Legal Advice - Motion for Non Disclosure

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errant_pass

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I need legal advice regarding a motion for non disclosure. In 1981, when I was 18 years old, I was arrested in Travis county for stealing street signs. I received deferred adjudication in 1982. It was explained to me, by both the judge and my attorney, that upon completion of community supervision my record would be wiped clean and I could lawfully deny the arrest and prosecution.

For the past 26 years, that's what I've been doing. On applications for colleges and jobs, to the question "have you ever been convicted of a crime," I have always said no. But recently it has come to my attention, quite by accident, that there is a record of my arrest in an online criminal records database.

I contacted an Austin attorney a month ago (I live out of state) about filing a motion for non disclosure. They said the first step was to pull the records. As of today, they still haven't pulled the records. They say they are waiting on the clerk. I find it hard to believe it takes a month to pull my records, but short of contacting another attorney and starting the process anew there's nothing I can do about it.

I am kind of in a hurry because I hold a government job in another state and will be undergoing a criminal background check in a few months. I have undergone such checks before and have always passed. But this go round I am concerned.

My two questions are:
1) if I contacted an attorney a month ago and they still haven't managed to pull the records, should I consider another attorney? At this point, I don't even know whether it was a class A or class B misdemeanor. It's been so long I can't remember.

2) If I file a motion for non disclosure and the motion is granted, I understand that DPS will still share my data with specified state agencies. But how about out-of-state government agencies? When motions for non disclosure are granted, does DPS make criminal records available to other state governments?

Any help anyone could provide would be greatly appreciated. Thanks!
 
That would certainly be preferable, but my understanding is only class C misdemeanors can be expunged. Perhaps it WAS a class C misdemeanor. That's why I need the law firm to go ahead and pull the records. At this point I just don't know.
 
Class B misdemeanors can be expunged also. I would call and try to light a fire under their *** as politely as possible because it takes several weeks or possibly months to get it expunged.
 
What kind of community supervision did you have? If you had deferred adjudication (not sure that this was an option in the 80's) and you sucessfully completed probation, you haven't been convicted of a crime. When you plea they say, "I defer a finding of guilt." This is the point of deferred, if they look at your record it would reflect such a conviction.

Might not be a bad idea to go the other avenues. Also, if you already have a government job, I am sure that they know that you were on probation. I can't imagine a government job where they wouldn't have run a check before hiring you.
 
It isn't the Secret Service that is going to be checking, is it? You havn't spoken with Senator McCain lately, have you?
 
Yes it was deferred adjudication. And yes, the "disposition of case" shows "deferred."

It was honestly not my intention to hide anything or deceive anyone. Had I disclosed the arrest when I initially filled out the paperwork for my current position, it would not have impacted my fitness for the position. I'm 45 years old and was arrested when I was 18. It was a stupid decision but it was a prank, it happened when I was a young man and I paid my debt to society many, many years ago.

But when I found out there was a record of my case, I looked up the application I will be required to fill out in a few months to extend the period of my license. One of the questions they ask is, "Have you ever pled nolo contendere to any offense?" or words very similar to that. This will not be the first time the state agency in question has received paperwork from me. This WILL be the first time I answer yes to the question (unless it turns out I can get my record expunged or unless it turns out DPS does not share info with other state governments).

So the danger is, I am accused of having falsified information on previous applications. Again, this isn't something I've thought about a lot over the years. But this summer I went out with a woman I met on an online dating site who ran a background check on me. She thought it was kind of amusing and shared with me the fact she had discovered I was arrested for larceny 27 years ago. If it wasn't for her discovery, I wouldn't be worrying about any of this.

As for the different types of background checks, most states, including this one, have intensified their procedures.

Thanks for the replies.
 
I recently did this and my attorney gave me a list of the agencies that can get you records. Check this link.
link to code Sometimes I think it would have been better to be convicted , then I could of had it expunged. Twenty years later and im still paying for my old screw ups.
 
This is a pretty good summary of the law on expunction and non-disclosure.
The Link

Your deferred adjudication was not a conviction so you were never dishonest in stating that.
 
This isn't an answer to your question, but I was wondering what your thoughts were about this woman running a background check on you?
 
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