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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In 2008 my daughter was skipping school without my knowledge.

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In 2008 my daughter was skipping school without my knowledge. The school did not inform me until she was absent 2 weeks, and then notified my by mail. I was fined for this and received a Class B misdemeanor. Now I cannot apply as a clerk at Texas DPS because of this, although I recently worked for TX DMV and they did a thorough background check. Does this idiotic thing stay on my record forever? I do not feel this is fair because I was unaware my daughter was truant (she pretended to go to school every day and I was not notified).
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,

My name is XXXXX XXXXX I am a criminal lawyer.

Unfortunately, the state of Texas does not expunge criminal convictions. So in order to lessen the effect of a conviction on one's record, the only recourse you'd have is to petition the governor for a pardon. The felony would still show on your record, but it would be stamped as "Pardoned by the Governor" which is conclusive proof that the state's highest ranking political official believes that you have turned your life completely around and has forgiven you

Pardons are very hard to get, but after 6 years without reoffending, you've got a better chance than may applicants, and you owe it to yourself to try. No lawyer is necessary, so you have nothing to lose. Here's where you can find more information about it.

The only other option is also a longshot which is to retain a lawyer to reopen your case and petition to have the matter dismissed in the interest of justice.

This would not be supported by the penal and procedural laws in your state. However, a judge always has power under Equity to grant a petition like that even when the law doesn't provide for it, if it is necessary to prevent an injustice from occurring. So with a particulary compelling argument, if the judge is willing to hear the petition in the first place, it could happen for you.

Courts are sparing in their use of the equity power and many judges will not touch this at all, but it is something you could explore with a local criminal lawyer who would be able to tell you how viable this would be with your particular judge and whether it would be worth the money you'd have to lay out to get it done.

I wish you luck.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17108
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD
Zoey_ JD
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17108 Satisfied Customers
Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.