How Can You answer “Have You Ever Been Arrested?”

One of the most frequent questions we get, especially in cases where we've been able to get the case dismissed or some kind of reduced charge, is what you have to say in response to a question on a job application.

The answer depends on which type of relief you obtained, but generally, if you get either an expunction or an order of nondisclosure, there are statutes that allow you to deny that you were ever arrested. So, if the question is asked, were you arrested? Then you can legitimately say "no".

For an expunction, there are also many times the question is, were you arrested and had charges dismissed? And again, you can answer that question "no". The statute prohibits anyone from using that expunction against you. So, no matter what the question, generally, you can safely answer that "no", and you've got a statute, both in expunction and nondisclosure, that you can point to and fall back on.

What Kind of Records Are Available to The Public?

Public Records of Any Arrest. First, arrest information is considered a public record. That is why you see lists in some newspapers of who all was arrested. That is also how news agencies find out about cases. They monitor the lists, and when someone newsworthy shows up, they start digging. Or if it's a slow news day, they might follow up on something that looks serious (like murder) or interesting.

Criminal History Records. The other type of record is a person’s criminal history. This would include a printout of every time someone has been arrested, and the disposition of that charge. It also includes all court activity, including what happened. This information is confidential, but that only means it cannot be disclosed to the public.

Public Databases. Since people want this type of information, it's not surprising that companies have stepped in to fill the demand. There are several companies, which will pull together the public information about someone and provide it - for a fee.

Record Sealing in Texas. What most people want to know is whether record sealing in Texas is possible, so no one can access their prior history. The answer depends on what happened with the case. In some cases, records can be expunged, while in other situations an order of non-disclosure can be entered.