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Aaron Paul
Aaron Paul, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
Experience:  Attorney since 2003; Public defender for 30+ months with daily courtroom experience
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Im trying to help my brother out with a problem his wife has.

Resolved Question:

I'm trying to help my brother out with a problem his wife has. She was recently denied employment due to a Misc-B charge on her record in Collin Texas. Can this be expunged?
Case History
Case Number:     002-82940-01     schedule
microfilm
     
Current Status:     CASE DISPOSED                        
Defendant:     MCWHORTER CHRISTINA                       
Court:     County Court at Law #2                       
Judge     XXXXX XXXXX                       
Defense     TIM W AVERY                       
Court Appointed     Yes                       
Arresting Agency     COLLIN COUNTY DA'S OFC.                       
Offense date     10/23/2000                       
Charge:     23990033   THEFT >=$20 <$500 by Check 94                       
Severity     MIS-B                       
________________________________________

     Event ID     Orders of the court     Date     Note
     110     Case Filed by Information/     05/24/2001     
     315     Capias Issued Unapprehended     06/05/2001     
     326     Warrant Executed     10/31/2002     
     113     Notice to Appear Issued     11/06/2002     
     194     ORDER FOR COURT APPOINTED ATTORNEY     12/20/2002     
     230     First Appearance 12/20/02 9:00     01/06/2003     
     131     Passed     01/06/2003     
     470     Convicted-Guilty Plea-No Jury     01/23/2003     
     823     Time Served Credit 1 DAYS     01/23/2003     
     825     Sentenced to Fine $25.00     01/23/2003     
     827     Sentenced to Court Costs $260.25     01/23/2003     
     1     Comment EXT OF PYMT AGRMT     03/04/2003
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Aaron Paul replied 9 years ago.
HelloCustomer Hopefully I can help answer your question.

It appears that your brother pled guilty to theft, which is a Class B misdemeanor in Texas. Unfortunately, because your brother pled guilty to a misedemanor other than a "C" misdemeanor, he is likely not a candidate for expungement.

Article 55.01 of the Texas Code of Criminal Procedure can be found HERE.

Texas does, however, have a non-disclosure option, but only if deferred adjudication was granted to your brother. Non-disclosure would mean that he would only have to mention the conviction in certain circumstances.

My advice to you, and to him, is to speak with a Texas-licensed attorney who is experienced in expungements. Almost every attorney will give you a free consultation on your legal issue if you ask. There also may be other facts that you are not aware of and don't show up on this disposition document you have that might be helpful. Speak with a Texas attorney on this could be helpful!

If you found this information helpful, please click Accept below; it is the only way I get credit for answering. I will be happy to answer any follow-up questions you may have, even after you have accepted my answer.

Thanks, XXXXX XXXXX luck to your brother!

Aaron
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