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Sealing a Guilty

Discussion in 'Criminal Records, Expungement' started by Phillys, Sep 29, 2020.

  1. Phillys

    Phillys Law Topic Starter New Member

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    Jurisdiction:
    Texas
    Hi everyone.

    So I was charged with a class C misdemeanor about 6 or 7 so years ago in Arlington, TX. I don't really remember any of details of what happened in court, I don't remember what my lawyer pled for me, I didn't even talk to the judge, but I know I only went twice to court twice and in between the first time and the second time I did 24 hours of community service and then my lawyer told me that I just didn't have to get in trouble for about 8 months.

    Of course I stayed out of trouble. Today in 2020 I can't even find the any case details online anywhere in Tarrant County's criminal records or in Arlington. Does this mean that the case was sealed or expunged? It was my first offense. I just recently filled out a job application asking if I had been convicted of a misdemeanor and since I couldn't find any info about it in Terrant county records I assumed it was just gone, but I want to make sure I didn't lie on the application... If you can't find any info about a case in public records then does that mean that it is sealed or doesn't exist and can't be used on a background check?

    Thank you.

    EDIT: ***UPDATE

    So I just ran my information through the Texas DPS website and did a criminal search history on myself and this is what came up

    "Searched on 9/29/2020
    No Matching Records
    There are no records matching your search criteria as of the date and time of this specific search. This includes the Criminal History File, Sex Offender Registration and Name Based Files."
     
    Last edited: Sep 29, 2020
  2. Zigner

    Zigner Well-Known Member

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    There is no way anyone here can answer the specific question relating to the status of your criminal matter. For that you should contact the court directly.

    What I can tell you is that, assuming you were an adult at the time, it's very unlikely that the case was "sealed" or "doesn't exist" without you having taken positive steps to make that happen.
     
  3. Phillys

    Phillys Law Topic Starter New Member

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    Yes but what I'm asking is what does it mean when a case/record dissapears from the court..? I think it's very possibly that my deferment and sealing of the record were all something my lawyer had going all at the same time.
     
    Last edited: Sep 29, 2020
  4. army judge

    army judge Super Moderator

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    It COULD mean your lawyer got you DEFERRED DISPOSITION, or what some call DEFERRED ADJUDICATION.
    If that was the case, after successfully completing probation and paying ALL fines/costs, the entire matter was cleansed as if it never happened.

    I suggest you ask your lawyer, just to be sure.

    Congratulations, citizen, your lawyer MAY have performed as a lawyer is expected to perform serving her/his client!!!
     
  5. zddoodah

    zddoodah Well-Known Member

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    That is not a necessary conclusion from the facts given.

    Whether or not you lied depends on what you put on the application.

    No.

    Since you "don't really remember any of details of what happened in court," you probably should contact your lawyer and ask some questions.
     
  6. Phillys

    Phillys Law Topic Starter New Member

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    Do any of you nice lawyer people know if it's possible that a Class C misdemeanor charge for drug paraphernalia (a ticket) can be sealed if you plead guilty to it? It's over 3 years old and it doesn't show up on a state background check but I want it sealed anyway. It's the only charge I have. I've read that guilty charges can't be sealed or expunge but I also heard that there are some exceptions to this rule, I just can't find any information about that online.

    Shanks!
     
  7. Zigner

    Zigner Well-Known Member

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    My post no longer applies because this thread was consolidated by admin.
     
    Last edited: Oct 15, 2020
  8. Phillys

    Phillys Law Topic Starter New Member

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    This is a totally different question

    Do any of you nice lawyer people know if it's possible that a Class C misdemeanor charge for drug paraphernalia (a ticket) can be sealed if you plead guilty to it?

    anyone can look at a previous post and be rude and copy and paste something not helpful
     
  9. Zigner

    Zigner Well-Known Member

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    My post no longer applies because this thread was consolidated by admin.
     
    Last edited: Oct 15, 2020
  10. Phillys

    Phillys Law Topic Starter New Member

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    Here's a HELPFUL answer from a different site:

    "A: If your first offense is a misdemeanor, it can now be sealed because of a relatively recent change to the nondisclosure statute."

    I'm just trying to find out more information about these "recent changes to" the ND statute.
     
  11. army judge

    army judge Super Moderator

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    You may be eligible to have your record expunged of your Texas Class C misdemeanor if you can show that you have completed all requirements of sentencing, and that you were not convicted of a felony during the five year period of time prior to your detention on the misdemeanor charge.

    Class C misdemeanors take a minimum of 180 days for the expungement/expunction to take effect.

    I suggest you speak with a couple local lawyers to discuss if your conviction qualifies for expungement.




    I suggest you speak with a couple local lawyers to discuss if your conviction qualifies for expungement or if you wish to have a more detailed conversation.
     
  12. mightymoose

    mightymoose Moderator

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    You may submit a petition to the court asking to seal the record. It won't be done simply because you ask. Various things are considered. For the offense you listed, assuming it is the only offense and a first offense, and you paid all fines and completed all requirements, you would probably get it done.
    Having the record sealed may not achieve much of a practical result. You can still be required to disclose it in certain situations.
     
    Last edited: Oct 15, 2020
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  13. army judge

    army judge Super Moderator

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    Your question relates to Texas.

    Why would you care about a North Dakota statute?

    No need to answer, see a lawyer and you can find out EXACTLY what you desire to know.
     
  14. mightymoose

    mightymoose Moderator

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    If your conviction was in Texas but you now live in North Dakota you would have to petition the court in Texas.
     
  15. Phillys

    Phillys Law Topic Starter New Member

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    Lol, I meant ND for non-disclosure.

    Thank you guys for all of your responses!
     

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