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Would FBI have record of a expunged dismissed Class C misdemeanor DUI case from a Municipal Court?

Edinburg, TX |

Ok, I just asked a question about expungement. Recently, I got an order expungement for a DUI case that was dismissed and lead to no conviction and it listed as a Class C misdemeanor. My question was, since it was at the Municipal Court and it was a class C misdemeanor, would the FBI have record of this? Because I know an expungement will clear me for the state agencies, but I'm not sure how it would affect the case if the FBI has it or if they even have it?

Attorney Answers 4

Posted

Few, if any, Class "C" Misdemeanor arrests get reported to the FBI database, and, even if they did, this is the language straight from the Texas CCP:

(c-1) The Department of Public Safety shall notify any central federal depository of criminal records by any means, including secure electronic mail, electronic transmission, or facsimile transmission, of the order with an explanation of the effect of the order and a request that the depository, as appropriate, either:
(1) destroy or return to the court the records in possession of the depository that are subject to the order, including any information with respect to the order; or
(2) comply with Section 5(f) pertaining to information contained in records and files of a person entitled to expunction under Article 55.01(d).

The above is for academic purposes and is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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5 comments

Asker

Posted

Would the Municipal Court know if it reported my case to the FBI database?

Todd Gregory Lehn

Todd Gregory Lehn

Posted

I doubt it. They probably wouldn't know what happened two months ago, let alone several years ago. But it doesn't hurt to give them a call and ask. Trust me, the Class "C" isn't going to hurt you like you think it will...especially since you got it expunged. Just be honest about it if you're asked and explain that it was expunged.

Asker

Posted

Thank you again, you give good explanations.

Todd Gregory Lehn

Todd Gregory Lehn

Posted

You're more than welcome. Another thing you can do is pay a private investigator to do a thorough background search on you to see if it shows up. Might cost a couple of hundred bucks, but if it makes you sleep better at night then it might be worth it.

Asker

Posted

hmm, where would I find a private investigator?

Posted

The real question appears to be, can you safely answer NO to a question that asks if you have ever been arrested or cited for any violation other than a minor traffic violation (or similar language)? If this is the case, I would error on the side of full disclosure.

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Posted

You should request a copy of your petition of expunction. It should provide a list of all agencies you wished to have them destroy any record of your case. Because you probably only received a citation (vs being arrested) then the FBI most likely has no record of your case to begin with.

My answers are not intended as anything more than an educational response to generic questions posted on this site.

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Posted

You should be aware that orders of expungement only apply to those stated in the order i.e, state agencies etc. A state court judge has no power over the federal government and his/her orders are not binding on them. So that is why these board are full of people on a monthly basis who had expungements and then were very surprised when the military rejected them, or a federal agency/employer rejected them because they found out about their record. As the name suggests, the FBI is the Federal Bureau of Investigation. They may not already have your record, but it does not mean they can not get it.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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2 comments

Asker

Posted

on the list there was also an order for the federal depositories, wheres that exactly?

Golnar Sargeant

Golnar Sargeant

Posted

I can't be sure. You need to consult a local attorney and take the order with you so he/she can read it. See, this is the thing: your question asks if it will be reported to the FBI. Probably not, especially in light of the law that Mr. Lehn cited for you. But that does not mean they can not find out. The order probably says it will not be reported to such and such--that the state Judge can do, because he/she is in fact ordering a state entity to not report it to the feds, and take the action in the statute that Mr. Lehn quoted. That is different than ordering and binding the fed govt not to find out--he/she has no power to do that. Due to the Supremacy Clause of the United States Constitution, the Federal Government is supreme. A state court Judge can not order them to do anything or bind them. The Judge can only order the state agencies not to report it. But again, that does not mean the feds can not find out on their own. As I previously pointed out, these board are full of people on a monthly basis from states with similar statutes to what was quoted above, who are shocked that the feds found out--military, IRS, other federal employers/agencies. What makes it really problematic is when the question you are asked on an application says i.e., were you ever arrested ......the person with their record expunged answers "no" and then not only does the fed find out, now, they're treated as if they're lying. It is probably very unlikely they'd find out about the expunged record, I'm just cautioning you not to act like it is impossible. DISCLAIMER: We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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