Starting today, I can finally say I've never been arrested.

Well, I have been dealing with something that happened back in 2006 when I was still a teenager. I was into the party atmosphere and didn't care much about my future. Without going into much detail, I ended up with a criminal record back then. (nothing violent or DWI or theft related BTW). I've never been denied a job because of a record but it was still floating around out there.

Fast forward to a few months ago. I live in Texas and there's this little form that we have called an "order of non-disclosure". Essentially, this seals a persons criminal record from the public. However, law enforcement and a few government agencies can still see it. (I have no interest in employment related to those agencies anyways, so that doesn't really have an effect on me). After spending a good chunk of cash on an attorney, the order was sent to the courts for the process to begin. Aside from just a very few stories on the internet, I have not personally known anyone that has gone through this process before, so I kind of felt like I was in the dark on what all would happen. While it was still in the courts, there was that little bit of nervousness in the back of my mind. (What-if???)

Well, I got a call earlier today saying the non-disclosure was granted. I can finally say I've never been arrested, and have no criminal history at all!

a reply to: buni11687

Could your record have any future effect on international travel?
If it still exists, as in, hasn't been pardoned, I'd look into that.
I've watched lots of Border Control on Discovery and it's quite frequent that people are barred entry into a country for having decades-old records.

originally posted by: ADAMandEVIL
a reply to: buni11687

Could your record have any future effect on international travel?
If it still exists, as in, hasn't been pardoned, I'd look into that.
I've watched lots of Border Control on Discovery and it's quite frequent that people are barred entry into a country for having decades-old records.

Possibly. I think it would depend on whatever country I'm going to visit. There's nothing stopping me from getting a passport currently, but I have no intention of visiting another country anytime soon though.

Never been arrested?
You are an exotic creature.

Forgive me, it's late & I'm liable to be confused here. If the record stands, albeit sealed, without being expunged, doesn't that still translate to having been arrested at some point? Just because no one but LEOs/gov can look doesn't mean the record is not there, correct? So wouldn't saying you've never been arrested, in any conversation context (not job app) kind of be a lie?

a reply to: buni11687

Today, TPTB seem to love to penalise ordinary people even after, if they have committed a crime and been punished. There is no closure as you point out on the arrest stain.

Its amazing how if you are a wealthy pop singer who is renowned for being stoned out your head in the past and probably still today, you can travel around no problem with entry its just a matter of where you are on the 'acceptable social scale' , which is actually discrimination.

I do feel that after someone has done something wrong and been punished e.g. with a jail sentence then that should be the end of the matter for non-violent crimes. If one is perceived to be a threat to society due to recurring violent behaviour or obviously paedophelia etc then there is need for a warning against their name. But for everyone else, there is a time when the record should be wiped clean and its all over and done with completely. A mistake was made, dealt with and the individual moved on as a respectable citizen, people are robbed of ever regaining that respectability with society as it is.

With computers talking to each other especially within Government Departments how do we know someone hasn't accessed or been sent 'by a governmental well-wisher' someone's crime reports regardless of whatever steps the public think they have taken to get their slate wiped clean? What we are promised by government and what we get are two different things.

originally posted by: Nyiah
Forgive me, it's late & I'm liable to be confused here. If the record stands, albeit sealed, without being expunged, doesn't that still translate to having been arrested at some point? Just because no one but LEOs/gov can look doesn't mean the record is not there, correct? So wouldn't saying you've never been arrested, in any conversation context (not job app) kind of be a lie?

This is what the state of Texas says.

www.statutes.legis.state.tx.us...

2) "Criminal history record information" means information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions.

(g-2) A person whose criminal history record information has been sealed under this section is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of an order issued under this section.

(g-3) A court may not disclose to the public any information contained in the court records that is the subject of an order of nondisclosure issued under this section.

I guess in a peer to peer conversation, it's up for debate. Obviously, a few of my personal friends know about my past and they will always know about it. If Joe Public comes up to me sometime in the future and asks if I have a criminal record, Im going to do what's in my best interest and say no.

ETA - Ethically, yes. It would be a lie IMO. Legally though, no, not a lie.

I think it's a great thing that you were able to get this done. You deserve it. It was nearly 10 years ago, you probably learned your lesson back then and for the past decade of just having the record hanging over your head. You deserve to be set free from the stigma. You have a life to live, and UNLESS you have molested a child, killed someone or raped someone you should not have to carry a record for the rest of your natural life.

a reply to: buni11687

But you do obviously, you just admitted you do.

So you are happy you can lie, and use a legal loop hole to see it look like you are telling the truth?

Hey, I have never been arrested and have no criminal history.

I don't even have to add qualifiers, I'm actually being totally honest, because I truly have none.

You see the difference?

Integrity dude.....

a reply to: johnwick

Ok, I take your point, but are you sure you have never done anything wrong regarding the law?

