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Arrest record shows up after expungement?

Houston, TX |

A friend of mine was no billed by grand jury for a second degree felony-robery in Harris county. His lawyer got his record expunged. The arrest record still shows in private enhanced national criminal background check.s However, it does not show on any of the official texas criminal check websites? Is there a way to clear, seal or expunge the private websites that do offer this information. I mean there should be a legal way get out of this so potential employers who run background check cannot see it.
I am seeking serious legal advice for my friend as I am concerned for his future and future employment. He is about to graduate next year. Any legal advice will be appreciated. Lawyers please leave your contact so I may forward it to my friend to help. Thank you

Attorney Answers 5

Posted

How long has it been since the order was granted? you need to look at the original order signed by the judge and see specifically what entities were ordered to expunge their records. Private companies typically buy their records from government agencies on a quarterly basis. When these companies by the new information, they typically update their entire database like replacing all of the current information with the new information. So, with time this private companies' information should be overwritten which would result in the record not appearing any longer. There are so many private companies to gather and sell this information that this is a common problem.

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Posted

What is the best approach you suggest to have these many private companies update their records?

Posted

He should consult his attorney again. I am sure that he can clear it up with the private company by sending a friendly letter outlining the penalties for not complying and a copy of the expungement order. (see Texas Government Code Sec. 411.085 and 411.0851). Good luck.

Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not intended to be a binding legal opinion nor to create an attorney-client relationship.

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Posted

You've gotten good advice so far, but your friend may also want to consider a positive PR campaign about himself online. That process includes things such as creating web postings that are positive in nature regarding him, having him join social networking sites and posting some information and news about what is going on in his life, awards he has earned, courses he has taken, and the like. By doing this, often the less attractive information gets pushed deeper into the organic search results of Google and the other search engines, essentially burying the information where it is less likely to be found than if it appeared in the first few pages of search results. He may want to consult with an Internet marketing expert in his area for more guidance on that approach. It's just another tool he may want to consider in addition to the legal angles.

I am only licensed in the State of West Virginia. Comments offered in my answers are intended strictly for the purpose of sharing ideas that person asking a question may want to consider. Legal advice can only be given by an attorney licensed in your state and offered in the context of the attorney client relationship. No attorney-client relationship is offered or created by my answering this question.

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Posted

Send threatening letters to the various search engines along
with the court order expunging the records.

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Posted

You've described a very common problem with the expungement process. The process is not perfect, but the other lawyers give good advice on how to plug the holes your friend is experiencing with the private data bases.

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