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Expunctions (Clearing Your Record)
Ever been turned down for a job because of an arrest on your record? Have you wondered how you might clear a criminal charge from your record? A person who has been arrested for a misdemeanor or felony offense, but never convicted of the offense, may qualify to have his or her record cleared by filing a petition for expunction.
An Order granting an expunction directs law enforcement agencies, prosecutors offices, district or county clerks, district or county courts, and the Texas Department of Public Safety, among other agencies, with a record of the arrest or charge to destroy those records. When the order for expunction is final, you may, under State law, deny the occurrence of the arrest and the existence of the expunction. However, if you are questioned under oath in a criminal proceeding about an arrest for which the records were expunged, you may only state that the matter in question has been expunged.
Be aware that an expunction is treated differently under federal law - a person who has had an expunction granted in State court may want to consult an attorney before answering questions on an application for a federal job, or for federal benefits, or when enlisting in the military, among other things.
For information on whether you may qualify to have your record cleared through an expunction, contact Edward A. Jendrzey, Attorney at Law, for a free, initial consultation.