IDENTITY THEFT

Dallas Expunction Lawyer

Dallas Expunction Lawyer

There are three major types of expunctions:

  • Acquittals & Pardons
  • Dismissals & No Bills
  • Identity Thefts

Identity theft is a growing problem in Texas, and the law has changed to accommodate the victims. Under Article 55.01(d), a person may have all his identifying information expunged from an arrest record if:

  • The information was falsely given by the arrested person without consent, and
  • The only reason the information is in the record is that the arrested person falsely gave that information.
Unlike most expunctions, subsection (d) only provides for expunction of the personal identifying information from the arrest records.  This includes such information as the person’s name, date of birth, address, driver’s license number, and social security number.  The arrest record itself and al other information about the crime could remain.  Thus an agency responding to an expunction order under subsection (d) does not destroy its records or return them to the district clerk, as in a typical expunction, but merely deletes or replaces the identifying information.
Furthermore, the second provision of subsection (d) requires that the only reason for the information being contained in the records is that it was falsely given by the arrested person as his own information.  This subsection does not cover a situation of wrongful arrest.  If the arrested person seeking the expunction is the same person who was actually arrested, even if some mistake led to the arrest, subsection (d) does not apply.  Only the false use of another’s information by the arrested person is covered.

Filing Requirements

Filing for identity theft expunction under subsection (d) is very different from petitioning for any other type of expunction.  Other types of expunction petitions are handled together in the statute, but identity theft expunctions have their own section.  Article 55.02, Section 2A deals exclusively with identity theft expunctions.

A petition for identity theft expunctions may be filed in the country in which the petitioner resides, regardless of where the offense or arrest occurred.  It must be verified and include all the same identifying information as other expunctions contain.

A petition for identity theft expunction must also include the petitioner’s authenticated fingerprint records, and a statement that he was not the person arrested and did not give consent for the arrested person to use his information.  After all of the required information is submitted to the attorney representing the State, the responsibility shifts from the petitioner and to the State.

Contact

Dallas expunction lawyer Constantine G. Anagnostis has extensive experience helping individuals clear their records.  An arrest for a criminal offense can have major consequences on one’s future. There are, however, certain options available to remove a criminal charge from your record. A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or a misdemeanor may be entitled to have all record and files relating to the arrest expunged. After an expunction order is granted, the petitioner may, for most purposes, deny ever being arrested or obtaining an expunction. A nondisclosure order prohibits disclosure of all criminal history record information.  Dallas expunction lawyer Constantine G. Anagnostis can explain the options available for you, eligibility requirements, and the effect each has on your criminal record. You may call 817-229-0319 to schedule a free consultation, or submit a sample case form.