Criminal Records, Expungement Texas – Question on Expunged Records

[blanfear]

Are the original copies of an arrested record and court records destroyed? I was told that the original records are never destroyed that copies are kept in the District Attorneys office.

 

[raskalnikov]

I don't know about in Texas, but in Michigan they are kept.

Just because something is expunged, doesn't mean it goes away forever. If you get arrested again, it, in a sense, un-expunges your previous crime. i.e. if you expunge 1st DUI, if you get another DUI you'll be charged with you 2nd.

 

[blanfear]

Let me explain this a little more in depth. I will try to make a long story short. My son was misidentified out of a photo line up. A trial was finally set almost a year to date from his arrest. Three weeks before his trial the real perpetrator was caught. I thank God above all else for giving two girls the courage in helping apprehend the real perpetrator. All charges were dismissed against him with prejudice.

I was speaking with a former judge who is a good family friend. He asked about my son and how he was doing in college and of course this led into to us talking about what we went through. I made the comment, "Well thank goodness all of those records are gone." That is when he commented that the original records are not expunged; that they are supposed to be sealed from everyone. Needless to say I was a little shocked. I mean what would be the purpose? The charges were dismissed with prejudice.

I will dig and see if I can't find the Texas Law that states whether or not the original records are deleted.

Thank you so much for your reply.