granted an expunction but what about civil record?

[smutlydog]

What is the name of your state (only U.S. law)? Texas
I was granted an expunction on a felony drug arrest but didn't consider the civil case related to the forfeiture of $2,000 cash. An employment background check of civil cases will raise questions that I don't want to answer. I know they filed some kind of civil proceeding pertaining to that money. I never responded though. What if anything can I do to get that off my civil record? Do you think the original expunction order took care of that? The wording " dissemination, or use of records pertaining to such arrest" seems like it would cover civil records. The civil record is titled Seizure and Forfeiture.

In the expunction order there was wording like this:

"The Court FINDS that Defendant is entitled to expunction of the following specified arrest record(s): xxxx"

" dissemination, or use of records pertaining to such arrest."What is the name of your state (only U.S. law)?

 

[CavemanLawyer]

The civil records are entirely separate from the criminal case and are not going to be covered by the expunction order. You can file a motion to seal all records in the civil case and see if the District Attorney's office opposes. Not really sure what else you can do beyond that because the civil forfeiture case is considered righteous if you failed to answer and never appealed, even if the criminal case was dismissed or resulted in a not guilty finding.

 

[smutlydog]

The civil records are entirely separate from the criminal case and are not going to be covered by the expunction order. You can file a motion to seal all records in the civil case and see if the District Attorney's office opposes. Not really sure what else you can do beyond that because the civil forfeiture case is considered righteous if you failed to answer and never appealed, even if the criminal case was dismissed or resulted in a not guilty finding.

Do have any suggestions on how I should explain " Seizure and Forfeiture" to a potential employer since I have not intention of disclosing the arrest? The civil file gives no details of my case other than the wording " Seizure and Forfeiture".
thanks for the response

 

[garrula lingua]

What is the name of your state (only U.S. law)? Texas
I was granted an expunction on a felony drug arrest but didn't consider the civil case related to the forfeiture of $2,000 cash. An employment background check of civil cases will raise questions that I don't want to answer. I know they filed some kind of civil proceeding pertaining to that money. I never responded though. What if anything can I do to get that off my civil record? Do you think the original expunction order took care of that? The wording " dissemination, or use of records pertaining to such arrest" seems like it would cover civil records. The civil record is titled Seizure and Forfeiture.

In the expunction order there was wording like this:

"The Court FINDS that Defendant is entitled to expunction of the following specified arrest record(s): xxxx"

" dissemination, or use of records pertaining to such arrest."What is the name of your state (only U.S. law)?

Probably depends on the facts of the case.
The forfeiture is civil....
There may have been many different criminal charges to substantiate the forfeiture, not just the crime for which you were convicted.
I would think that as you defaulted, you would probably have to set aside the default judgment.... Probably by filing a bill of review to reopen the civil case (I believe you have four years to open for a bill of review) --that's a bit complex (new case & requires specificity).

I would try sealing the record under Tx Rules of Civil Procedure section 76a.
That's the method for civil cases.

 

[garrula lingua]

... tired ... missed Cave's response & your follow-up.

Seizure and Forfeiture, to me, says LOUD and CLEAR: drug case, seized $$$ monies, etc., possibly car, & forfeited same. Drug dealer.

 

[smutlydog]

Probably depends on the facts of the case.
The forfeiture is civil....
There may have been many different criminal charges to substantiate the forfeiture, not just the crime for which you were convicted.
I would think that as you defaulted, you would probably have to set aside the default judgment.... Probably by filing a bill of review to reopen the civil case (I believe you have four years to open for a bill of review) --that's a bit complex (new case & requires specificity).

I would try sealing the record under Tx Rules of Civil Procedure section 76a.
That's the method for civil cases.

Yes, that's the rule I am looking at. I wasn't convicted in the criminal case and had the record expunged from my record.That's why I am so upset about the detailed information about my arrest being disclosed in the civil file. I originally looked online at the file which was not detailed information.After physically looking at it at the courthouse Thursday I was SHOCKED. There is more information about my arrest than you would get from any background check.

Questions:
My understanding is that it's going to be very difficult to get this civil case sealed which concluded with a default judgement. True or false?

Should I ask for the entire file to be sealed or just any references to my arrest and maybe dates? I believe, based on some research I have done, my chances of success will increase if I narrow the focus on what is to be sealed.Maybe I should throw everything against the wall and see what sticks.What strategy is best? Ask for the least or go for broke?

thanks for responding