Expunctions for Identity Theft and Dismissal of Charges

Identity theft, like I said, another one handled by the state. They are going to need some help on that. All the client has to do is file an application and give them their fingerprints and so the DA is supposed to match up the fingerprints that they give them with the arrested person’s records and once they determine that they will the court order expunction. There doesn’t even have to be a hearing, just an order. And the only other requirement is the person has to sign the statement saying,” They did not give the person who used their identity, permission to use their identity”

And there are a couple of other things you’re not going to run into too much but from minors there are certain convictions that you kind of get a free beyond. If you have one conviction while you’re minor and it’s not anything after that then you can get one conviction expunction. That’s going to apply to things like MIP, Juvenile cases, that happen in JP and muni courts class ‘C’ misdemeanors [inaudible] cases, tobacco cases, and this is an interesting one, this is not just for minors this is for everybody. Everybody gets a mulligan on consumption of alcoholic beverage on premises licensed for off-premises consumption. Does anybody know what that is?

what that is, is when you go to the convenient store and you see the sign that says,” it is a crime misdemeanor to consume liquor/beer on these premises” I always like that sign anyway because coz it is like,” it is a crime but it’s just a misdemeanor” well, not only that but you also get a free conviction on that. If you do get convicted of it you could still get an expunction. The only thing you can be convicted of and still get an expunction without going through the pardon process and so forth.

Now, dismissal expunction! This is the one that’s going to be 99% of the expunctions that you do. And it’s all derived from the court of criminal procedure 55.01(a) (2) and you follow along with me. It says,” a person is entitled to have all the records of the arrest expunged if, the person has been released and the charge of any has not resulted in final conviction, no longer pending and no court order community supervision under 42.12 for the offense, unless it’s a class C misdemeanor. Now this is going to apply in situations where you have either the case with filed and later dismissed or if the person was arrested and there were no charges filed. So this is going to be when you have no information or indictment or if the grand jury issues no bill. If it was dismissed really for any reason, pretrial intervention does not count as community supervision under that clause we just read so a pretrial intervention program will afford a person the opportunity to get an expunction as soon as they can plead that program.

Francisco Hernandez

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