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clearing an allegation

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giraffemb

Junior Member
What is the name of your state? TX
My husband was in the military about 7 yrs ago. a woman accused him and a couple of other men of rape but it wasn't founded and she dropped the charges. Here's the problem: it shows up when jobs do a background check. this is preventing a problem since we just had a baby and he would like to work closer to home because his commute right now is crazy. is there an inexpensive or free way to get this cleared from his record? he says he was told he'd have to get a lawyer to get it cleared and really with a newborn we can't afford it right now. thank you for your help.
 


JETX

Senior Member
is there an inexpensive or free way to get this cleared from his record? he says he was told he'd have to get a lawyer to get it cleared and really with a newborn we can't afford it right now.
If he was not charged, a court could order the record expunged; however, it is a fairly complex process and may require the services of an attorney.

Under Tex. Code Crim. Proc. Art. 55.01, a person is eligible for expunction if acquitted or convicted and pardoned or meet the following conditions:
1) an indictment or information charging the person with commission of a felony has not been presented or has been dismissed or quashed; and the statutory limitations period has expired; or the indictment or information was dismissed or quashed for lack of probable cause; and
2) 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; and the person has not been convicted of a felony in the five years preceding the date of the arrest.

The process of getting records expunged is found in the Texas Code Crim Proc Art. 55.02 at:
http://tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000055.00.htm#55.01.00
 

FlyingRon

Senior Member
JETX's advice is good if he was charged by some civilian authority in Texas. If the record involved is from some other jurisdiction or his military record, then there are different rules. However, generally when charges are dropped there is usually some avenue to petition for expungement or sealing the records.
 

giraffemb

Junior Member
he was only questioned about it and it never went to court. is there any reason it should even be on his record? and how come it's so diificult to get cleared if it never was an issue?
 

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