What Makes An Expunction Lawyer A Must-Have In Fort Worth?

If you’re facing criminal charges or have a criminal record, you may be feeling overwhelmed and uncertain about your future. The consequences of a criminal record can be severe, from fines and imprisonment to limitations on job opportunities and educational prospects. This is where Expunction Lawyers come in—they help individuals navigate the legal process of expunging their criminal records.

People who are in an expunctions case face a unique dilemma. They are often haunted by their past mistakes, even if they have paid their dues and made positive changes in their lives. However, the expunction process can be complicated, and it’s not always clear if you’re eligible for an expunction or how to go about filing a petition. That’s where an Expunction Lawyer can be invaluable.

What Is Expungement & Why It Matters

Expungement, or expunction, refers to the process of removing a criminal record. If a person’s criminal record is eligible for expunction and their request is granted, it will be removed from public view, and, for most purposes, it will be as if the record never existed. However, the process of expunction in Texas can be complicated, and not all records are eligible.

The Texas Code of Criminal Procedure Chapter 55 outlines the criteria for expunction eligibility, which includes certain alcohol-related offenses committed as a minor, certain misdemeanors, overturned convictions, successful completion of diversion programs, and dismissed charges. Each of these eligibility criteria has specific requirements that must be met. This is where an expunction lawyer can help.

A Fort Worth expunction lawyer can provide guidance and legal assistance in navigating the expunction process and help determine if a person’s criminal record is eligible for expunction.

Records Not Eligible For Expunction

While certain criminal records may be eligible for expunction, some records are not. According to Texas law, records that fall under the following categories are generally not eligible for expunction:

• Convictions: A person convicted of a crime in Texas is generally not eligible for expunction. However, this rule has some exceptions, such as if the conviction was overturned on appeal.
• Certain Felonies: Certain serious offenses, such as murder, aggravated kidnapping, and sexual assault, are not eligible for expunction.
• Ongoing Investigations: If a person is currently under investigation for a crime or has been arrested but not yet charged, their record is not eligible for expunction.
• Deferred Adjudication: If a person received deferred adjudication probation for a crime, their record might not be eligible for expunction. However, they may be eligible for a related process called Order of Non-Disclosure.

Note that even if a record is not eligible for expunction, other legal remedies may be available, such as an Order of Non-Disclosure. An experienced Expunction Lawyer can help determine the appropriate legal process for a particular case.

Legal Options If Expunction Is Not Available

If a criminal record is not eligible for expunction, other legal options may still be available. One alternative is an Order of Non-Disclosure, which allows certain criminal records to be sealed from public view.

An Order of Non-Disclosure is available for certain criminal offenses where a person received deferred adjudication probation, completed the probation, and has not been convicted of any other offenses. If granted, the order prohibits government agencies from disclosing certain criminal records to the public, including potential employers and educational institutions.

If neither expunction nor an Order of Non-Disclosure is an option, there may still be other legal avenues to explore, such as seeking a pardon or clemency from the governor. It’s important to speak with an experienced criminal defense lawyer who can assess the specific circumstances of a case and determine the best course of action.

Ultimately, while having a criminal record can be a significant challenge, it’s important to remember that there are legal remedies available, and with the right guidance, a person may be able to move forward and overcome the limitations of their past.

Steps To Take When Seeking Expunction

If you want a criminal record expunged, the first step is to determine whether your record is eligible for expunction under Texas law. Generally, you may be eligible for expunction if:

• You were arrested for a crime but never charged.
• If you were charged with a crime but the charges were dismissed, or you were acquitted.
• You were convicted of a crime but later pardoned or found to be innocent.
• You completed a deferred adjudication or a pretrial diversion program for certain crimes.

Once you determine that your record is eligible for expunction, you should file a petition in the court where the charges were filed. The petition should include information about the arrest or conviction, the reasons why the record should be expunged, and any supporting documentation.

Note that the expunction process can be complex and time-consuming, and it’s recommended to seek the guidance of an experienced expunction lawyer. They can help assess your eligibility for expunction, guide you through the petition process, and represent you in court if necessary.

Postmortem Expungement: Clearing Records After Death

Expunctions after death, or postmortem expunctions, involve the removal of criminal records for individuals who have passed away. These expunctions can be requested by surviving family members, legal representatives, or other authorized individuals.

Under Texas law, postmortem expunctions may be available if the deceased individual was arrested or charged with a crime, but the charges were dismissed, the individual was acquitted, or they were convicted but later found to be innocent. In these cases, the individual’s surviving family members or legal representatives may file a petition for postmortem expunction with the court where the charges were filed.

How Long Does The Expunction Process Take?

The time it takes to obtain an expunction or non-disclosure order in Texas can vary depending on several factors.

First, the complexity of the case can impact the timeline. For example, cases with multiple charges or convictions or cases where there are challenges to eligibility may take longer to resolve.

Second, the workload of the court and the availability of judges can also affect the timeline. In some cases, the court may have a backlog of cases, which could result in delays.

After filing petitions to seal or expunge records, the courts will address the petitions, and the process can take anywhere from a few weeks to several months. Sometimes, a hearing may be required, which can further delay the process.

Once a non-disclosure or expunction order is signed, it can take an additional four to six months for the records to be completely sealed or expunged. This delay is due in part to the workload of the main criminal records clearinghouse in Texas, the Texas DPS.

Furthermore, these orders must go through several public and private entities before the records are fully cleared, adding to the timeline. It’s important to be patient throughout the process and to work with an experienced Expunction Lawyer who can guide you through the steps and provide realistic expectations.

Can You Deny An Expunged Offense?

Once a criminal record has been expunged, the law treats it as if it never existed. This means that in most cases, you can legally deny committing the offense that was expunged. However, there may be certain situations where you are required to disclose the expunged offense, such as when applying for certain government jobs or licenses or when testifying under oath in court.

Why Choose A Fort Worth Expunction Lawyer From The Medlin Law Firm

Working with an Expunction Attorney from The Medlin Law Firm can provide many benefits for individuals seeking to clear their criminal records. An experienced Expunction Attorney will have a thorough understanding of the relevant laws and regulations in Texas. They can provide advice and counsel on the best course of action for each case and can help clients understand the potential benefits and drawbacks of pursuing an expunction.

Furthermore, an Expunction Attorney can help protect clients’ legal rights and ensure that their interests are represented throughout the process. They can negotiate with prosecutors, argue on behalf of clients in court, and provide a strong defense against any challenges or objections that may arise.

Overall, working with The Medlin Law Firm can provide individuals with a higher chance of successfully clearing their criminal records and moving forward with their lives.

Summary

This article discusses the importance of hiring an Expunction Lawyer to help remove criminal records for individuals. It also provides a brief explanation of what expunction us, who is eligible, and the legal process involved.

It also notes that not all criminal records are eligible for expunction and explains what alternatives may be available. The concludes with guidance on how to determine if your record is eligible for expunction and how to file a petition. 

Working with an experienced Criminal Defense Lawyer can increase the chances of successfully removing a criminal record. Seek help from a qualified attorney to get the best possible outcome.