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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13507
Experience:  Experienced in multiple areas of the law.
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I was convicted in ~ 1977 for embelizment - I served 6 mths

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I was convicted in ~ 1977 for embelizment - I served 6 mths in a Federal Correction Instituation and completed my 1 year sentence with probation. I do not have any documents or information at hand to file for an expungment - I am in the process of working for a church day care and they want all employees to be finger printed. Will this show up on the finger printing process and how would I go about having this removed from my records if I have no documentation - I do know that the Judge in Houston, TX was Judge Poe, who has since decesed.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 6 years ago.
Thank you for your question.

Right now, your conviction as well as arrest and the court case would show up in a background check. Texas law does not allow a person convicted of a crime to expunge their record, however you can motion the court to set aside your conviction. If the petition is granted, the convicted is dismissed and you can lawfully tell an employer you were not convicted. Whether it would show up in a background check at that point depends on the scope of the background check (as there are many different kinds). A background check of convictions would not show a record of a conviction that had been set aside; but a background check that searched for arrest records would still show the arrest and dismissal of the conviction.

I have not found the forms online for you to be able to do this yourself, nor do I recommend it. If you are serious about having your conviction set aside, you should consult with a criminal defense attorney to assist you. Don't worry if you don't have the information, because a lawyer can help you find it. The records would be on file (and I'm sure in storage at this point) in the county where the case was heard, but they should still be available.

The process basically works like this -the motion for setting aside the conviction is filed with the court. The district attorney has the right to objection to any such motions (it is rare, but the state has the right to do so). An attorney would typically file a written response to such objections. There is a hearing on the motion where the judge can hear from both sides, and then determine if the motion should be granted. Given the length of time that has passed and assuming you have avoided trouble since, I don't foresee any problems. Once the order is signed, the records are changed to show a dismissal of the conviction.

The whole process unfortunately doesn't happen quickly -it usually takes several months to handle such a process meaning if your employer intends to do a background check now, they will see the conviction.

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