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8 Reasons Why You Need a Lawyer for Expunging Records in Texas
Jan 17, 2020
What's great about having records sealed is that only government agencies might see your record. No one in public is allowed to view or release the information.
However, some crimes will always show up on a background check.
These include kidnapping of any type and any crime that requires registration as a sex offender. If you commit any type of family violence, you're going to have to keep that item on your record. Most crimes involving children or child endangerment are not eligible.
If you're found guilty of murder or stalking in any form or degree, that stays on your record forever.
However, some crimes will always show up on a background check.
These include kidnapping of any type and any crime that requires registration as a sex offender. If you commit any type of family violence, you're going to have to keep that item on your record. Most crimes involving children or child endangerment are not eligible.
If you're found guilty of murder or stalking in any form or degree, that stays on your record forever.
1. Are You Trying to Get a Felony Expunged?
If you dealt with the most serious level of crimes in the country, you might have it on your record and want to get it expunged. Those people who are arrested over a felony but never charged with one can get felony expungement.
It requires that you wait three years from the arrest and enter a petition. Navigating the petition process is challenging but working with a lawyer ensures that you get this off of your record. It could be damaging your ability to apply for lots of life's necessities.
It requires that you wait three years from the arrest and enter a petition. Navigating the petition process is challenging but working with a lawyer ensures that you get this off of your record. It could be damaging your ability to apply for lots of life's necessities.
2. Are You Trying to Expunge a Misdemeanor?
Getting a misdemeanor expunged is somewhat more flexible than getting a felony expunged but it still requires some work. There will be a waiting period just like getting a misdemeanor expunged.
Class A and Class B misdemeanors require waiting a year from the arrest. It only takes six months to start applying for the expungement of a Class C misdemeanor.
However, it's going to take some effort in filing paperwork and speaking to the courts. Your best bet is a get a professional advocate in Texas via hiring an attorney.
Class A and Class B misdemeanors require waiting a year from the arrest. It only takes six months to start applying for the expungement of a Class C misdemeanor.
However, it's going to take some effort in filing paperwork and speaking to the courts. Your best bet is a get a professional advocate in Texas via hiring an attorney.
3. Wondering if You're Eligible?
Determining whether or not you're eligible is challenging if you're not experienced with navigating the legal system.
The basic element of getting a record expunged is if you weren't found guilty. The other case is if you received a deferred adjudication in Class C.
Most people try to get a DUI or DWI expunged because it carries so many repercussions. It's a challenging expungement because it's meant to carry deep consequences as a reminder to not repeat the crime. However, the right lawyer can help you get rid of that mark on your record.
The basic element of getting a record expunged is if you weren't found guilty. The other case is if you received a deferred adjudication in Class C.
Most people try to get a DUI or DWI expunged because it carries so many repercussions. It's a challenging expungement because it's meant to carry deep consequences as a reminder to not repeat the crime. However, the right lawyer can help you get rid of that mark on your record.
4. There are Specific Types of Crimes Eligible
Knowing what types of crimes, beyond the classes listed above, is important for deciding whether or not you can get a record expunged. Along with arrests that never lead to a charge and charges that were dismissed, there are several more things that can be expunged.
Qualifying misdemeanors for juveniles are a common type of record to be expunged. There's no point in making someone suffer for the mistakes they made as a child. Failures to attend school as a minor are another type that can be expunged.
Certain alcohol offenses are also eligible. If identity theft created a record in your name, that's eligible. Anything that led to an acquittal from the criminal court of appeals is also eligible.
Qualifying misdemeanors for juveniles are a common type of record to be expunged. There's no point in making someone suffer for the mistakes they made as a child. Failures to attend school as a minor are another type that can be expunged.
Certain alcohol offenses are also eligible. If identity theft created a record in your name, that's eligible. Anything that led to an acquittal from the criminal court of appeals is also eligible.
5. Wondering What's Not Eligible?
People with a felony on their record five years prior to the arrest they're looking to expunge are going to face challenges. In most cases, that arrest won't be able to be expunged.
Offenses beyond Class C misdemeanors that lead to a conviction won't be expunged unless they meet very specific criteria. Not everyone is eligible but talking to a lawyer can help to ensure that you're not wasting your time or not missing an opportunity with regards to expungeme
Offenses beyond Class C misdemeanors that lead to a conviction won't be expunged unless they meet very specific criteria. Not everyone is eligible but talking to a lawyer can help to ensure that you're not wasting your time or not missing an opportunity with regards to expungeme
6. Have You Considered Record Sealing?
When expunging a record isn't in the cards, there are still a few other options. Thanks to Texas law, petitions for nondisclosure or getting a record sealed are possible under certain circumstances.
Deferred adjudication is another option considered in a plea deal where if the defendant goes with a guilty or no contest plea, they can have the record sealed. This is when they're willing to meet certain requirements even including supervision.
Deferred adjudication is another option considered in a plea deal where if the defendant goes with a guilty or no contest plea, they can have the record sealed. This is when they're willing to meet certain requirements even including supervision.
7. Wondering What's Not Eligible?
What's great about having records sealed is that only government agencies might see your record. No one in public is allowed to view or release the information.
However, some crimes will always show up on a background check.
