If my auto insurer told me that I have a misdemeanor for check fraud on my record, how do I go about getting this expunged?
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If my auto insurer told me that I have a misdemeanor for check fraud on my record, how do I go about getting this expunged?
We had some fraud on our account a couple years ago and when we closed the account, there was still a check that hadn’t cleared that we missed. I didn’t realize this until I got a notice that there was a warrant out for my arrest. I immediately went and paid the fine and thought it was cleared up. I wasn’t informed or I probably didn’t understand that it was considered a
criminal offense on my record. I looked up expungement, but the whole process to do so isn’t really laid out. How do I do it specifically?
Asked on May 5, 2016 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The expunction process is not that difficult. It starts with a petition for expunction. This is basically your request to the court asking them to take the charge off of your record.
The next step is to set the case for a final hearing. Many hearings will be set within 60-90 days of filing... some will be set a little sooner... but that's a good average. The court coordinator in each jurisdiction has their own routine and docketing schedule.
Once the hearing date is set, then any agencies that have your information need to be notified: the agency that ticketed you, the agency that arrested you-if any, the agency that prosecuted you, DPS, TCIC, and NCIC. They need a copy of the notice of hearing and the original petition.
The next step is to appear at the hearing and present your case. If the judge agrees that you are entitled to the expunction he will sign the order. The clerk of the court will then distribute the order to the agencies instructing them to delete the information.
The main trick is to make sure your original petition is correctly worded. If you don't allege a proper basis, then your petition won't be granted. You don't have to hire an attorney to represent you through the process, but you should have one at least review your petition to make sure your document is correct.
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