2011
    Posts
    8

    Default Re: Denton County Texas Expunction Online Records

    today is day 31 and the state is still showing my arrest record for all to see. WHY is it so hard for the State of Texas to delete a court ordered document?

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