Reported History Question

[SewTexas]

but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...

[jbarn]

Gonna ask my attorney as well as DPS.

[WildBill]

but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...

If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?

[SewTexas]

but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...

If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?

personally, I agree. But alot of people are saying report it, sooo....

[cb1000rider]

See, this is why LEOs are so powerful. It's not the courtroom that I worry about, it's the aftermath of the arrest itself that will inherently cost thousands to the otherwise lawful citizen... I consider an arrest to be at least $10k out of my pocket in legal fees - expungements, legal clarification, defense, bail, etc.

If I was a criminal, I wouldn't care. I'd pay my bail and be on my way...

[WildBill]

but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...

If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?

personally, I agree. But alot of people are saying report it, sooo....

I am just giving my opinions for argument sake. I am not advising people what to do.

I just think the whole thing about having to report an arrest when it the charges were dismissed or you were not found guilty to be totally against the concept of "innocent until proven guilty." I thought this was one of the basic foundations of our justice system.

[jmra]

but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...

If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?

personally, I agree. But alot of people are saying report it, sooo....

I am just giving my opinions for argument sake. I am not advising people what to do.

I just think the whole thing about having to report an arrest when it the charges were dismissed or you were not found guilty to be totally against the concept of "innocent until proven guilty." I thought this was one of the basic foundations of our justice system.

Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.

[WildBill]

Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.

Me neither, but it still bothers me. I didn't think that simply getting arrested was a crime.

[jmra]

Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.

Me neither, but it still bothers me. I didn't think that simply getting arrested was a crime.

I don't exactly understand it myself. I'm a firmed believer in innocent until proven guilty.

[Oldgringo]

but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...

If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?

personally, I agree. But alot of people are saying report it, sooo....

I am just giving my opinions for argument sake. I am not advising people what to do.

I just think the whole thing about having to report an arrest when it the charges were dismissed or you were not found guilty to be totally against the concept of "innocent until proven guilty." I thought this was one of the basic foundations of our justice system.

Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.

Me too. If it ain't in writin' (records), it never happened; IOW, DADT.

[Oldgringo]

but this isn't a dismissal nor was he found not guilty, it was expunged, it's suppose to be GONE. I would say you could do it either way? I don't know...

If you are found not guilty, your arrest doesn't go away. Legally, if was expunged, it never happened. Why would you report something that never happened?

personally, I agree. But alot of people are saying report it, sooo....

I am just giving my opinions for argument sake. I am not advising people what to do.

I just think the whole thing about having to report an arrest when it the charges were dismissed or you were not found guilty to be totally against the concept of "innocent until proven guilty." I thought this was one of the basic foundations of our justice system.

Fortunately I've never been arrested so it's not a moral or legal dilemma I've had to deal with.

If it ain't in writin' (records), it never happened; IOW, DADT.

[CoffeeNut]

If it's expunged then it should be gone and, IANAL, it shouldn't have to be disclosed nor should it be used against you.

[Keith B]

There are many times that even though the item is expunged it still will show up on a background check. If you were arrested you should list it. Get a certified disposition from the court where the event occurred, even if it shows no records found, and send that along.

[CoffeeNut]

There are many times that even though the item is expunged it still will show up on a background check. If you were arrested you should list it. Get a certified disposition from the court where the event occurred, even if it shows no records found, and send that along.

Maybe this should be addressed in a legislative session then? Why make people spend thousands of dollars if they want to have their record/name cleared only to force them to submit information that shows they were arrested because the state can't purge it's systems?

Didn't mean to get off topic to rail on the bureaucracy.

[jbarn]

There are many times that even though the item is expunged it still will show up on a background check. If you were arrested you should list it. Get a certified disposition from the court where the event occurred, even if it shows no records found, and send that along.

A real expunction will not show on a background check.

An expunction orders all traces of the arrest to be destroyed.

Texas Code of Criminal Procedure
Art. 55.04. VIOLATION OF EXPUNCTION ORDER.
Sec. 1. A person who acquires knowledge of an arrest while an officer or employee of the state or of any agency or other entity of the state or any political subdivision of the state and who knows of an order expunging the records and files relating to that arrest commits an offense if he knowingly releases, disseminates, or otherwise uses the records or files.
Sec. 2. A person who knowingly fails to return or to obliterate identifying portions of a record or file ordered expunged under this chapter commits an offense.
Sec. 3. An offense under this article is a Class B misdemeanor.

Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final:
(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;
(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and
(3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

He does not have to disclose it, and if a record is found he has a cause of action. DPS would not be able to deny the license.