I Know What the Computer Says, But I Was Innocent

The falsely accused of crimes and allegations of abuse or neglect of children are eligible to have most references to the false allegations and proceeding records removed from government files. This process is called an expunction process.

In criminal and civil matters, the right to have your slate wiped clean is not an automatic right. You must request that all responsible parties remove the negative information from your history. Once approved, follow up to ensure that your records are accurate and as clean as possible.

Taking the time to make the initial expunction request, getting approval, compelling responsible agencies to act upon the information, and periodically following up can be time consuming. However, to preserve your history, you should strongly consider investing in yourself to have your record reflect accurate information. Even though your record may show that you were found not guilty, charges dropped, or a host of other results in your favor, the effect of having a record in the first place has consequences.

Consider how your record would look to a potential future employer. Imagine that an employer is deciding between two candidates. After pulling a background check on the two candidates, a report is prepared explaining the following:

Candidate 1 – There are three independent records for this candidate. Candidate was charged with child abuse, accused of molesting a minor, and arrested for criminal assault. The assault charges were dismissed. The investigation into the molestation case was dropped when the case worker concluded that there was no reason to believe the charges. A jury found that the candidate did not commit child abuse.

Candidate 2 – No criminal or civil records found.
If you were the employer and all other things being equal, whom would you choose just on this information alone? Which candidate would you want to be?

In addition, when there are marks on your record, CPS investigators may be more likely to remove children from your care in future investigations. This has occurred in situations when grandparents are seeking custody of their grandchildren involved in CPS matters. If the grandparents were accused of abuse in the past, this “involvement” although simply an allegation may count against the grandparents years later despite being exonerated.

An expunction can help take away costly hesitation and loss of confidence. The mere presence of a record may plant a thought or impression about you – right or wrong.


Sec. 261.315. REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM RECORDS.
(a) At the conclusion of an investigation in which the department determines that the person alleged to have abused or neglected a child did not commit abuse or neglect, the department shall notify the person of the person's right to request the department to remove information about the person's alleged role in the abuse or neglect report from the department's records.
(b) On request under Subsection (a) by a person whom the department has determined did not commit abuse or neglect, the department shall remove information from the department's records concerning the person's alleged role in the abuse or neglect report.
(c) The board shall adopt rules necessary to administer this section.