Asked 8/10/2016 – Galveston, TX

Was arrested in 2013 for terroristic threat in a family household b/c of my mom’s abusive boyfriend I was never charged never had to go to court I have certified documentation that the prosecutor basically threw out the case (didn’t accept the Chargers) so why after 3 years and never coming up would it start showing up on background checks and how can I get it expunged without having to go through an attorney? & about how much will it cost me WITHOUT an attorney

Answer

The records of your arrest have always been out there since 2013; locating these records depends on who performs the background check and where they look. You CAN attempt to represent yourself in a petition for expunction, but it is not a simple process. Don’t expect to go down to the local justice of the peace, ask for a fill-in-the-blank form and get it done. Such a petition must be filed with the District Court, proper notice must be provided to all appropriate agencies, and you only get 1 bite at this apple. If you screw up this petition and it is denied, you cannot ever file such a petition again. Talk with an attorney or start researching the issue THOROUGHLY.