Judge signed expunction order but record still on file.

[smutlydog]

What is the name of your state (only U.S. law)? Texas
The judge signed the expunction order and I was suppose to wait 60 days for my record to be cleared. So after 61 days I check the police station and yes the record is gone. On the same day I go to the county court house district clerk's office to confirm the same thing. The arrest record is still on file. The told me they referred to IT which was a few floors up and to check back daily. Two days later they tell me the same thing. The clerk told me sometimes it takes weeks.

I thought after 60 days all agencies are bound by law. Is this true or false and what recourse do I have if it is true? I went through the process without an attorney.
thanks

 

[CavemanLawyer]

The Clerk's office can actually keep the records for as long as one year after the expunction order is final, but they are required to immediately remove all references to you from their computer system, which it sounds like they have not done. It very well may be an IT oversight rather than a willful disregard to remove it.

The purely legal remedies are:
First check your expunction order just to confirm that any deadline to remove index references has passed. At that point file a motion for a show cause hearing for the District Clerk to appear and explain why he/she should not be held in contempt for violating the order. Depending on the results of that hearing you could then file a complaint with the District Attorney's office because knowingly failing to obliterate records ordered through an expunction is a class B misdemeanor. (CCP Art. 55.04.) The goal here is not to get these people in trouble its just to get them to do their jobs, and sometimes an "oh crap" deadline is what it takes.

Honestly, I'd just take the practical approach and ask to speak to the desk clerk's manager. You can even schedule an appointment to meet with the District Clerk. If you show them they are in violation of a court order and the law that get their attention.

 

[smutlydog]

2)The respondents listed herein shall return all records and files concerning the above specified arrest to this Court, or if removal is impracticable, obliterate all portions of the record or file that identify the petitioner, including all computer entries, and notify this Court of its action not later than Thirty (30) days from the date of this order.

When I put this expunction order together I didn't know about the 60 day wait rule. So I should of put (60) where the (30) was typed in.

So based on what I typed I would assume at the end of the 60 days they have to destroy the file or am I wrong about that?
thanks

 

[CavemanLawyer]

The law sets different deadlines depending on the basis for the expunction. Ultimately whatever language is in the order controls. If the Judge orders it, they have to follow it. Yes they have to collect the files and certify that they are destroying them and they have to remove all index entries in their computer records. It sounds like they are in violation of the order currently.

You catch more flies with honey, so I'd suggest just bringing the problem to their attention and give them another chance to do their jobs properly. Then take the legal actions I mentioned above if necessary.

 

[smutlydog]

The county cleared the record 30 minutes ago. It's a big hassle checking with the DPS and FBI so I am going to assume it's a done deal.




thanks