How can I have the facts relating to a dismissed case taken off of my criminal record?

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How can I have the facts relating to a dismissed case taken off of my criminal record?

I was arrested for theft, completed a memo agreement and case was dismissed. However the court records still disclose the situation. I was informed that after a memorandum agreement was completed, and the required community service and fees/fines paid, and was dismissed by the judge, that only an arrest incident with the dismissal would remain. The disclosure of why I was arrested would not be available (i.e. background checks in search for employment) after the memo was completed successfully. Did my lawyer misinform me or do I have to do anything personally to correct the situation? This was dismissed about 9 months ago. I am currently taking care of my mom (chemotherapy) and cannot afford more legal fees.

Asked on June 12, 2011 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  What you want to do is to have the record expunged or sealed.  I understand that for you it has been probably a lifetime but for the court systems in most states 9 months is not a long time.  It is my understanding that in Texas there are several methods used to erase your criminal record if you qualify.   It appears that you do in fact qualify to have the record expunged.  Generally speaking, the court may not just do it on their own (as they are supposed to with a juvenile record in most states).  You have to apply for it.  I would go down to the court in which the conviction occurred and ask the clerk where to get the forms you need.  You will probably need s certified record of the disposition as well.  Consider having the arrest record expunged too.  Good luck. 


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