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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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If my husband has an Order Dismissing Deferred Proceedings,

Customer Question

If my husband has an Order Dismissing Deferred Proceedings, why is the arrest still showing on his record. There is no record of anything else, just the arrest. This has stopped my daughters application to be a foster parent. We need the arrest removed completely.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

Arrest records are not automatically expunged. Now it's a good thing that this is able to be expunged in Texas (most records are not eligible). Records eligible for expunction include: i. An arrest for a crime that was never charged; ii. A criminal charge that was ultimately dismissed; iii. Certain qualifying misdemeanor juvenile offenses; iv. Conviction of a minor for certain alcohol offenses; v. Conviction for Failure to Attend School; vi. Arrest, charge or conviction on a person’s record due to identity theft by another individual that was actually arrested, charged or convicted of the crime; vii. Conviction for a crime that was later acquitted by the trial court or the Criminal Court of Appeals; viii. Conviction for a crime that was later pardoned by the Governor of Texas or the US President.

You can find the process and forms for expunction here: http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/86CCFF45-FEA3-4DC4-BD7B-6F4590CE5352/expunction_kit_final.pdf

Again, even though the proceedings were dismissed, that doesn't mean all records were expunged. This process above also needs to be completed for that to happen.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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