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Posted

I cannot speak for other states, but in Arkansas, if you are applying for a teaching license, an expunged record will still be accessed by the state. They will look at all records whether they are sealed or not or expunged or not. It doesn't quite seem fair, but the state looks at everything.

Posted
I cannot speak for other states, but in Arkansas, if you are applying for a teaching license, an expunged record will still be accessed by the state. They will look at all records whether they are sealed or not or expunged or not. It doesn't quite seem fair, but the state looks at everything.

Then obviously Arkansas doesn't understand the meaning of the word expunge or expunged. From Websters.......

ex·punge transitive verb ik-ˈspənj
ex·pungedex·pung·ing
Definition of EXPUNGE
1
: to strike out, obliterate, or mark for deletion
2
: to efface completely : destroy
3
: to eliminate (as a memory) from one's consciousness
Posted

Then obviously Arkansas doesn't understand the meaning of the word expunge or expunged. From Websters.......

ex·punge transitive verb ik-ˈspənj
ex·pungedex·pung·ing
Definition of EXPUNGE
1
: to strike out, obliterate, or mark for deletion
2
: to efface completely : destroy
3
: to eliminate (as a memory) from one's consciousness

I don't think any federal or state government will truly expunge anything. They keep records of everything, just depends what shelf they want to store it on.

Posted

The only thing that can be expunged in Texas (otherwise known as expuncted here) is a Class C misdemeanor with no final adjudication. In that case, the agencies listed on the expunctment order are legally required to physically destroy the records.

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Posted
The only thing that can be expunged in Texas (otherwise known as expuncted here) is a Class C misdemeanor with no final adjudication. In that case, the agencies listed on the expunctment order are legally required to physically destroy the records.

That is simply not true. I have done work for two members of my immediate family who are attorneys and do this for a living, and I have personally witnessed both felonies and misdemeanors expunged from individuals records in Texas where there was no final record of conviction.

The DPS is also obligated to request the FBI to return and destroy the arrest records as well. Of course you always have to deal with cleaning up your records with the "Been Verified" companies of the world, but that usually isn't a big problem once you get the court order.

Another option in keeping bad stuff from following you around the rest of your life is an order of non-disclosure, where the arrest records are only allowed to be viewed by law enforcement and such. Our two guys may be in line for that one, but only if they end up with a deferred adjudication and manage to stay out of trouble.

Posted (edited)
The only thing that can be expunged in Texas (otherwise known as expuncted here) is a Class C misdemeanor with no final adjudication. In that case, the agencies listed on the expunctment order are legally required to physically destroy the records.

You should probably stick to taxes, just saying

Teach people about wash sales because it seems like all tax accountants dont understand them

Edited by Dr. Seuss
  • Upvote 1
Posted

That is simply not true. I have done work for two members of my immediate family who are attorneys and do this for a living, and I have personally witnessed both felonies and misdemeanors expunged from individuals records in Texas where there was no final record of conviction.

The DPS is also obligated to request the FBI to return and destroy the arrest records as well. Of course you always have to deal with cleaning up your records with the "Been Verified" companies of the world, but that usually isn't a big problem once you get the court order.

Another option in keeping bad stuff from following you around the rest of your life is an order of non-disclosure, where the arrest records are only allowed to be viewed by law enforcement and such. Our two guys may be in line for that one, but only if they end up with a deferred adjudication and manage to stay out of trouble.

Assuming they have no criminal history, they are headed to a plea of guilty to Class C Theft, which is a traffic ticket. Then, if they have the foresite and resources to do so, they will have the arrest expunged.

If they plea to deferred adjudication, they may even by able to get expungement as a condition.of completing the deferred period without getting in trouble.

It is Dallas County, after all.

And you are dead on about expungement. There is legislation next session to make the process much easier.

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