Your Criminal Record Doesn’t Have to Hold You Back
Experienced expunction lawyer David Hunter understands that a criminal record can put your life on hold and make things much more difficult. Buying a home, signing a lease, getting a job, and numerous other life experiences become more challenging to achieve with a criminal record. You are not alone in your frustration.
The good news is that there is a solution: expunction!
What is expunction?
Obviously, this has many benefits for the individual. Hiring an expunction lawyer to help you through this process can make these life experiences so much easier:
- Applying for a job
- Signing a lease
- Buying a home
- Getting a loan
- Applying to college
Why is it important?
Having criminal charges can take a toll on your lifestyle. Not only can you have difficulty finding jobs that will hire you, but other things, like education and leasing also become a problem. Applying to schools will be difficult with a criminal record. That could stop your possibility of college enrollment and put a stop to future goals. The same may be true for leasing an apartment.
Instead of living a lifestyle full of struggle, expunging your record can help take away those problems. The moment your charges drop, you can say goodbye to those difficult possibilities. Your chance of living a normal lifestyle becomes a possibility again. In addition, there is no need to stress about your future. Living your dreams can become a possibility again with an experienced expunction lawyer in Fort Bend County.
Expunction vs. Sealing Your Record
Expunction is different than record sealing.
Record sealing is also knowing as “setting aside.” According to the Texas Government Code, record sealing simply seals a criminal record from public view. They will then no longer show up in background checks. This is done through a non-disclosure order.
During expunction, however, the Court orders all criminal records relating to the specific case or arrest to be erased and physically destroyed. This includes:
- Mugshots and fingerprints
- Arrest reports
- Case Files
- Jail records
- Any other records from the case
The release of any of these records after an expunction is not allowed.
According to the Texas BAR Association, Once a person’s record is expunged, all information is removed from the criminal record and that person can deny the incident ever occurred.
Does expunction mean my criminal records are completely gone?
Once a person’s record is expunged, all information is removed from the criminal record and that person can deny the incident ever occurred.
Technically, an expunged record is not completely erased like it never happened.
Your record will not show up in a background check or any normal criminal record check, though.
You can rest easy if you are applying to college, a new job, or another institution – they won’t be able to see your expunged record. Only a select few – law enforcement, criminal courts, and certain government agencies – will be permitted and able to access your criminal record after it is expunged. These records are only accessible to this small group with a court order.
Proper Legal Counsel Is Vital for Expunction
A Fort Bend Criminal Record Expunction Attorney can help clear your record quickly and correctly. From assessing your eligibility to filing your petition, your expunction attorney is your ticket to a quick and effective expungement. They have experience navigating the expunction system and know who to talk if the legal process breaks down. Best of all, their proven ability to fight for your case takes away much of the stress and anxiety from what can be a very emotional process.
Do You Qualify for Expunction?
The Texas Code of Criminal Procedure (Title I, Chapter 55) states that you have the right to seek expunction. However, there are stipulations. The Texas Code of Criminal Procedure goes into great detail in this section, which you can read by clicking here.
Records Eligible for Expunction in Texas include the following:
- An arrest for a crime that was never charged;
- A criminal charge that was ultimately dismissed;
- Certain qualifying misdemeanor juvenile offenses;
- Conviction of a minor for certain alcohol offenses;
- Conviction for Failure to Attend School;
- Arrest, charge or conviction on a person’s record due to identity theft by another individual that was actually arrested, charged or convicted of the crime;
- Conviction for a crime that was later acquitted by the trial court or the Criminal Court of Appeals;
- Conviction for a crime that was later pardoned by the Governor of Texas or the US President.
However, not all individuals who are eligible will qualify for expunction.
According to the Texas BAR Association, a court will not consider expunction if:
- The individual has received probation or deferred adjudication
- The individual has been convicted of a felony within 5 years of the arrest the person is seeking to have expunged
- The offense is part of a “criminal episode” and the defendant either:
- has charges pending for a different crime that occurred during that same episode, or
- the person was convicted of a crime that occurred during that same alleged episode
Finally, a person cannot file a petition seeking expunction of a felony charge that has been dismissed if the statute of limitations for the crime subject to the dismissal has not yet expired.
This process can be very complicated and confusing. Failure to meet the requirements of this process may result in you losing the ability to expunge your record, which is why it’s extremely important to have an experienced expunction lawyer by your side.
The David Hunter Law Firm Can Help You Get Your Criminal Record Expunged
A criminal record can hold you back in life, but with Fort Bend County expunction lawyer David Hunter, you can start living again. Get your life back on track with expunction. As a former Texas judge and experienced expunction attorney in Fort Bend County, David Hunter understands the inner workings of the criminal justice system and can help you file a petition for expunction. When clients retain our legal services, we immediately begin work on their case and offer a variety of options for obtaining an expunction order or a petition for non-disclosure seal.
If you’re ready for a clean slate, call David Hunter to get started on expunging your record today!