Criminal Law Questions? Ask a Criminal Lawyer.
Hello and thanks for choosing Just Answer®. I am a licensed Texas attorney, and I will be glad to try and assist you.
To provide you with accurate information, could you please clarify this point so I can best address your inquiry:
I just want to make sure I am understand your situation correctly. Are you saying you have already obtained an order of expunction and now want to notify the various agencies? Or, are you wanting to know how to obtain your criminal history record in preparation for petitioning the Court for expunction?
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Thanks for writing back and providing the clarification. I appreciate that, and please no need to apologize. Now this all makes sense. I think I can help you, but I will need to ask a few questions. Could you provide a "mini rap sheet" of sorts? What I mean by that is it would be very helpful if you could let me know the following items as far as you know:
I apologize for such a lengthy list, but any and all information and details you can provide will be helpful and much appreciated.
I will be working in this forum periodically over the weekend, and I will be sure to check back for any updated posts from you.
Many thanks for writing back. I will have your answer posted tomorrow (Sunday), but I just wanted to let you know I had not forgotten about you. I lost some online time due to inclement weather, so I am working to catch up. I will make sure to be back in touch with you just as soon as possible.
Thanks for writing back and especially for your patience in bearing with me. I appreciate your taking the time to provide such comprehensive details. I have good news to share on two fronts. First, while of course I can make no guarantees, I think you stand an outstanding chance for successfully obtaining the relief of expungement. The statutory language in cases such as yours is mandatory...i.e. the Court shall, as opposed to discretionary...the Court may. I can see absolutely no impediments to expunction, and frankly I would shocked not to see your record be expunged. Also, Texas law on expungement is the strongest in the Union as compared to other jurisdictions. Specifically, Texas law affords an actual destruction (in the language of the statute...obliteration) of the records. The remedy is much stronger than an order of non-disclosure. In effect, it puts you right back on the same footing as prior to the arrest. Secondly, the particulars of your case necessitate notifying fewer agencies than in many cases. When you take away matters such as sex offender registries, federal charges, penitentiary time, etc., this leaves a fairly manageable list. You want to be as comprehensive as possible, but if you happen to omit an agency you can always have them notified at a later time. I realize that is not ideal, but I mention it just in case.
Here are the agencies I would include in your petition:
San Antonio Police Chief
214 West Nueva
San Antonio, TX 78283
Bexar County Sheriff
200 North Comal
San Antonio, TX 78207
Bexar County Deputy Chief Jail Operations
Bexar County District Attorney
300 Dolorosa, 5th Floor
San Antonio, TX 78205
Bexar County District Clerk
100 Dolorosa, 1st Floor
San Antonio, TX 78205
Bexar County Justice of the Peace Precinct 1
218 South Laredo StreetSan Antonio, TX 78207
Bexar County Justice of the Peace Precinct 2
6715 Bandera Road, Room 123San Antonio, TX 78238
Bexar County Justice of the Peace Precinct 3
8918 Tesoro Drive, Suite 300San Antonio, TX 78217
Bexar County Justice of the Peace Precinct 4
2711 S.E. Loop 410 SouthSan Antonio, Texas 78222
Texas Department of Public Safety
Crime Records Division
P.O. Box 4087
Federal Bureau of Investigation
Record Information/Dissemination Section
170 Marcel Drive
The list is considerably shorter in your case especially owing to the stage of proceedings at which the charge was dismissed. That eliminates the bulk of the some 20 or more agencies often mentioned in Texas expungement cases. That number encompasses probation and parole agencies, as well as some other state and federal entities not raised in your circumstances.
If I might add a personal comment, I just want to commend you for taking this step. It sounds like you have an otherwise exemplary record. The circumstances surrounding your arrest, especially the location, cause me to think I may have a clue as to what allegedly took place. If I am correct in my assumption, this has been an area of ongoing concern with the San Antonio Police Department. I have heard that the situation has improved some through the appointment of a liaison. I may be totally off base, and it really does not matter either way. Regardless, I hope that this information will be of some help to you as you go on with your life.
Take care and thanks again for using JustAnswer®.
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Benjamin Burt, JR.,
Hello...I thought I'd give you an update on this question you helped me with a couple years ago!!! I did get my record expunged. Like you said, my chances were very likely. Since getting my record cleared for something I was not guilty of, I have accomplished alot in life. I actually went to nursing school and I work in the pediactric home health field. It would have been tougher to get into nursing school with something like this on my record. Going through all of that, and doing all of the work for the most part, my self, I feel that Law could be an avenue field I may seek one day. I am very anylitical and can speak very well in front of people. Anyways, just thought I'd give you a friendly "Hello" and thanks again!!!
Jason L. Rhoades
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