Expunctions Lawyer in Houston, Texas
The Houston, Texas, expunctions lawyer at The Fonseca Law Firm may be able to help you clear your criminal record. Having a criminal record can have major negative consequences on your life. You may struggle when applying for a job or mortgage. You may not be eligible to receive certain professional licenses. You may not qualify for certain types of federal aid. You may not be able to travel outside the country. And you may face additional challenges due to damaged reputation. An expunction may be able to completely clear your criminal record, meaning that if someone does a background check, the criminal charges won’t show up, and the records of your criminal conduct or charges will be destroyed.
An expunction differs from a nondisclosure order in that an expunction clears your criminal record while a nondisclosure order merely seals your criminal record. With an expunction your case is cleared from public records. This means that all files related to a crime you may have been arrested for, or charged with, are destroyed. While certain agencies may still have access to the files, an expunction basically removes your arrest or case from law enforcement records. This is a much stronger measure than a non-disclosure order, where files may remain, but prosecutors, police, and court clerks are not permitted to release them.
You may be eligible for an expunction only in certain limited circumstances. There are situations where you may be eligible for an expunction. These situations include:
- You were arrested for an offense but were not convicted. This can include situations where charges weren’t filed, charges were dismissed, or where you were acquitted or pardoned.
- You were charged with a Class C misdemeanor and granted deferred adjudication.
- You were convicted as a juvenile (expunction may only apply to certain crimes)
- You were a victim of identity theft
- You were convicted because you failed to attend school
- You were convicted of certain alcohol offenses
Expunction may also be granted if there was an arrest that did not result in criminal charges. If you were arrested, you may have to wait a certain time before you can request an expunction. As a general rule of thumb, if you were arrested, but no charges were brought against you, you will need to wait until the statute of limitations for the crime you were arrested runs out. If the statute of limitations hasn’t passed, the prosecutor retains the right to keep records on file.
How to File for an Expunction in Houston, Texas
Before you file for an expunction, you may want to speak to an expunction attorney in Houston, Texas, at The Fonseca Law Firm. Filing for an expunction can have serious consequences, especially if you failed to meet all the terms of your probation, if you made errors during the process, or if you applied before the statute of limitation passed. With anything involving serious legal consequences, it is always wise to proceed with caution and hire an attorney. The petition itself will need to include key information about the offense in question and present this evidence to the court. Even after an Order for Expunction has been granted, the process isn’t complete until a judge signs off on it and the petitioner submits the order to all the agencies that may have information or records about the offense.
The expunction process can be complicated, and any errors can result in your expunction being denied or in records remaining on file. Having an expunction lawyer on your side in Houston, Texas can make a difference in your case. Reach out to the expunction attorney in Houston, Texas at The Fonseca Law Firm to learn more.
Contact an Expunction Lawyer in Houston, Texas Today
Having a criminal record can impact many areas of your life. It can affect your ability to apply to certain jobs, affect your ability to receive certain professional licenses, affect your ability to access certain kinds of federal aid, and affect other areas of your life. If you qualify for an expunction, you may want to take steps to begin the process. Yet, with anything involving the law, it can be helpful to have a lawyer on your side. The expunction lawyer in Houston, Texas at The Fonseca Law Firm may be able to help you. Our attorneys can review your specific situation, help you understand if you qualify for an expunction, and help you every step of the way through the process if you qualify. We are here to help.