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"Expunged" record not really expunged Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by lilmunchkin, Mar 14, 2010.

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  1. Mar 14, 2010 #1
    lilmunchkin

    lilmunchkin Law Topic Starter New Member

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    I have a friend in TX who was conviced as a sex offender when he was 16 or 17. It was supposed to be expunged off of his record as of 6 months ago, but still shows up online. What can he do legally to get the state to remove it as it was supposed to be? Can he sue the state for not removing it?
     
    lilmunchkin, Mar 14, 2010
    lilmunchkin, Mar 14, 2010
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  2. Mar 14, 2010 #2
    jharris352

    jharris352 New Member

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    Who said it was suppose to be expunged? Was it a court order? If so, send a copy of the court order to the custodian of the record that you want expunged and he should do it.
     
    jharris352, Mar 14, 2010
    jharris352, Mar 14, 2010
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  3. Mar 14, 2010 #3
    army judge

    army judge Super Moderator

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    Expungement in Texas is not automatic.

    You have to seek it by motion and pleading to the court.

    You should not, however, see a juvenile record.

    Juveniles are not convicted in Texas, they are adjudicated.

    So, was this person convicted and tried as an adult when they were 16?




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    army judge, Mar 14, 2010
    army judge, Mar 14, 2010
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  4. Mar 15, 2010 #4
    lilmunchkin

    lilmunchkin Law Topic Starter New Member

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    Yes, he was charged as an adult at 16. He went through the process to get it expunged - went to court, paid all kinds of fees, etc. The outcome of that was it would be expunged from his record, but going by the database online, it doesn't appear that it has been done 6 months after the court said it would be done by.
     
    lilmunchkin, Mar 15, 2010
    lilmunchkin, Mar 15, 2010
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  5. Mar 15, 2010 #5
    army judge

    army judge Super Moderator

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    Some sex related crimes are not subject to expungement.


    He should contact the lawyer that he paid to get his record expunged.

    Perhaps, there was a problem getting it done?

    It isn't necessarily a slam dunk.
     
    army judge, Mar 15, 2010
    army judge, Mar 15, 2010
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