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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.

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Attorney answers 2


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

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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.

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