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Can a expired restraining order against me be expunged or sealed ?

Discussion in 'Civil Court, Procedure & Litigation' started by TrixieSue, Jun 7, 2019.

  1. TrixieSue

    TrixieSue Law Topic Starter New Member

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    Jurisdiction:
    Texas
    My ex boyfriend filed a restraining order against me and it is now expired. It still shows up if anyone wants to see it, including prospective employers. One lawyer tells me no, you cannot expunge and another tells me that if the person that filed against me agrees to the expungement, then I can have it expunged. I filed my own papers in district court and no one will direct me on how to proceed to get this off of my record. There were no criminal charges.
     
  2. army judge

    army judge Super Moderator

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    I think you might be confusing terminology.

    You can file to have civil court records sealed in Texas pursuant to Tex. R. Civ. P. 76.

    You MIGHT not be successful in this venture in Texas because the public policy in Texas demands that the public has right to open records, which will probably outweigh your desire to have it sealed.

    Nevertheless, you are free to make the attempt.

    Was the PO issued by a JP court, Muni Court, County Court, or District Court?

    Your motion to have the record sealed (not expunged) pursuant to Tex. R. Civ. P. 76 must be filed before the court which issued the PO.

    Finally, expungements refer to criminal convictions, not civil matters, which is why your motion is made pursuant to Tex. R. Civ. P. 76.
     
  3. TrixieSue

    TrixieSue Law Topic Starter New Member

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  4. TrixieSue

    TrixieSue Law Topic Starter New Member

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    It is not a Protective Order. It is a Restraining Order.

    It was issued in District Court.
    I want it expunged but if I can't do that, I will ask for it to be sealed.

    The person who filed the TRO against me, has signed a document (and also his attorney) that they agree to have it expunged.

    So, I should ask that it be sealed (and not expunged because it was not a criminal matter) right ?

    Can I file this document myself ? When I filed the document to expunge, no one did anything with it. I contacted the Court Coordinator, and he didn't know what to do as well.
     
  5. mightymoose

    mightymoose Moderator

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    A temporary restraining order isn't worth the hassle. Anyone can get a temporary order for just about anything. If the matter was never heard in court and no permanent order was ever made against you, then just let it go. You may as well be trying to seal a parking ticket.
    Unless you are seeking employment in law enforcement or a related field nobody will care, but even then it is a minor issue resolved with an explanation.
     
  6. TrixieSue

    TrixieSue Law Topic Starter New Member

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    Easy for you to say. I just lost my job because of it as I work in a highly sensitive area.
     
  7. justblue

    justblue Well-Known Member

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    What type of work do you do? How long did you work for that company?... agency?
    When was the TRO? RO? (please clarify which) put in place and for how long?
     
  8. TrixieSue

    TrixieSue Law Topic Starter New Member

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    TEXAS.....it is an AT WILL state. They can do whatever they want for any reason.
     
  9. Zigner

    Zigner Well-Known Member

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    That is generally true, however, the employer still has to comply with the law regarding the use of background checks, etc. I get the impression that you really don't want to tell us what's going on with your employer, so you really should seek the assistance of of a local employment law attorney.
     
    justblue likes this.
  10. mightymoose

    mightymoose Moderator

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    It is curious how an employer would even know a temporary restraining order was issued.
     

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