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Expunction Expert Question. My son was arrested in Sept 2006

Resolved Question:

Expunction Expert Question.
My son was arrested in Sept 2006 for Minor in Possession and Fictitious Operators License in Possession. He pleaded guilty and received deferred adjudication, and the charges were dismissed in 5.31.07.
I believe he qualifies for an expunction.
I checked with the County and there was no case file filed by the municipal court where he was arrested.
SO I have to choose a reason for expunction... is it
1) although arrested no charges were ever filed and the Statute of Limitations has expired. or
2) Charges were filed but were dismissed without an indictment and Statute of Limitations has expired. or
3) Misdemeanor charges were filed but were dismissed and statute of limitations has expired.
I just cant get anyone to tell me if the fictitious drivers license was a misdemeanor charge. I know the minor in possession was.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  MyraB replied 11 months ago.
Hello and thank you for your question.

Fictitious Operators License in Possession is a misdemeanor. The statute may be found here http://law.onecle.com/texas/transportation/521.453.00.html

Therefore, it appears that option 3 is the most applicable in the circumstances.

Please feel free to ask any follow up questions.
Customer: replied 11 months ago.

1)Is it an issue that the municipal court (Grand Prairie) never sent a case file to Tarrant County.


2)Grand Prairie is in 3 different counties.(Dallas, Tarrant, Ellis). I think he was arrested in Dallas County, but the case shows up in Tarrant County system. I checked Dallas and they have no record. SO we just say the crime was in Tarrant?


 


3) On the suggested petition document is talks of a Agency Service Number for the arrest. A TRN number and a Cause number. Do you know what any of these are?


 


 


 

Expert:  MyraB replied 11 months ago.
I don't know what form you are using, but here is one that is fairly straightforward. http://sites.lawhelp.org/documents/clusters/tx/443/English/1_Expunction_Petition_Final.pdf

The place of arrest means the municipality where he was arrested and the police department that made the arrest. If the case started in municipal court and was transferred to another court, you will need to list both courts. If the case shows up in the Tarrant County system, then include that also. You will want to include any court or agency that may have records related to this arrest so that each will be notified of the expungement order when it is made.

The Agency Service Number is XXXXX Department of Public Safety (DPS) number of the case. The Cause Number is XXXXX case number XXXXX by the court and included in all court filings dealing with the case. TRN refers to the Incident Tracking Number. TRS is the Incident Tracking Number Suffix. These are keys for linking charges from arrest through adjudication and are used to track the case through the system. Each reporting agency is responsible to pass along the number.

If you have these numbers include them where you can. Again these are used so that all agencies, departments and courts with records can locate them when expungement is ordered.

Let me know if you need any further information.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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