Misdemeanor Dismissed

[gdweb]

I will soon be making application to get my real estate sales license in Texas. The application does of course ask about criminal history and this is where my question is. When I was 17/18 I had a $7 check that bounced and eventually caused a warrant for arrest to be issued. I know you probably hear this all the time but I wasn't aware of it... we moved a lot back then. Anyway, I turned myself in and they processed me then released me on my own recognizance. In the meantime I actually paid the restaurant the money I owed them and they said that's all they wanted and they would contact the county because they didn't want me to go through any further legal issues. I didn't hear anything else from the County. Well, now, 17 years later I check the county's web site and it does show the charges were dismissed, although 5 years later, and I assume all is well. But one thing that bothers me of course is that prior to is being dismissed it showed a failure to appear, and then a warrant issued. I never heard anything from this either.

Sorry to be long winded... my question is, I have not been "convicted" of a criminal offense, correct? And since the question on the application says "Have you ever been convicted of a criminal offense?" or "Are criminal charges pending?", I should not report the past even on the application, right?

I know this is shown on my criminal background I'm sure, and I do not want to look as though I'm trying to be deceptive, but I do not want to bring my history in to question if it's not going to be an issue if I don't.

I appreciate any feedback.What is the name of your state (only U.S. law)?

 

[CavemanLawyer]

Correct you have not been convicted and are not being dishonest by failing to list that if it is only asking for convictions and not arrests or charges.

You may consider hiring an attorney sometime to see about getting the record of the arrest sealed or expunged so that it doesn't show on a criminal background check at all.

 

[gdweb]

Thank you very much for your reply.

I am completely unfamiliar with the process of getting this removed from my record, or even the fact that this could be done. It sounds great to me! Is there a chance it's not successful or is it fairly routine and easy? Also, what type of attorney do I hire? I'm sorry, I've never actually hired an attorney and don't really know where to being.

Thanks again.

 

[CavemanLawyer]

Because your case was dismissed and the statute of limitations has run, and you do not appear to have any subsequent convictions, you qualify for an expunction. It is not a right and the court has the discretion to deny the petition but for something like this it is fairly routine to grant it, particularly since the offense is so old.

Just about any criminal defense attorney can handle this issue but an attorney specializing in writs and appeals would probably be the most familiar with it.

 

[gdweb]

You are correct, that was the only trouble I had, 17 years ago now. Thanks so much. I believe this is definitely something I will try to get taken care of. This might have turned out to be a pain in my rear sometime in the future but now that I know I can probably get it taken care of, thanks to your advice, I can breathe easy.

Thanks again.