How can I have the facts relating to a dismissed case taken off of my criminal record?

UPDATED: Jun 12, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 12, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I have the facts relating to a dismissed case taken off of my criminal record?

I was arrested for theft, completed a memo agreement and case was dismissed. However the court records still disclose the situation. I was informed that after a memorandum agreement was completed, and the required community service and fees/fines paid, and was dismissed by the judge, that only an arrest incident with the dismissal would remain. The disclosure of why I was arrested would not be available (i.e. background checks in search for employment) after the memo was completed successfully. Did my lawyer misinform me or do I have to do anything personally to correct the situation? This was dismissed about 9 months ago. I am currently taking care of my mom (chemotherapy) and cannot afford more legal fees.

Asked on June 12, 2011 under Criminal Law, Texas


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  What you want to do is to have the record expunged or sealed.  I understand that for you it has been probably a lifetime but for the court systems in most states 9 months is not a long time.  It is my understanding that in Texas there are several methods used to erase your criminal record if you qualify.   It appears that you do in fact qualify to have the record expunged.  Generally speaking, the court may not just do it on their own (as they are supposed to with a juvenile record in most states).  You have to apply for it.  I would go down to the court in which the conviction occurred and ask the clerk where to get the forms you need.  You will probably need s certified record of the disposition as well.  Consider having the arrest record expunged too.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption