expunged record question

[superbovine]

FYI: This is a duplicate post. I was not getting any response in the other category.

What is the name of your state? TX

"The court finds that the defendant has completed probation and the court changes the defendant's plea to not guility and orders this matter dismissed and the record expunged"

OK, in a job interview would this person answer yes to the question "Have ever been convicted of a crime?" (its was a misdemeanor).

Also, this person does not intend on not telling the truth, but simply want to give the correct legal answer.

 

[HomeGuru]

FYI: This is a duplicate post. I was not getting any response in the other category.

What is the name of your state? TX

"The court finds that the defendant has completed probation and the court changes the defendant's plea to not guility and orders this matter dismissed and the record expunged"

OK, in a job interview would this person answer yes to the question "Have ever been convicted of a crime?" (its was a misdemeanor).

Also, this person does not intend on not telling the truth, but simply want to give the correct legal answer.

**A: what does superbovine mean; a fat pig?

 

[Beth3]

superbovine, all I can tell you is that I frequently see posts on boards like this from individuals who lost out on a job or who were fired from their job for lying on their application form regarding a conviction that was "supposed" to have been expunged. If you want to know whether that prior conviction is going to show up if a prospective employer does a criminal background check, you're going to have to check your records yourself and see if anything is there.

 

[dequeendistress]

I believe it would be supercow Homie

 

[superbovine]

Re: Re: expunged record question

**A: what does superbovine mean; a fat pig?

bovine = Of, relating to, or resembling a ruminant mammal of the genus Bos, such as an ox, cow, or buffalo.

In other words moooooooooooo.

 

[superbovine]

superbovine, all I can tell you is that I frequently see posts on boards like this from individuals who lost out on a job or who were fired from their job for lying on their application form regarding a conviction that was "supposed" to have been expunged. If you want to know whether that prior conviction is going to show up if a prospective employer does a criminal background check, you're going to have to check your records yourself and see if anything is there.

thanks beth for the advice. I just checked the court house records, it shows basically exactly what i stated from the first post, and only that infomation, but I will still take you advice and do a background check.

 

[JETX]

From your post, it would appear that you were convicted and given deferred adjudication probation. If so, that record cannot be expunged.

Generally speaking, the person's criminal charges must have been dismissed, or the person must have been found not guilty after a trial. Contrary to popular belief, a successfully served deferred adjudication probation cannot be expunged, except in the case of certain class C misdemeanor offenses. (An order of nondisclosure may be possible, however. See the section below.) Records subject to an expunction order may include those of the arresting agency, the Department of Public Safety, the court of prosecution, and the prosecutor's office. After the expunction order is entered, the person can deny the occurrence of the arrest and offense, as well as the existence of the expunction order.

Nondisclosure of Criminal Records Following Deferred Adjudication Probation
The Texas Legislature finally has passed a statute allowing someone who successfully completes a term of deferred adjudication probation to obtain an order of nondisclosure of criminal records pertaining to the arrest and offense. There are restrictions on eligibility, focusing on the person’s previous criminal history and conduct between the termination of supervision and the filing of the petition for nondisclosure. For many misdemeanor offenses, an eligible person may file the petition immediately upon discharge from the deferred adjudication supervision. For some misdemeanors, the person may not file the petition until 5 years after the discharge from supervision. For felonies, the person may not file until 10 years after the discharge from supervision. After the order of nondisclosure is entered, the person can deny the occurrence of the arrest and offense. Since this is a relatively new provision, it would be best to contact a local attorney to see what your eligibilty may be.

For a good explanation of the process and the limitations, go to:
http://www.sklippel.com/expuncti.htm

The process of expungement in Texas is covered by the Texas Code of Crim Proc at:
http://www.capitol.state.tx.us/statutes/cp/cp0005500.html#top

 

[superbovine]

Thanx for the info JETX. I neglected to say that the charges where from the State of Oklahoma. My apologies. That was a lot of good info though.

I think you are correct with the deferred adjudication probation.
"Judge X: This matter comes on for off deferred. The Defendant appears by Attorney X. The State Appears by X. The court finds the defendant .."

You mention "the person's criminal charges must have been dismissed, or the person must have been found not guility."

In the court records its states: "the court changes the defendant's plea to not guility and orders this matter dismissed and the record expunged" yet you say, the a deferred adjudication cannot be expunged. That I can understand, but my "matter" was dismissed, unless am Imisinterrupting the sentences. From what I can infer here, if my "matter" was dismissed (in the terms i am thinking in) then I would not have disclose that I was convicted, but my probation will always stand in the record?

Thanks for the help.

From your post, it would appear that you were convicted and given deferred adjudication probation. If so, that record cannot be expunged.

Generally speaking, the person's criminal charges must have been dismissed, or the person must have been found not guilty after a trial. Contrary to popular belief, a successfully served deferred adjudication probation cannot be expunged, except in the case of certain class C misdemeanor offenses. (An order of nondisclosure may be possible, however. See the section below.) Records subject to an expunction order may include those of the arresting agency, the Department of Public Safety, the court of prosecution, and the prosecutor's office. After the expunction order is entered, the person can deny the occurrence of the arrest and offense, as well as the existence of the expunction order.

Nondisclosure of Criminal Records Following Deferred Adjudication Probation
The Texas Legislature finally has passed a statute allowing someone who successfully completes a term of deferred adjudication probation to obtain an order of nondisclosure of criminal records pertaining to the arrest and offense. There are restrictions on eligibility, focusing on the person’s previous criminal history and conduct between the termination of supervision and the filing of the petition for nondisclosure. For many misdemeanor offenses, an eligible person may file the petition immediately upon discharge from the deferred adjudication supervision. For some misdemeanors, the person may not file the petition until 5 years after the discharge from supervision. For felonies, the person may not file until 10 years after the discharge from supervision. After the order of nondisclosure is entered, the person can deny the occurrence of the arrest and offense. Since this is a relatively new provision, it would be best to contact a local attorney to see what your eligibilty may be.

For a good explanation of the process and the limitations, go to:
http://www.sklippel.com/expuncti.htm

The process of expungement in Texas is covered by the Texas Code of Crim Proc at:
http://www.capitol.state.tx.us/statutes/cp/cp0005500.html#top

 

[JETX]

Each state has their own laws regarding expungment of convictions. In this case, your post said Texas, so the answer I provided was based on Texas laws. The fact that you have now CHANGED THE RULES and say it happened in Oklahoma, drastically affects the accuracy of my response.

 

[HomeGuru]

Boy, these cows sure do move around fast.

 

[dequeendistress]

Cattle drive to a railhead from Tx to OK?

 

[superbovine]

More grass to graze in texas.

Each state has their own laws regarding expungment of convictions. In this case, your post said Texas, so the answer I provided was based on Texas laws. The fact that you have now CHANGED THE RULES and say it happened in Oklahoma, drastically affects the accuracy of my response.