Legal Question in Criminal Law in Texas

Criminal Record

How long does your information for a criminal offense misdeamoner A,I think , stay on your record as far as these criminal background checks go. I applied for a job that required a criminal background investigation and my name came up. I had a marijuana conviction, less than ounce in 1998. Do iI need an attorney to tried to get this information removed or does it stay there permanately?


Asked on 10/22/02, 10:36 am

1 Answer from Attorneys
Laura D. Heard Law Office of Laura D. Heard

Re: Criminal Record

Generally, if you have been convicted of a crime as an adult, you cannot get it "removed" from your record. The legal term for the removal is "expunction," and in Texas you can only get a conviction expunged if you subsequently won on appeal or were pardoned. Otherwise, you would have to show that you were acquitted (found not guilty) or that you were never given any type of sentence, including probation or deferred adjudication, for the crime. Background checks may go back to varying numbers of years, depending on the reason for the check (what kind of job, etc). Some employers may go back 4-5 years, others may check back 10 years. Depending on the type of job, it could be that a misdemeanor is not relevant to the job and should not be a roadblock.

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Answered on 10/25/02, 11:46 pm


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