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  1. #1

    Question Arrested But Not Charged, Twelve Years Ago

    I was arrested in Texas twelve years ago, but nothing further ever happened. I was questioned about it at my place of employment, and they accepted my explanation, so I continued working there. Now, I have married and moved to another state, and quite frankly, I am afraid to try to get a job here because of the arrest. Is there a statute of limitations? If a criminal background check is done on me, will the arrest show up? Should I try to have the arrest expunged? Lots of questions, but I will appreciate any help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Arrested But Not Charged, Twelve Years Ago

    You should be eligible to have the arrest expunged.
    Quote Quoting Texas Penal Code, Art. 55.01. 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.
    (a-1) Notwithstanding Subsection (a)(2)(C), a person’s conviction of a felony in the five years preceding the date of the arrest does not affect the person’s entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety under Section 2(e), Article 55.02.

    (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.

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