Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I was convicted in ~ 1977 for embelizment - I served 6 mths

Customer Question
in a Federal Correction Instituation...
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: 7 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 24 minutes by:
10/3/2010
Criminal Lawyer: RobertJDFL, Lawyer replied 7 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,210
Experience: Experienced in multiple areas of the law.
Verified
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.


PLEASE HONOR THE HONOR CODE. If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.Otherwise, please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept (even if you put down a deposit or have a subscription). A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,210
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,210
14,210 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

14,210 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Why would a federal judge in Ohio seal a the sentencing
Why would a federal judge in Ohio seal a the sentencing memorandum of a person convicted of healthcare fraud and money laundering for $34-million? From Pacer.gov- SEALED Document: Sentencing Memorandu… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
I solicited a last night. We exchanged text messages, along
I solicited a prostitute last night. We exchanged text messages, along with face pics. We agreed upon price and the act. We did meet in my car, but I backed out. No money was exchanged, and no sexual … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I was solicited by a minor on a dating website claiming to
I was solicited by a minor on a dating website claiming to be 26 i later discovered through texting the minor was 16 and was trying to produce a pornographuc video to send me i was informed of thus by… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
A friend was charged with criminal possession of a firearm,
Good afternoon. A friend was charged with criminal possession of a firearm, it was pled down to "attempted criminal possession of a firearm", and he received a 2.5 year sentence. He has already been i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Is there some law that will stop a defended being sentenced
Is there some law that will stop a defended being sentenced to prison time if under 27 and has drug charges… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Can you be busted for solicitation if you offer someone
Can you be busted for solicitation if you offer someone money for sex in a text or email? If so, is there a specific way you'd have to ask in order for it to be illegal? For example, using "sugar dadd… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was recently caught at a sting operation for soliciting a.
I was recently caught at a sting operation for soliciting a prostitute. I had money on me and agreed to a fee via text. I would like to hire a criminal defense attorney but want recommendations for co… read more
RobertJDFL
RobertJDFL
Lawyer
14,210 satisfied customers
If a sentencing order states:" Sentenced to six years to be
If a sentencing order states: " Sentenced to six years to be served concurrently with revocations of his/her probation in cases A and B"... does this confirm that the sentences count as one incident o… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
After being sentenced 6 years in a criminal felony charge
After being sentenced 6 years in a criminal felony charge and the public defender Attorney say they will appeal the Charges How do you know The public attorney had filed the appeal and how may days do… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x