These include kidnapping of any type and any crime that requires registration as a sex offender. If you commit any type of family violence, you're going to have to keep that item on your record. Most crimes involving children or child endangerment are not eligible.
If you're found guilty of murder or stalking in any form or degree, that stays on your record forever.
However, some crimes will always show up on a background check.
These include kidnapping of any type and any crime that requires registration as a sex offender. If you commit any type of family violence, you're going to have to keep that item on your record. Most crimes involving children or child endangerment are not eligible.
If you're found guilty of murder or stalking in any form or degree, that stays on your record forever.
8. Worried About All of the Forms and Formalities?
If you're not good at dealing with bureaucracy, getting your record expunged or sealed is going to be a challenge. As you can see, your case needs to meet very specific criteria for expungement.
When it does, it still requires the work of putting together a petition and going through the tasks of filing it properly. When it doesn't, you still might be eligible if you're able to play your cards right.
No matter the conditions, meeting all of the requirements is still a challenge.
Expunging Records in Texas is Life-Changing
If you're concerned about how your record looks when you go in for a job or submit to a background check, it's time to fix that. Expunging records in Texas is made to help people who've made mistakes to move on from the past.
Contact us today to determine whether or not you're eligible for expunction.
When it does, it still requires the work of putting together a petition and going through the tasks of filing it properly. When it doesn't, you still might be eligible if you're able to play your cards right.
No matter the conditions, meeting all of the requirements is still a challenge.
Expunging Records in Texas is Life-Changing
If you're concerned about how your record looks when you go in for a job or submit to a background check, it's time to fix that. Expunging records in Texas is made to help people who've made mistakes to move on from the past.
Contact us today to determine whether or not you're eligible for expunction.
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If you have been arrested for DWI in the Dallas Fort Worth area then you have only 15 days from the date of your arrest to request an Administrative License Revocation ( ALR ) hearing. Otherwise your driver's license will be suspended. This is NOT a court date or any date you may have received on your citation. This legal process can be confusing so contact us today by email ( go here ) or calling our office at (214) 521-9100 . Do not lose your right to drive. Call us today so we can help you keep your privilege to drive.
D id you know that in the State of Texas there exists the possibility of a bank not paying out to beneficiaries who are designated on the account's signature card for an account listed as a " Payable On Death " (POD)? Our firm has handled such situations as they rare, and they don't fall under a testamentary asset - meaning that they are not subject to the probate courts. Recommending that clients convert their regular checking and savings accounts to have a POD designation often is used in estate planning , but this converts a testamentary asset into one of the few non-testamentary assets like a term life insurance policy. Several sections of the Texas Estates Code apply here including: Section 113.52 Rights Of Creditors Section 113.04 Types Of Accounts Many others Upon the death of the account holder, the named beneficiary(ies) should receive the remaining funds in the account subject to Texas regulations. So why would the named beneficiary not get access to the funds, especially if there is no lawsuit from other family members or creditors? One of the ways this may happen is when the signature card was signed, dated, and had the named beneficiary(ies) with the payable on death account designation at a bank which later was acquired. While the acquiring bank should have safeg0uards to ensure that the most recent signature card is properly reflected in their computer systems, the ultimate factor is the actual signature card itself. Older account holders may have signed a physical signature card at the original bank, and then they never signed a new signature card (another physical card or digitally) with the new banking institution. Another concern some people have with POD accounts is that the decedent may have named the checking/saving account's beneficiaries in one's Last Will & Testament; but the signature card on file with the bank has a different beneficiary. Since the POD-designated account no longer is a testamentary asset, thus not subject to probate, then this can cause challenges between parties who expect to receive the remaining funds. A bank also may not follow its own steps for checking a signature card before disbursing funds to the incorrect party. Banks in Texas have a step-by-step process which must be followed for POD account fund disbursement. Any missteps in this process can cause significant problems and alter the wishes of the decent as listed on his/her original signature card. This is a complex situation due to the checking/savings account, traditionally considered an estate asset and therefore subject to probate, when the exact same checking/savings account instead has the payable on death designation. Our lawyers can help you with these kinds of confusing situations and other similar estate-related, and other non-testamentary asset-related, situations. Contact us today to schedule your consultation.
The following lists some of the kinds of charges you may face if charged with assault family violence or domestic family violence: Aggravated Assault - Serious Bodily Injury Aggravated Assault - Deadly Weapon Assault By Impeding Breath Or Choking Continuance Violence Against The Family Assault - Bodily Injury / Indecent Assault Terroristic Threat Assault - Offensive Touching Emergency Protective Orders Violation Of Emergency Protective Orders If you are, or someone you know is, facing one of the charges listed above then contact us to schedule your consultation . You may learn more about these kinds of charges from the Texas Family Code, TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE: Click Here
Did you know that an "affirmative finding of family violence" includes: Being ineligible for any order of expunction or non-disclosure of records. Lifetime ban from owning or possessing any firearms. Not being allowed to be joint managing conservator of your children. If you are in a divorce or in any lawsuit then this affects the parent-child relationship. You risk being deported if you are not a U.S. citizen. There are other concerns as well, so contact us for any assault family violence or related domestic violence charges in Dallas County, Collin County, Denton County, Rockwall County or nearby Texas counties.
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