MFND/expungement & the supposed $1000 penalty

Asked about 4 years ago - Austin, TX

If a 3rd party data miner refuses to update their records to reflect the MFND, then how does one pursue having the business fined?
Per their Owner "expungment does not mean the record did not exist. your state
has no case law that requires private companies to remove Criminal Records
purchased through any Jurisdictions.The order you have only dis-allows federal and state agencies from reviewing or using the file, Again Nothing pertaining to private companies.
We have implemented a new policy regarding the removing of criminal records
do to an expungment order. We will not remove information that exists in
our databse for any reason unless we get a direct order to do so from the
jurisdictional court where the record occurred and placed judgment on the
case."
I want the State to fine him.

Additional information

I don't think citizens should have to run in and out of court to make sure all these 3rd party data companies update their records. There are 1000s of these companies. I guess I have to submit this to the TX AG's office and the FTC. There are laws governing criminal history records and this guy cannot just make up his own convenient policy. Sec 411.085 TX Gov't Code states it could be a felony or misdemeanor.
~Thank you for your totally awesome advice Mr Bennett. The language on the MFND is same as on yours. It was filed in of May this year. You can read here the company:
http://www.expertlaw.com/forums/showthread.php?t=34157#post425561
(Just so you know who to be on the look out for.) I would love to see this company shut down or removed from the DPS cycle.

Attorney answers (2)

  1. Mark W. Bennett

    Contributor Level 10

    1

    Best Answer
    chosen by asker

    Answered . I presume, since you used the phrase a couple of times, that you're talking about a nondisclosure order rather than an expunction.

    Few questions:

    When was the nondisclosure ordered?

    What is the company?

    Did your order include the language in the sample nondisclosure order to which I link below? (I know it's the Harris County DA's Office, but this order is good; I wrote it.) If so, the company may be in contempt of court for violating the order.

    The penalties for publishing order subject to an order of nondisclosure (or an expunction) are in Section 552.1425 of the Texas Government Code: first a warning, then $1,000 per violation. The AG or prosecutor can sue to collect the penalty. A private lawyer might be able to convince the judge to issue the warning.

    Section 411.0835 directs the DPS not to release criminal history information to an entity that has been found to have released expunged or nondisclosed case information three times. If I were the lawyer on the case, I would look into finding three people whose records were being released after having been sealed by the same court, and shutting the company down for a year. In fact, if you'd like to email me with the company's name, I might do that just for kicks.

    If you don't want to go to those lengths, and you just want to get your information removed, telling the company about section 552.1425 and 411.0835 might solve your problem.

  2. Mekisha Jane Walker

    Contributor Level 15

    Answered . There is a difference between an expungement order and an order on a petition for non-disclosure. But either way, if that party is not listed in the order that the Judge signed, they can not be ordered to abide by that order. These private companies update their data bases usually quarterly, and buy their information from DPS. If your record has been expunged with DPS, then it is likely, your record with the private company will drop off the next time they buy the info. This is very common. You should call the attorney who helped you with the expungement and see what they have to say. Good Luck.

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