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Expungement Attorney in McAllen, TX
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Has a criminal conviction put a considerable amount of stress on your shoulders? Are you not sure how your employment options are going to fare now that you have a criminal record? If you want to feel secure again, it is time to consider expunction.
What is Expungement?
Sometimes called expungement, the process of expunction of criminal records in Texas completely eliminates portions or the entirety of your criminal record. Unlike record sealing that just hides the record from public eyes, expunction is a destruction of the record. Clerks at your local police station, Court House, Federal Bureau of Investigation and Texas Department of Safety will be instructed to shred your criminal record if your expunction is granted.
Do you have more questions about expungement in Texas? Contact our McAllen criminal defense lawyer today.
How to Expunge Your Record in Texas
The first step in the process of expunging your criminal record in Texas is to determine whether you are eligible for expungement. To be eligible, at least 180 days must have passed since you completed your sentence or probation period or were released from detention, whichever is later. Additionally, the court must have dismissed the case against you or found you not guilty of all charges. If these conditions are met and no other pending cases exist related to the conviction, then you may proceed to the next step of filing a Petition for Expunction with the court.
You will need to fill out and file an application or petition, depending on your jurisdiction, along with your fingerprints and any applicable fees. You must provide detailed information about your conviction, such as the date it occurred, the charge(s) involved and any other relevant details. The petition must be filed in the court that handled your case; if it is denied there, you can then appeal to a higher court.
Once the petition is received by the appropriate court, they will review it and determine whether or not to grant expungement. In some cases, they may require further documentation from you before making their decision. If granted, all records related to the conviction will be destroyed, and you can legally deny that it ever occurred.
Expungement is a complicated process, so if you are considering expunging your criminal record in Texas it is recommended to consult an experienced criminal defense attorney. At our firm, we can help you navigate the legal system, present your case effectively and ensure the best outcome possible for your situation.
Determining Expunction Eligibility
Not every person and not every criminal conviction will be eligible for expunction in Texas. At The Christopher P. Cavazos Law Firm, PLLC, we can help our clients understand and properly utilize the expunction process from start to finish. It begins with first determining if expunction is even an option.
Why Should I Consider Expunction?
It is easy to hope that the past is in the past but, as far as criminal records go, such a belief might not be true. Unfortunately, a criminal past can have lasting negative effects, such as:
- People who have been convicted of a crime tend to face unfair social bias against them.
- People with a criminal record lose out on job opportunities.
- A criminal conviction may lessen their potential educational career.
- Having a criminal record generally steers others away from them.
Similar outcomes can result from just being arrested. If you want to protect and uphold your good name and reputation, expunction might be the only way to do just that.
Requirements for Expunction in Texas
You may be eligible for expunction of your record if:
- If you had been arrested for a crime but never charged.
- All charges against you were ultimately dismissed.
- You were convicted of certain juvenile misdemeanors.
- You were convicted of a minor alcohol crime.
- You were arrested for identity theft but your identity was the one stolen.
- You earned a pardon from a high-ranking government official.
- The Criminal Court of Appeals acquitted your case.
- You have never been convicted of a felony.
It should be noted that expunction eligibility is based on a case-by-case basis.
What Cannot Be Expunged in Texas?
Certain criminal convictions cannot be sealed or expunged in Texas, such as DWI convictions and for those who received probation or deferred adjudication. You may have other options besides expungement either through a pardon or by filing a writ of habeas corpus. You should discuss your individual case with an attorney to learn more about your unique situation.
Discover & Understand Your Options with Us
As can be seen from the above mentioned list of requirements, an expunction can be an intricate process. When you retain the legal services of our McAllen criminal defense lawyer, you get rid of the guesswork and advance your case with confidence.
Expunction can be a life-changing option! Do not hesitate to contact our office online or call (956) 290-8911 to request a free initial consultation!
to request a free consultation.
Christopher Cavazos is an excellent lawyer he always kept in communication with me and kept me updated at all times.- Evans P.
Proven, Hands-On Representation Across Texas
Hands-On, Considerate, & Extensive Experience in the Criminal & Family Courts
Our McAllen attorneys directly handle each case we taken on, so you can rest assured you are getting the fully qualified help you need. Our attorneys provide invaluable insights from their years of experience, including that of working as a prosecutor. With our legal team on your side, you will be prepared at every step of your criminal defense or family law case. If you are seeking a legal team that is well-prepared to exploit any weakness in the prosecutor’s or opposition’s case, look no further than The Christopher P. Cavazos Law Firm, PLLC. We will work tirelessly to build the proactive defense or compassionate advocacy you need.