Here’s the situation: You did some stupid things in your past and wound up with an arrest and a minor criminal charge. If you were lucky, eventually the charge was either dropped or you got away with some sort of “deferred adjudication" which resulted in a dismissal. The problem is you still have the arrest on your record.
Why is that problematic?
Because if you are changing jobs or applying for some sort of state vocational license or applying at some schools etc., you may well be asked on your applications questions like: “Have you ever been arrested?" or “Have you ever been charged with a crime other than a minor traffic violation?"
Faced with that scenario, what do you do? Do you lie and hope you don’t get caught? Or do you confess your record, try to explain and hope you get the job or license or whatever in spite of this disclosure?
Do you see the conundrum? You’re stuck. “None of the above" is not an acceptable answer.
When I was actively practicing law, I had a steady stream of clients who faced just this sort of situation. Good people, upstanding people, otherwise law-abiding people who suffered from a momentary lapse in good judgment and ended with an arrest and a criminal charge. These people weren’t rapists or murderers. In fact, many of them simply got caught for something that many of us have done in our lives but were not caught.
It has always been a part of my worldview that just about everybody who has made a mistake, is truly remorseful and hasn’t repeated his or her stupidity, needs a second chance. Consequently, I set out to try to help my clients in anyway I could. Fortunately, a colleague mentioned an area of the law known as expunction law (or “expungement" depending on your jurisdiction). That is, in certain limited circumstances there was a legal way to completely erase or expunge a criminal arrest record.
I found that some of my clients qualified for the remedy and so I started to help them with their problems. The results were very gratifying. In many instances clients were able to get new jobs or licenses. It made a real difference in their lives.
It was experiences like this that led me to research and write my book, “The Ultimate Guide to Second Chances: Legal Ways to Erase or Hide Your Criminal Background." And if you are faced with a criminal arrest that maybe holding you back, you would do well to look into the possibility of filing for an expunction.
Even if you don’t qualify for the “whole enchilada" you may be able to have your records sealed or file for an “order of non-disclosure" which does not make your record completely go away (like with an expungement) but makes it much more difficult find.
Something to think about. Something to act on. A good place to start is with “The Ultimate Guide to Second Chances."
Copyright 2006 Daniel Hall
Daniel Hall, a Texas attorney, is author of “The Ultimate Guide Second Chances: Legal Ways to Erase or Hide Your Criminal Background." Find out more about how the book might help you by visiting: http://www.UltimateSecondChance.com/
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