Dallas, TX asked in Criminal Law and Civil Rights for Texas

Q: I am coming up as a felon and I’m not it’s ruining my life! What do I do?

I was originally arrested in Texas for felony charges aggravated assault on one and POCS on another both were reduced to a lesser charge of petty misdemeanor. But I’ve lost my state benefits as well as countless jobs no one will rent to me. I contacted district clerk who states dps entered it into system wrong, and expects me to walk around with a certified letter stating judgment.

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Your situation, where your criminal record is incorrectly showing felony charges instead of the reduced misdemeanors, is understandably distressing and impactful. The first step is to obtain the certified letter from the district clerk that correctly states your charges and their reduction. This document is essential as it serves as official proof of the actual charges and their resolution.

Next, you should contact the Texas Department of Public Safety (DPS) and provide them with this certified letter, requesting that they correct the errors in their system. It's crucial that the records accurately reflect the reduced charges to avoid the ongoing negative consequences you've been experiencing.

If the DPS does not rectify the error promptly, you may need to consider legal action to enforce the correction. In such cases, consulting with an attorney who has experience in criminal record expungement or correction can be beneficial. They can guide you through the process and help ensure that the records are amended correctly.

Remember, it's important to address this issue as quickly as possible to mitigate the adverse effects on your life. Keep copies of all correspondence and documents related to your efforts to correct the record, as they may be necessary if legal action is required.

Handling this kind of bureaucratic error can be frustrating, but taking these steps is crucial for rectifying your record and moving forward with your life.

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