July 19, 2023 by Ashley Norris
Lone Star Legal Aid’s Fallon Hamilton Fights for Record Expungement Accuracy to Secure Client’s Employment Opportunities
Topic
Story of Justice
In the pursuit of a fresh start, individuals with felony and misdemeanor arrests on their records often rely on the expungement process to clear their past and pave the way for a brighter future. Unfortunately, even after the legal process is complete, records may not appear to be expunged. Such was the case for Brenda, a client who faced obstacles in securing employment due to inaccuracies in her record. Thanks to the determination of Lone Star Legal Aid staff attorney, Fallon Hamilton, Brenda’s story serves to raise awareness about the importance of following up on record clearing cases to ensure the process is complete.
Over a year ago, Fallon successfully represented Brenda. The expungement was a significant milestone that allowed Brenda to start rebuilding her life—or so she thought. With the expungement order in place, both Fallon and Brenda expected the Texas Department of Public Safety (TDPS) to remove her criminal record information from all systems that relied on their database.
Armed with a clean slate, Brenda eagerly applied for various job opportunities. Despite her expungement, job application after job application was being denied. It turns out, Brenda’s arrest record was still appearing in other systems, alerting hiring managers during background checks.
Recognizing the injustice Brenda faced, Fallon intervened to rectify the situation. Fallon re-established contact with TDPS, urging them to process Brenda’s expungement and remove her criminal record from all relevant programs.
Brenda’s case shines a light on an issue that affects countless individuals seeking a second chance. The failure to completely and accurately clear expunged records can have far-reaching consequences, hampering job opportunities and impeding reentry to society. It underscores the crucial role that legal professionals play in the expungement process, especially when it comes to following up with agencies after the order is in place.
The implications of an inaccurate record after expungement go beyond job applications. Background checks for housing, loan applications, and even volunteer opportunities can be affected. By sharing Brenda’s experience, Fallon hopes to inspire Texans to be proactive in their expungement cases so they can move on with a clean slate.
Mrs. Fallon Hamilton Vaughn is a Staff Attorney in the Civil Matters in Criminal Justice Unit at Lone Star Legal Aid. She is a graduate of Thurgood Marshall School of Law at Texas Southern University and has been licensed to practice law in the State of Texas for over 14 years. Her practice areas include record clearing and re-entry, housing, and consumer rights, as well as juvenile and school law.
*Names have been changed to protect the identity of the client.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
