My public intoxication record does not appear on any local, state, or federal background checks. How should I proceed?
Two years ago, when I was 21, I was arrested for public intoxication. However, there is no record of my arrest or charge at the county court.
I submitted my fingerprints to DPS and the FBI for a background check and was told by both institutions that there is no record for me. I also ran an in-depth 3rd party background check, and searched my information in several online arrest databases and my case does not come up anywhere. However, the PD that arrested me did have an arrest record, which I requested shortly after the occurence.
With that said, in the next six months I will be going through a strict background check to work in a government hospital and would like to know if is there is any possible way this arrest can come up. Assuming there is not, is it still worth trying to get it expunged?
**I should note that a “guilty” plea had been automatically placed on my behalf when my friend paid my bond at my town’s jail. I was later told that the attorney I originally hired missed the window to appeal this plea. Now, whenever I ask him about he just says he’s trying to work it out with the prosecutor.
If a guilty plea was entered, indicating a conviction, you cannot get this Class C expunged. Class C misdemeanors can be expunged only if there is a dismissal or deferred adjudication. I am not sure what this attorney would be trying to work out with the prosecutor if the relevant deadlines have passed.
There is always a chance that this could pop up on a background check, although chances of that are very slim. Also, the Texas Department of Public Safety has a process where anyone can submit any official documentation related to a charge resulting in a conviction or deferred adjudication. Their Quality Control division then enters that information into the database (a “correction”) so it would pop up in a search involving your name and DOB. I don’t mean to scare you, but I just wanted you to be aware that there are ways for Texas DPS to update its database when it didn’t already have certain information.
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