Giz is right on that...expunge means it may not show up to the ordinary person running a background check, but will show up on every computer connected to LE or Federal agencies.
That is why paying to have a judge do this is pointless. If you ever want something to go away, you better know the right people...the right "corrupt" people.
Originally Posted by London Rayne
That's simply not the law in Texas. If an expunction order is issued, ALL records -- including arrest records maintained by the police, records regarding the prosecution of the offense maintained by the court and the DA, and electronic records maintained by the DPS and FBI - are destroyed. When private companies that sell criminal background information, such as
www.publicdata.com, receive updated information from government entities, the new information should omit the expunged records.
On the other hand, when an order of non-disclosure (a/k/a a "sealing order") is issued, only LE and certain state agencies are permitted access to the information.
Expunctions and orders of non-disclosure are different remedies that apply to different types of cases.
Every so often, I'm contacted by a defendant in a small town asking me to represent them. Nearly all of them believe there is a conspiracy in their little town made up of judges, prosecutors, and defense attorneys to screw defendants over. I guess that's possible. But it's more likely small-town paranoia.
Sure, occasionally a government employee will make a mistake and not delete or seal a criminal record despite an order. That's why I always confirm a deletion or seal after an order is issued. A few times I've had to send a letter to a clerk to get a record deleted or sealed, but none refused to do so. I guess I could take it personally and speculate that the Mafia, Sooners, or even aliens conspired to defy the order. But I think it's more reasonable to attribute the mistake to overworked government employees.
Yep... he definitely knows Texas Law! *Some of us only have experience to go by...
Originally Posted by MrGiz
I've been practicing criminal law in Texas (and a few other states, including your home state, Arkansas) for more than 26 years. I've handled thousands of cases in state and federal courts, ranging from city municipal courts to the U.S. Supreme Court. I'm in court nearly every day. But I guess it's possible that your subjective opinion regarding your one case trumps my experience.... Nah, it's not possible.