Expunction Timeline- CPA Application (TX)

[helpacollegekid]

Hi everyone, looking for some pretty basic legal advice for something that doesn't seem worth hiring a lawyer for. I'm a broke college kid, so please help!

Last year, I got a disorderly conduct charge (class C misdemeanor in TX) for a noise violation (yes, Texas is dumb). I did deferred disposition, successfully completed some requirements, and had it dismissed. This year, I also went the extra step of having the records expunged. I did this because I am currently applying to take my CPA exam, and you have to list ALL criminal records unless they were expunged. I originally was not going to list this because I have the granted expunction order (I was very careful to keep this document), but upon reading it, I realized it claims records would not be destroyed earlier than Dec 1 (I had my FBI background check Dec 5), and they could take up to YEAR to actually be destroyed.

In essence, I am not sure if I am legally allowed to claim the expunction, or if it will result in problems for me, since there was clearly a good chance the records haven't been destroyed yet. Is it possible for me to call the involved agencies and ask if the records were destroyed? Or should I list the deferred disposition/misdemeanor on my application even though an expunction HAS been granted?

Thank you so much in advance! Please help an aspiring accountant out!!!

 

[quincy]

You could call for the status of your records or run your own background check on yourself to see what shows up.

The most important thing is to be honest if questioned about the expungement.

 

[helpacollegekid]

You could call for the status of your records or run your own background check on yourself to see what shows up.

The most important thing is to be honest if questioned about the expungement.

The thing is that the application says everything EXCEPT expunged records need to be reported. So I'm confused if this counts as "expunged" or not now, since the records may still exist.

 

[HighwayMan]

...I got a disorderly conduct charge (class C misdemeanor in TX) for a noise violation (yes, Texas is dumb).

I'd say Texas isn't dumb - it's the residents who act up and get caught who are dumb.

My opinion is that since the order was granted that would be enough. The order hasn't been fully carried out yet, but it IS in effect. This may still show up in a criminal history for now, but you have the documentation you need to justify not reporting it.

Maybe you can speak to someone who processes the applications? Is there anyone you deal with or speak to about the application process?

 

[helpacollegekid]

Thanks for the advice- I checked the status of my records with the involved agencies, and they actually confirmed they went ahead and destroyed them/don't have anything, so I feel a little more confident now!

 

[quincy]

That is good news.

It is always possible that your record exists elsewhere, as some sites mine arrest records and do not update their databases to reflect the current status. But that should not be much of a worry for your purpose.

 

[CavemanLawyer]

The expunction statute says that once the order has been granted you are allowed to deny the existence of the arrest under all circumstances except if testifying under oath in a criminal proceeding. So you are legally being honest if you say you've never been arrested and I would absolutely deny your arrest all day long.

Sounds like you have confirmed that the records were destroyed but I would still order a criminal history check through DPS (can be done online and is quick and cheap). Also for what it is worth, once expunction orders are signed each effected agency usually destroys their records VERY quickly because they are required to certify to the court that they have done so. Failure to destroy the records by the deadline in the order would actually be a crime on THEIR part.

 

[helpacollegekid]

The expunction statute says that once the order has been granted you are allowed to deny the existence of the arrest under all circumstances except if testifying under oath in a criminal proceeding. So you are legally being honest if you say you've never been arrested and I would absolutely deny your arrest all day long.

Sounds like you have confirmed that the records were destroyed but I would still order a criminal history check through DPS (can be done online and is quick and cheap). Also for what it is worth, once expunction orders are signed each effected agency usually destroys their records VERY quickly because they are required to certify to the court that they have done so. Failure to destroy the records by the deadline in the order would actually be a crime on THEIR part.

Thanks! I did this too, and nothing came up, which made me feel a little better. I know I legally have the right to not list it, but I was just nervous. Really appreciate all this help!