How to obtain and original copy or court certified copy of a complete arrest record and disposition
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How to obtain and original copy or court certified copy of a complete arrest record and disposition
Hi,
My father was arrested in 2013 for selling alcohol to a minor. His court case was
settled in Galveston county Texas. I am not sure of all the details of
disposition, however he did community service for a few months and his court
assigned attorney said this arrest record will be removed from his record. He is
applying for US citizenship now and the form is asking to provide a complete
arrest record. Since his arrest is removed from his record should he still submit
a proof of his arrest and disposition? If so, where can he obtain this?
Asked on March 4, 2016 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Expunctions tend to be Catch 22's because it can be difficult to prove what happen after each agency deletes records as they should after an expunction order.
Your first step is to see if the record was actually removed. Call the district and county clerk where your dad's charges were handled. (Make sure you call both... because cases can sometimes fall in both by accident). Ask them what their procedures are for (1) doing the search and (2) for obtaining copies. The procedures vary from clerk to clerk in the state of Texas. If they say that no records are located, ask them to certified a document of 'no records founds,' so that you have proof that the records no longer exist. You may also want to reach out to the DA's office that handled the expunction to see if they have any other relevant records.
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