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How Does an Expungement Work?

How Does an Expungement Work?

Expunction
When your arrest or criminal charges are wrongful, you can spend resources trying to ensure you are not also wrongfully convicted of an offense. Your criminal defense attorney might work hard to ensure your case is dropped or you are found not guilty. However, even after this stressful process, you might continue to feel the effects of having an arrest and/or criminal charges on your record. These records can impact your employment, housing, and more. Texas law provides relief in this situation by allowing individuals who were not convicted of crimes to seek an expungement of their record. This process does not happen automatically, and the court does not make it easy to successfully obtain an expungement. It is important to have the help of a Texas expungement lawyer during…
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Ways an Arrest Record Can Impact Your Life

Ways an Arrest Record Can Impact Your Life

Expunction
You might breathe a sigh of relief if you were arrested and never charged, or if you faced criminal charges and were not convicted. However, even having an arrest on your record can impact your life in many ways. If you are feeling the effects of an arrest record, contact a Texas expungement lawyer to discuss possible options. Possible Personal and Professional Repercussions The foundation of the criminal justice system is that defendants are innocent until proven guilty beyond a reasonable doubt. Unfortunately, we know the system doesn’t always work this way. This is especially true in the court of public opinion. Just an arrest can be enough to create the stigma that you violated the law, even if you were never found guilty. Many people assume you will only…
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How Long Do You Have to Wait for an Expungement?

How Long Do You Have to Wait for an Expungement?

Expunction
If you were not convicted of a crime - or possibly even charged - you might be anxious to clear your name by having your record expunged. However, there might be a waiting period for expungement in some situations. An experienced Texas expungement attorney can inform you of what is necessary in your case. No Waiting Period Some people do not have to wait at all to file their petition for expungement. This is the case when someone: Was found not guilty of a crimeHad a conviction overturnedWas pardoned If the prosecutor decides they do not need the records for future cases, you can seek to have your record cleared right away. One Year You must wait one year to expunge an arrest or charges of Class A or B…
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Can Someone Oppose Your Expunction?

Can Someone Oppose Your Expunction?

Expunction
If you meet the requirements for an expunction set out by Texas law, you might assume that the court will grant your petition with few obstacles. However, it is important to recognize that there are complications that might arise during an expunction case - including that certain parties might file objections with the court. You want a Texas expunction lawyer who knows how to represent your rights in the face of such objections. Who Can Object? Agencies that hold the records that would be destroyed can oppose destruction, and this often includes law enforcement agencies and prosecuting offices. Often, they oppose an expunction because they might need to access your records for other purposes, such as using the records for an ongoing or current investigation. Consider the following situations: You…
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Expunctions: Does it Matter Why Your Charges were Dismissed?

Expunctions: Does it Matter Why Your Charges were Dismissed?

Expunction
Once a prosecutor or judge announces that your charges are dismissed in a criminal case, you likely breathe a huge sigh of relief that you will not have a conviction on your record. However, even having dismissed charges on your record can impact your job and other opportunities. To get rid of the stigma of criminal allegations, you might want to pursue an expunction of your record. Expunctions are available for some people who have had their criminal charges dismissed - but not all. The reason why your charges were dismissed does matter - specifically because dismissals after serving community supervision do not qualify for expunction. Deferred Adjudication In some criminal cases, a judge will delay entering judgment on a case until after you serve community supervision. If you complete…
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Should You Have Your Record Sealed?

Should You Have Your Record Sealed?

Non-disclosure
Being convicted of a crime can change your life. Not only might the court order you to pay fines and serve probation, but you will then have the conviction appear on your criminal record - possibly for the rest of your life. Even if the judge dismissed your charges after deferred adjudication, your record can still harm your reputation, career, and more. If you had deferred adjudication or a conviction in your criminal case, you are generally not eligible for an expunction in Texas, which destroys the records. However, this does not mean you must live with the consequences of your mistakes forever. Instead, learn about your eligibility for non-disclosure, which does not destroy anything, but can effectively seal your record. Benefits of Non-Disclosure You probably did not realize the…
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