Social worker testifying in criminal case

[smutlydog]

What is the name of your state? Texas
If I am a counselor and have to testify in child abuse case can a defense attorney bring up my criminal past in court? Can the attorney bring an expunged record back to life? I am assuming they can bring up my criminal past but not expunged records since attorneys don’t have access to them.

 

[CdwJava]

Unless this criminal past is relevant to your being truthful, I doubt that they could bring it up even if the defense does discover it.

- Carl

 

[CavemanLawyer]

In Texas you can only impeach a witness with final convictions for felonies and crimes of moral turpitude, and generally even those have to have been within the last 10 years. Other than that the crime would have to be relevant to the case and if your connection is just that you are the social worker, than I can't imagine any conviction that would be specifically relevant.

It is something that varies by county, but generally the State turns over an NCIC to the defense when it is their turn to cross the witness. If your past conviction(s) show up on an NCIC than the defense will know about them. If you are concerned about this than you should talk to the prosecutor beforehand and ask them to run your NCIC and go over any convictions that might be an issue.

If you had something expunged than that means it did not result in final conviction, so the defense definitely cannot bring that up in trial.

 

[smutlydog]

thanks,
Social worker testifying in criminal case

I have a drug related felony conviction (older than 10 yrs) and an expunged record from 3 years ago. I am bound by ethics rules to report suspension of child abuse and that's what I did. Now they want me in court as a witness which is understandable. I don't mind having to testify. I am just wondering what kind of mud the defense attorney is going to throw at me.

 

[CavemanLawyer]

Well now you're getting into a discretionary matter as to whether that prior felony can be brought up for impeachment. Felonies 10 years ago or older, that are not otherwise relevant to the case, are inadmissible because they are considered too remote. However, if there are arrests or convictions subsequent to that than the felony and they are within 10 years than the felony may still be admissible. The idea is that you haven't reformed if you're still committing new crimes, even minor ones.

So, is this expunged offense after the felony and within 10 years of the current date? If so than the judge may let it in. If not than it definitely shouldn't come in as long as you don't open the door (ex: testify that you've never gotten in any trouble before.)

 

[smutlydog]

Well now you're getting into a discretionary matter as to whether that prior felony can be brought up for impeachment. Felonies 10 years ago or older, that are not otherwise relevant to the case, are inadmissible because they are considered too remote. However, if there are arrests or convictions subsequent to that than the felony and they are within 10 years than the felony may still be admissible. The idea is that you haven't reformed if you're still committing new crimes, even minor ones.

So, is this expunged offense after the felony and within 10 years of the current date? If so than the judge may let it in. If not than it definitely shouldn't come in as long as you don't open the door (ex: testify that you've never gotten in any trouble before.)

In all honestly I have only been reformed 3 years. Three years ago I was arrested for dealing drugs again but the case was dismissed due to lack of evidence. Had I been convicted It would have resulted in prison time. For the first time it made me truly revaluate my life.
So what you are saying is that the judge may let the older felony conviction based on the newer expunged arrest or are you saying the judge might let everything in?

thanks

 

[CavemanLawyer]

The arrests not resulting in convictions absolutely cannot come in. But the one prior felony may become admissible because of the subsequent arrests.

In short, only convictions can be used, not arrests where the case is later dismissed. If you commit a felony and then go 10 years without being arrested or convicted for anything else, than that felony generally cannot be admitted because it is considered too remote. But if you have any kind of subsequent history than it can bring that felony conviction back to life, so to speak. Even with this subsequent history, it is still entirely discretionary whether the judge lets the conviction in.

 

[smutlydog]

The arrests not resulting in convictions absolutely cannot come in. But the one prior felony may become admissible because of the subsequent arrests.

In short, only convictions can be used, not arrests where the case is later dismissed. If you commit a felony and then go 10 years without being arrested or convicted for anything else, than that felony generally cannot be admitted because it is considered too remote. But if you have any kind of subsequent history than it can bring that felony conviction back to life, so to speak. Even with this subsequent history, it is still entirely discretionary whether the judge lets the conviction in.

Thanks,
I don't want my employer to know about the expunged record