Can Someone Oppose Your 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 were arrested on suspicion of two different offenses. You want to have the arrest for one charge expunged, but law enforcement is still investigating the other possible offense, so they want to retain the arrest records.
- You faced criminal charges because someone else gave your name and information when they were arrested. Though this was an error that should be expunged, the prosecutor might be trying to file identity theft charges against the arrested individual and needs records of your charges as evidence.
Even if an expunction is granted without objection, agencies can appeal and object for six months following the court order. If they prevail, your entire expunction case is overturned, and your records will not be destroyed by any agency.
Use the free eligibility test now to see if you qualify!
The Gilbert G. Garcia Law Firm knows how oppositions can affect your expunction case, and an experienced expungement attorney is ready to stand up for your rights to have your name cleared.