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  1. #1
    Join Date
    Jun 2008
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    5

    Default Can I Seal My Records Before Obtaining An Expunction

    My question involves criminal records for the state of: TEXAS

    I was just wondering if my records could be sealed meanwhile the time is met to be able to qualify for an expunction. I am on a pretrial intervention program for a year and after that my case will be dismissed but the pretrial contract states that I cannot have my records expunged until after 2 years after the case is dismissed. Now it doesnt say anything about not being able to seal the records. So do you think I might qualify to seal my records just until it is time to get them expunged? Reason is because I will be graduating in a year from the Respiratory Program and I need to take my state boards I also plan to work right after I get my license. I dont think that this will affect me being that it is a misdemeanor and not a felony and I dont have a conviction on my record. My understanding is most places ask you "Have you ever been convicted of a felony?" I know it was wrong and I have learned my lesson and I dont ever want to do anything that will effect everything I have worked so hard for nor hurt my family. Regardless I know it doesnt compare to having a "CLEAN RECORD" but I cant change the pass only improve my future and hope to obtain my goals. I know that when you seal your records there is that chance that they can obtain those records because they are not expunged but I guess something is better than nothing for the time being. Can you give me your expert advice on this situation?? This is for a Class B misdeameanor shoplifting offense. Thank You

  2. #2
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    Default Re: Can I Seal My Records Before Obtaining An Expunction

    You cannot get an expunction for a class B misdemeanor unless you first obtain a pardon. You can only seal a class B misdemeanor if you successfully completed a deferred sentence, following the waiting period you describe.

  3. #3
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Can I Seal My Records Before Obtaining An Expunction

    Yes you cannot expunge a deferred sentence but u can expunge a pretrial diversion intervention as per the contract it does not mention nothing about a pardon only that i can expunge my case after 2 years of the completed dismissal i was just wondering if i could seal me records in the meantime while i wait to get it expunged according to my attorney if i had received deferred ajudication then i could only seal but being that its a pretrial intervention program well then yes i could expunge that is why i went with pretrial intervention instead of deferred ajudication thanks for the info im going to look into that. Any further information would be greatly appreciated.

  4. #4
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    Default Re: Can I Seal My Records Before Obtaining An Expunction

    Your diversion agreement apparently involves a waiting period, so I would expect the court to hold you to your waiting period. If you wish to try to avoid the terms of your agreement, I suggest retaining a lawyer to review your case and assist you.

  5. #5
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Can I Seal My Records Before Obtaining An Expunction

    according to my lawyer he says that my case should be dismissed and continue to show "no convictions" so do you know if when they pull up my record it will show what i was arrested for?? i know it should probably show that i was detained and arrested, date, etc. but i dont know if it will show the "reason" i was arrested for. I tried to run a background check and it didnt pull up anything i went under texas dept of public safety records but then again i dont know how accurate that website is. Thanks in advance for the info.

  6. #6
    Join Date
    Sep 2005
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    Default Re: Can I Seal My Records Before Obtaining An Expunction

    If somebody looks at your arrest record, I would expect it to accurately report your arrests.

  7. #7

    Default Re: Can I Seal My Records Before Obtaining An Expunction

    My felony conviction was for Theft and it was over 20 years ago......can I seal my record while waiting for an expungement? I have read all kinds of things and I am sooooooooooo confused.

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