How about speeding, you never broke the speed limit in your life? Are you 100% truthful on your tax return. Have you every jaywalked, Licenced your car or tv whatever late, taken more change from a cashier without pointing out their error? I could go on and on with examples of where virtually everyone breaks the law even unintentionally.

Now some people, would say they have been booked for trivial things, perhaps you are lucky or very very good - I don't know but you seem awfully black and white and surely a petty crime committed by a young person shouldn't reflect a criminal tendency throughout their entire life? To err is human remember

a reply to: buni11687

Lucky you did stupid stuff in Texas! I have a felony in Arizona for possession of marijuana from 15 years ago. The same amount now isn't even a crime,it's a fine. But Arizona doesn't offer expungement. Unfortunately I'll always be a criminal without having had committing an actual crime

originally posted by: buni11687
www.statutes.legis.state.tx.us...

(g-2) A person whose criminal history record information has been sealed under this section is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of an order issued under this section.

ETA - Ethically, yes. It would be a lie IMO. Legally though, no, not a lie.

I'm no lawyer, but to me that reads as being that nobody can compel you to disclose *why* you were arrested, but I'm not exactly seeing it freeing you from disclosing that you *were* arrested. Most job and housing applications have a "Have you ever been arrested?" yes/no checkmark box question. Below that is some manner of "If you marked 'yes' above, please explain why you were incarcerated, for how long, and current status (i.e. on parole, probation, etc.)" essay question. I think what this does is provides some legal backing to allow you to be truthful with an interviewer, "Yes, I was in jail", but you can't be penalized by following up to that with "My record has been sealed, so I'm under no requirement to answer further questions related to it."

a reply to: burdman30ott6

I'm no lawyer, but to me that reads as being that nobody can compel you to disclose *why* you were arrested

If you can make anything out of that statute you a better man than me .

a reply to: burdman30ott6

I've talked with lawyers on this, it's essentially always pleading the 5th. Texas statute will conceal the record from any public or private inquiry. Only federal government inquiries can access it, usually.

originally posted by: Vector99
a reply to: burdman30ott6

I've talked with lawyers on this, it's essentially always pleading the 5th. Texas statute will conceal the record from any public or private inquiry. Only federal government inquiries can access it, usually.

OK, so if someone is asked on a legal form "have you been arrested" and they heck "NO," is that fraud according to Texas law?

a reply to: burdman30ott6

no

* unless it's a federal government inquiry

a reply to: burdman30ott6

In order to receive an order of non-disclosure, the applicant must have been placed on deferred adjudication. Deferred adjudication is a type of community supervision that differs from regular probation. Regular probation results in a conviction, while deferred adjudication does not, unless if the person messed up and the judge proceeds with adjudication of guilt. If someone on deferred tried to apply for an apartment for example, and on the background check form they are asked "Have you ever been arrested?", the answer would be yes. It would be no for "Have you ever been convicted?"

After being granted the order of non disclosure however (must be after successful completion of deferred, among other requirements), the applicant can legally say no in regards to "Have you ever been arrested?"

ETA - This is only in regards to Texas law. Every state is different.

Seeing as this isn't a known subject to many, it would be wise for all to check up on state statutes for expungement in your state. It could save your kids a LOT of hassle for doing something stupid.

Here is my current problem, and it will never go away unless AZ law changes

What does a criminal record show when a conviction is set aside or expunged?
The law does not require that a conviction be removed from a person’s criminal record. It is required that the record show that the conviction has been set aside. When a conviction is expunged or set aside in Arizona, a records check will probably show the original charge and conviction. However, it should also show that the judgment was vacated and that an order of dismissal was entered.

source

My felony will never go away under current AZ law. Had I been caught a few years later with some pot, it would not only not be a felony, but not even a criminal charge at all.

My advice to all is to look into your state laws regarding legal issues and ramifications. you don't think about it until your 19 year old kid gets caught with a life-changing bag of personal pot.

originally posted by: Shiloh7
a reply to: buni11687

Today, TPTB seem to love to penalise ordinary people even after, if they have committed a crime and been punished. There is no closure as you point out on the arrest stain.

It's a record for future reference should that be necessary. Quite rightly so. If the crime was paedophilia you would not want it removed from the records, or beating up your husband/wife. Crime is crime. You should never escape from your past criminality.

a reply to: paraphi

Certain crimes are ineligible for expungement. They covered that.

originally posted by: paraphi

originally posted by: Shiloh7
a reply to: buni11687

Today, TPTB seem to love to penalise ordinary people even after, if they have committed a crime and been punished. There is no closure as you point out on the arrest stain.

Crime is crime.

my crime is possession of marijuana. Not with intent to distribute. Just possession of marijuana. It was a felony at the time, and I was 19. Is that really a crime? it's legal in some states now, and decriminalized in the amount I possessed in the state I was convicted in.

But I'm a felon, and a criminal right? It should never go away.