Pardon, Expunge or Seal a Texas Record

[UDoomer]

I have a class A Misdemeanor of burglary of a vehicle on my criminal record which is preventing me from getting any job better than McDonalds and I was wondering if it's at all possible to have it removed or at least blocked so that employers will not be able to see it when I apply. The offense was four years ago, I served time for it and now I'm just trying to make a decent living with my new wife and daughter. I'm currently attending school but I don't know if I'm just wasting my time because I don't know if I'll be able to get a job. Could I simply move out of state? I'm in Texas, and the conviction was in Harris County.

Thanks for any help

[Happy Trails]

I have a class A Misdemeanor of burglary of a vehicle on my criminal record which is preventing me from getting any job better than McDonalds and I was wondering if it's at all possible to have it removed or at least blocked so that employers will not be able to see it when I apply. The offense was four years ago, I served time for it and now I'm just trying to make a decent living with my new wife and daughter. I'm currently attending school but I don't know if I'm just wasting my time because I don't know if I'll be able to get a job. Could I simply move out of state? I'm in Texas, and the conviction was in Harris County.

Thanks for any help

In Texas convictions cannot be expunged or sealed.

Had it been any of the following: a deferred adjudication, dismissal, or a acquittal then sealing or expunging it would have been a possibility.

You can attempt to have it pardoned, however, Texas does NOT make that an easy thing to do.

Moving out of state does not necessarily help you. Since a background check could still reveal your conviction.

[Christy]

Ok.....well I was a nieve child when my "wonderful" court appointed attorney said that they gave me a "wonderful deal." I was charged with felony forgery, where the check didn't even go threw the bank and I didn't forge the check. I didn't even know it was forged or who did it, heck I didn't even know what forgery or a felony was. I found out pretty fast. Since the over zealous police men wanted to take someone down they made me the "scapegoat" or "sacraficial lamb." Prior to this I had been sent to the principals office in the 2nd grade for going to "Santa's Secret Shop" instead of waiting for my bus, had I known, I would have asked permission. Then in the 7th grade I recieved a detention for a 2nd tardy. I had to ask the "bad" kids where that was at, just so I could go to it. Turns out later my gym teacher realized it was marked wrong in her book so she appologized for writting me a detention and making me serve it. Big time "criminal" huh? So these wonderful "men" told me I was going to go to prison if I didn't take this "Wonderful Deal": 3 yrs felony probation with defered adjudication. They said the defered adjudication ment it would never be on my record. Really... cause I lost a job in '02 for lying on my app....how'd I lie if it was never supposed to show, I wondered. So I got on the internet and pulled it up, huh...well.... So what do I do? Pardon,Expunge or Seal? I was barely 17 I am now 31 and have NEVER been in trouble since. My whole life went in the "can" because of that, I was an A&B honor role student looking to go to the University of North Texas, now I am a high school drop out who can't keep a gas station job cause of her record. Please tell me there is something that I can do, or does this have to HAUNT me the rest of my life.

P.S. I spoke w/ a law teacher yrs ago and he said they had no right to even charge me because 1. the check never went threw the bank 2. the person(s) who's check it was would not press charges, therefore a crime was never commited .......is this true? Did I waste my life cause they pressured and scared me into it? I mean I was a band nerd for goodness sake.........

[aaron]

You may wish to petition for a pardon through the Texas Board of Pardons and Paroles.

[vmcmurry]

Christy,

Since you received deferred adjudication for the felony, it was over 5 years ago, and you haven't been in trouble since, you should qualify for a non-disclosure which would seal your record. There are some exceptions which would allow state agencies, hospitals, schools, etc to view such sealed records through the state, but almost all other employers wouldn't have such access. Something to consider. Feel free to email me at vance@mcmurrymcmurry.com if you would like more info. BTW, it didn't matter that the check didn't go through and it is not up to the victim to press charges but rather the DA (they can do it even if the victim refuses to testify or pursue the matter.)