Can I have a misdemeanor charge removed from my criminal history record?

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Can I have a misdemeanor charge removed from my criminal history record?

About 5 years ago, I lied on my mortgage application. I was caught, fined $4k, and given probation for 6 months. I completed everything on time. Now I am having trouble to find a good job. My background check shows misdemeanor. Can I do non-disclosure or expunge record?

Asked on August 29, 2013 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IN the state of Texas you have the option to have the record either expunged or request and order for non-disclosure.  It does not sound here like you have the right to request expunction but maybe non-disclosure.  There are certain offenses that require a two year wait otherwise you can apply for non-disclosure immediately.  You are past the two years in any event so as long as the charge is one that does not qualify at all (and it does not sound like that here) you should speak with an attorney about the matter. They would file a Motion for Non-Disclosure.  Good luck.


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