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Expunctions in Texas
Expunction Attorney in Richmond Texas
Having a criminal record can bring consequences in the future, whether that record is for having been arrested or convicted. For instance, if you’re going to apply for a job, an employer would usually ask you if you have been arrested for or convicted of a criminal offense. They might be apprehensive about hiring you, in the same way that a landlord might not rent to you, if you have a criminal record. If you’re dealing with these issues, our Richmond expungement attorney can help.
You may be able to get a conviction or an arrest expunged from your record in Texas. If you have any questions about criminal law or are planning to apply for an expunction, our Richmond criminal defense attorney will fight for you. Call us at 281-206-8119 to get legal help today.
What is an Expungement?
In Texas, the process of expunging arrest and conviction records is also known as “expunction.” Some criminal records may also be sealed by a court order, known as an “order of nondisclosure.” Once your criminal record is sealed or expunged, it will not be visible to the general public, which includes potential employers or landlords. This means that you may claim that you’ve never been arrested or convicted of a crime.
For example, if you’ve been convicted of petty theft before and later had your conviction expunged, then when you apply for a job and one of the questions was about having been convicted of a criminal offense, you may simply answer, “No.”
Eligibility for Expunction in Texas
An expungement can offer a fresh start for people who have had a brush with the criminal justice system. To qualify for expunction, you must complete the terms of your sentence, including parole, any period of probation, or supervised release. You must also usually wait for a certain period after the completion of your sentence and avoid committing any crimes before you can file for expungement.
At The Law Office of Annie Scott, our expungement attorney can help you figure out if you qualify for an expunction in Texas. Call us at 281-206-8119 to get in touch with our Richmond criminal defense attorney today.
Filing for Expunction
If you’ve been arrested for felony or misdemeanor, your criminal record may qualify for expungement under certain conditions. Your criminal record may be eligible for expunction if:
You were acquitted of the crime before being charged
You were acquitted but later on, pardoned.
You were convicted but later on found to be innocent and not guilty
You were charged by information or indictment and the case was later dismissed, and the statute of limitations has already passed.
You were arrested but not formally charged, and you followed the waiting period.
In Texas, there is a specific waiting period before you can file for expunction if you were arrested, but not charged with a crime. The waiting periods are:
Class A or Class B misdemeanor
1 year after your arrest
Class C misdemeanor
180 days after your arrest
3 years after your arrest
The waiting period for expunctions if you were pardoned, acquitted, or convicted but later on found to be innocent are not specified in the statutes.
According to the Texas Code of Criminal Procedure § 55.01 (2018), there is no waiting period for cases where the state’s attorney certifies that the files aren’t required for a subsequent criminal prosecution.
If you’re a close relative of a deceased individual who had a criminal record, you may request for the criminal record’s expunction on behalf of the deceased individual. (Texas Code of Criminal Procedure § 55.011 (2018).)
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Juvenile Offenses and Drug Crimes
For individuals arrested or convicted for juvenile offenses or drug crimes may have an easier access to an expunction.
If you were arrested or convicted as a juvenile offender, it may be easier for you to have your criminal record sealed or expunged. This option is usually available if you’re already 18 years old and you’ve stayed out of legal trouble.
Those who are arrested for a drug offense are usually qualified for diversion programs. These programs allow for the expunction of a criminal record once the offender completes the program.
Dealing with a criminal case can be traumatizing, but you don’t have to go through it alone. A Richmond expungement attorney can help you process your case, apply for expunction, and give you a committed representation for your criminal case.
Order of Nondisclosure
If you have pled guilty or no contest to an offense and you’ve successfully completed the deferred adjudication or community supervision, then you file a petition for an order of nondisclosure in court. For serious misdemeanors, there is a waiting period of 2 years and 5 years for felonies.
In Texas, sealing is available for most misdemeanor convictions. If you were convicted and punished only by paying a fine, then a waiting period is no longer needed. Otherwise, a waiting period of two years is necessary after you’ve completed all the terms of your sentence before applying to seal your record.
Our Richmond expungement attorney can assist you throughout the process of obtaining nondisclosure orders in Texas. You must note, however, that an order of disclosure is not applicable to certain offenses such as:
Sex crimes, or any offense which classifies you as a sex offender
Physical abuse or injury to a disabled person, child, or elderly
Family violence offense
When you file for an order of nondisclosure, your criminal record will be sealed. Disclosure of your criminal history to the public by certain criminal justice agencies will then be prevented.
Call Our Richmond Expungement Attorney Today!
If you’ve been convicted or charged with a crime, you’re already entering the world of the criminal justice system. Seeking the help of an experienced Richmond criminal defense attorney can help you understand the expungement laws in Texas and determine what kind relief is available for your case.
At the Law Office of Annie Scott, our Richmond criminal defense lawyers can help manage your case to obtain the best possible outcome and minimize the aggravating effects of a criminal record. Contact us today for an initial consultation.
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