Skip to main content

I found my name on one of the criminal data bases. It said that at one time I had been arrested. I have never been arrested.

Austin, TX |

I paid to have it expunged, because I did not want a false report out in the universe. I was devastated to say the least. I called the courts, and they said they were very confused as to why this was ever reported about me. They said it may have been meant for a person with my same last name. I was told they would research and call me back. I haven't heard back. Being that it should be expunged, I'm afraid the records will be destroyed before I can get to the bottom of this. My name,and false arrest record, are on many data bases, and I teach school.! What can I do? Do I have a case against the county for this false report about me? Is there someway I could seek to be reimbursed for the $1800. I paid to have it expunged? I would really like is a letter from courts saying this was untrue.

Attorney Answers 2

Posted

Unless the entry of the erroneous information was malicious you are unlikely to get reimbursed.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

Mark as helpful

Posted

In Texas, it is your responsibility to notify third party (non-state entity) data bases about the expungement order. (You provide the name and address of the company, and they get served with a copy of the order. If the company fails to follow the order and remove your name, then you have a remedy against that company. Your expungement attorney should be able to help you with all this. It is often difficult to keep up with how many companies may have obtained the arrest records from the government or from other third party data providers. Some of these may even be from sources that you can't really expunge. If a newspaper reports your arrest on a certain date, and someone sees that in an old newspaper in a library or historical collection of newspapers, there is just no way anyone can know where all those newspapers have gone.

Expungement is more about your official governmental criminal history. You can seek database providers to correct their data or even to verify it and if the matter is truly expunged they should remove their entry. Further than that, I would suggest that you add them to the expungement order service list.

Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or even will represent the client. Responses to questions are provided and based upon the facts as stated in the question. While attorneys attempt to make a complete and accurate response, there is no guaranty or warranty that the response is correct. You are encouraged to seek qualified counsel, licensed in the state(s) which have jurisdiction over the matters for advice. You are also encouraged to be careful as to your postings as the postings are not confidential.

Mark as helpful

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics