Expungements and questions on taxi permit application

[smutlydog]

Texas

I have a 27 year old felony drug arrest which I had expunged. I was arrested and charged but not convicted. In my opinion I shouldn't have to answer yes to that question otherwise what was the point in getting an expungement. Do I have to answer it truthfully?


Have you EVER been ARRESTED for, or CHARGED with, a FELONY?

 

[eerelations]

I believe the only thing you can have expunged is a criminal record. And to get a criminal record you need to have been convicted. Since you were not convicted, you don't have a criminal record that could have been expunged. Ergo, you still have an arrest record, and therefore you need to answer this question with a "yes" if you want to answer honestly.

 

[quincy]

Texas

I have a 27 year old felony drug arrest which I had expunged. I was arrested and charged but not convicted. In my opinion I shouldn't have to answer yes to that question otherwise what was the point in getting an expungement. Do I have to answer it truthfully?


Have you EVER been ARRESTED for, or CHARGED with, a FELONY?

Here is a link to the laws on expunction in Texas, smutlydog. You might want to look at Article 55.03, Effect of Expunction.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm

Because you were never convicted on the drug felony, and all records of your arrest and charge were expunged, the felony drug arrest and charge should not appear on your criminal record.