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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
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Experience:  Since 1983
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My husband received a felony at age 17 for stealing a case

Resolved Question:

My husband received a felony at age 17 for stealing a case of beer from a County grain yard along with others that were age 16 and only got a slap on the hand.

I have two questions.

1. Can he get this charge expunged? What was beer doing in a county grain yard anyway?

2. My husbands employer ran a criminal history check on several employees. I understand that criminal history is a matter of public record however there are confidential laws as well. This company took the list of names and posted on a bulliten board in a public place stating these people are felons and can not work at certain places. I'm sure the company had the right to obtain the information but not misuse it in the matter they did.

Vicki in Texas
Submitted: 5 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 5 years ago.
Was he charged and convicted as a juvenile or as an adult?
Customer: replied 5 years ago.
He is 44 years old now. He was charged and convicted as an adult and only got probation and a fine. That was 20 something years ago and all the other kids got off but him and one other guy. The other guy skipped town and my husband paid his fines too since they couldn't find the other guy. The other kids were the ones that actually did the breaking and entering. I think they were all intoxicated at the time. The only thing he wrote on his confession was that he took the beer. It hardly seems beer is worth a felony especially since there were other kids that participated and he took the rap for all of it.
Customer: replied 5 years ago.
Also does this apply? I found it under the Texas DPS Criminal History for Non Criminal Justice Entities.
5. Sec. 411.083(b)(6) an individual or an agency that has a specific agreement with
a noncriminal justice agency to provide services related to the use of criminal
history record information disseminated under this subchapter, if the agreement:
(A) specifically authorizes access to information;
(B) limits the use of information to the purposes for which it is given;
(C) ensures the security and confidentiality of the information; and
(D) provides for sanctions if a requirement imposed under Paragraph (A),
(B), or (C) is violated;
This provision was added in response to a move nationally to allow non-criminal
justice entities the same authority as criminal justice agencies to outsource the
activities related to their access and use of criminal history record information.
The controls are in place to ensure the correct management of the information by
the contracted entities. Outsourced activities might include data processing of
requests, review of returned records, or compiling the criminal history
information with other personal data about an applicant
Expert:  N Cal Attorney replied 5 years ago.
http://lawdigest.uslegal.com/expungement-of-criminal-records/general/5276/ is a summary of the Texas expungement laws

http://www.tdcj.state.tx.us/bpp/exec_clem/exec_clem.html has information on applying for a pardon.

http://lawyers.findlaw.com/lawyer/practicestate/Criminal-Law/Texas lists Texas expungement attorneys by location, some of them offer a free consultation.

I don't see how Sec. 411.083(b)(6) applies to him, but urge you to consult a local attorney to file for expungement and/or a pardon.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8134
Experience: Since 1983
N Cal Attorney and 5 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
I thought it applied to the second question. His employer is posting names of felons in a public place after obtaining the information from Criminal Records for their own purposes and then releasing the information to others.
(B) limits the use of information to the purposes for which it is given;
C) ensures the security and confidentiality of the information;
I felt they company could be sanctioned for misuse of the information
D) provides for sanctions if a requirement imposed under Paragraph (A),
(B), or (C) is violated;
So,
He has no other criminal charges except for a couple of DWI's over ten years ago, before I met him. Would this make a difference? How does a pardon work? Would the fact that the Travis County grain yard had beer on the premises make any difference? There should not have been beer at the work place to begin with especially County Government.
Expert:  N Cal Attorney replied 5 years ago.
Thank you for the additional information.

You wrote:
His employer is posting names of felons in a public place after obtaining the information from Criminal Records for their own purposes and then releasing the information to others.

I believe that may be actionable as an invasion of privacy but I am not certain if Texas courts would see it that way because technically the fact of the conviction is a public record.

The fact that there should not have been any beer there does not affect his conviction. But his age at the time of the offense is a factor.

http://lawdigest.uslegal.com/expungement-of-criminal-records/general/5276/ states
Under Tex. Code Crim. Proc. Art. 55.01, a person is eligible for expunction if acquitted or convicted and pardoned

As I read that, it looks like he has to apply for a pardon in order to get the record expunged. But I do not know the intricacies of this law, which is why I have to urge you to consult an attorney in Texas about this.
See http://lawyers.findlaw.com/lawyer/practicestate/Criminal-Law/Texas

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