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?
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.
Criminal Defense Attorney
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.
Criminal Defense Attorney
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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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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