Removing False Information From A Criminal Record In Texas

Below is information on how to remove false information from a criminal record in Texas. To see if you are eligible for one of our criminal record clearing services, take our FREE Eligibility Check.

As a law firm that deals with expungement and record sealing in Texas, the attorneys at RecordGone.com are often asked “what procedure(s) are in place for correcting inaccurate criminal history records in Texas, when such records indicate that a person was arrested and charged with an offense when that person was actually never arrested or charged?”

Identity Theft and the Burden of Proof

As many victims of identity theft by a criminal can attest, government agencies place the burden of proving that a criminal report is inaccurate directly on the victim of the theft or mistake. When in this position, it is important to go into the process with the understanding that you will be required to submit forms, submit fingerprints, and do the legwork in order to prove to the agencies holding the records that those records are incorrect and deserve the agency’s attention and removal. People who have an inaccurate criminal record due to either identity theft by a criminal or due to mistakes on the part of an arresting agency or court find this burden unjust, but it is an unfortunate reality of the criminal records administrative procedures in Texas. Approaching the process with this in mind will prevent surprises and headaches throughout the process.

If your Criminal Record is Incorrect

The first place to address an incorrect criminal record is with the arresting agency from which the record originates. This could be the police department or Sheriff’s office responsible for the alleged arrest. In Harris County, the process for “proving” that a criminal record attributed to a person does not actually belong to that person begins with contacting the Sheriff’s department directly. The department that controls this procedure is the Crime Scene Units, in which the clerks handle what is termed a “Not-Me Letter.”

The Process of Correcting your Record

The subject who believes that the information on their criminal record is incorrect schedules an appointment in order to come in to the sheriff’s office. At this appointment, the subject will be required to bring his or her drivers license and social security number and will then be fingerprinted.

The Crime Scene Unit then compares the subject’s fingerprints to those of the person who actually was arrested. If they do not match, the unit then drafts and files the appropriate letter.

HARRIS COUNTY

The direct line to speak to the Crime Scene Unit in Harris County in order to set up this appointment is 713-755-7334. The office is located at 1301 Franklin St., Houston, TX 77002-1931. You can also retain an attorney to help you. RecordGone.com will assist in matters for an hourly rate of roughly $190 an hour.

OTHER TEXAS COUNTIES

Call the arresting agency. If the arresting agency does not help, contact the court clerk in the criminal division. You can also retain an attorney to help you. RecordGone.com will assist in matters for an hourly rate of roughly $190 an hour.

By Jennifer Strange, Attorney at Law

Ms. Jennifer Strange handles criminal defense cases and is the supervising attorney for all cases in the RecordGone.com division. She has overseen the successful completion of more than 9,000 criminal record clearing cases. She graduated from Whittier Law School with a concentration in criminal law.