Austin Expunction Lawyers
Giving You a New Lease on Life
If you have ever been arrested or accused of committing a crime in Texas, it could affect your ability to get a job, even if the charges were dismissed or a jury determined you were not guilty. Still, you may not have to live with a criminal record. An expunction offers a powerful opportunity to erase past mistakes and seek a brighter future.
Under Texas law, individuals who meet specific eligibility requirements can have their criminal records cleared, effectively removing arrests, charges, or even convictions from their history. Once the expunction is granted, the incident no longer appears on the person’s record, allowing them to confidently move forward, free from the lingering consequences of a past mistake.
A criminal record can be a significant obstacle to personal and professional growth. That’s why our team at Cofer & Connelly, PLLC helps individuals in Austin, Texas, take advantage of expunctions to pursue a second chance. With extensive experience in criminal defense, we know how to craft a strategy tailored to each situation. Our team combines our skills and insights to guide clients through their cases, from eligibility determination to final approval.
For help with your expunction, contact us online or via phone at (512) 991-0576.
What Is an Expunction?
Expunction is a legal process under Texas law that allows individuals to remove specific criminal entries from their adult records. Once the court grants an expunction order, the information about the arrest, charges, or conviction is destroyed. This powerful tool provides a fresh start but is available only in specific circumstances.
Who Is Eligible for Expunction in Texas?
The eligibility for an expunction is determined by specific criteria, as outlined in the Texas Code of Criminal Procedure. The court has the discretion to grant an expunction after a hearing.
You may be eligible for an expunction if the following apply to your case:
- You were formally charged and tried for the offense,
- You were convicted of the offense, and
- The criminal appeals court acquitted you, or
- The prosecuting office recommends expunction before you are tried for the offense
However, expunction is not granted in all cases. According to the Texas Code of Criminal Procedure, Chapter 55A, Subchapter D, an expunction is prohibited in certain situations.
The incident is not eligible if the request for expunction is related to:
- Ongoing charges or a conviction resulting from the same incident
- Driver’s license suspension or revocation
- Violation of community supervision
- Fleeing after an arrest
If you are seeking an expunction or are wondering about your eligibility in Austin, we can provide a clear, thorough evaluation of your case and help you navigate the process. Let our team guide you through this critical legal step toward clearing your record.
How Do You Get an Expunction in Austin?
The expunction process requires careful preparation and adherence to specific legal procedures.
The steps involved in requesting an expunction include:
- Reviewing criminal records and assessing eligibility. Before moving forward, a thorough review of your criminal record is necessary to determine whether you qualify for expunction. This step involves identifying any eligible offenses and ensuring you meet the criteria under Texas law.
- Filing the petition. Once eligibility is confirmed, you must file a petition for expunction with the court in the county where the offense occurred. The petition must be complete and accurate, detailing all relevant information about the charges and your criminal history.
- Attending a court hearing. A hearing is scheduled 30 days after the petition is filed. The judge will review all evidence during this hearing and decide whether to grant your request.
- Receiving the final ruling. If granted, the judge will issue an order for the expunction. The order is sent to each agency named in the petition. These agencies are legally required to destroy or return the records, effectively removing them from public access.
Once an expunction order is finalized, any dissemination or sharing of the expunged records is prohibited. You have the legal right to deny the occurrence of the arrest or charge, and when questioned under oath, you may state that the matter has been expunged.
Attempting to file a petition for expunction on your own without an experienced criminal defense law firm representing you is complicated. You must follow the rules and eligibility requirements according to the letter of the law.
Expunction vs. Record Sealing in Texas
Expunction and nondisclosure (record sealing) are two legal processes available under Texas law to clear a person's criminal record.
Expunction allows individuals to completely erase their criminal record from public access, giving them a clean slate. On the other hand, nondisclosure is an order that seals the record from being accessed by the general public. Still, some licensing agencies and government agencies, such as law enforcement, and anyone granted access to the records can view it.
Choosing between expunction and nondisclosure depends on several factors, including the severity of the offense, the amount of time since the offense, and the individual's personal goals. Understanding the difference between these two options can be overwhelming. Our team can help you make an informed choice.
Benefits of Criminal Record Expunction
Expunction in Texas can significantly benefit individuals seeking to clear their criminal record. Upon expunction, records of an individual's arrest, charge, and conviction are permanently erased or sealed from the public record. This process provides relief from the stigma and discrimination associated with a criminal record, opening up opportunities for housing, employment, and educational opportunities that were previously inaccessible.
Expunction is particularly valuable for those who were wrongfully charged or had their cases dismissed, as it allows them to fully move on from their past and enjoy the benefits of a clean record.
Seeking legal advice is crucial when pursuing expunction in Texas, as the process can be complex and time-consuming. However, the rewards of a cleared criminal record can be life-changing.
Contact an Attorney to Help with Your Expunction
At Cofer & Connelly, PLLC, we offer robust support through the expunction process, starting with a thorough review of your eligibility, followed by precise preparation of the necessary documents. Our firm verifies that every detail is correct, from completing forms to compiling the supporting documentation required for a successful petition.
Furthermore, we provide representation at hearings, advocating for your rights and pursuing a just outcome. With our knowledge of the legal system and client-focused approach, we can guide you at every step, offering peace of mind as you work toward clearing your record and seeking a brighter future.
Contact us online or call (512) 991-0576 to learn more about your options by discussing your case with an Austin expungement attorney.
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Clearing your criminal record through expunction can significantly impact your future opportunities. You may have questions about the process, eligibility, and benefits of expunction in Texas. To help you navigate this complex area of law, we've compiled answers to some frequently asked questions. While these FAQs provide general information, consulting an experienced attorney for personalized guidance regarding your situation is essential.
What Is an Expunction, and How Does It Benefit Me?
An expunction in Texas is a legal process that allows individuals to clear their criminal records, essentially erasing the record of an arrest, charge, or conviction, depending on the circumstances. When granted, the expunction order directs that all documents related to the offense be destroyed or returned to the court, meaning they can no longer be accessed or used in the future. You can legally deny the occurrence of the offense, providing a fresh start and a clean slate.
The benefits of obtaining an expunction are significant. Clearing your criminal record opens doors to better job opportunities, housing prospects, and the ability to apply for certain licenses or benefits without the stigma of a past offense holding you back. It also protects your reputation by ensuring that no one can discover or use old criminal records against you in most situations.
Why Might an Expunction Be Denied?
While an expunction offers a valuable opportunity to clear your criminal record, certain situations can prevent an expunction from being granted in Texas. Understanding these potential obstacles is essential in managing expectations and planning your next steps.
One of the most common reasons for denial is if there is a pending prosecution or conviction related to the same incident. Texas law prevents expunction if the individual still faces charges from the same event or episode. Additionally, the court may not approve an expunction if the person was convicted of the offense or if their conviction is still under appeal. This also extends to situations where community supervision or probation terms are violated, which can complicate eligibility.
Other situations where expunction may be denied include a history of failure to appear in court or absconding after an arrest, which may suggest to the court that the individual has not fully complied with the legal process. Additionally, if certain restrictions or penalties apply, such as a driver’s license suspension related to the offense, an expunction may be out of reach.
Navigating these potential roadblocks requires a clear understanding of the legal criteria and nuances of your case.
Is Hiring an Attorney Necessary for an Expunction?
While navigating the expunction process without legal representation is technically possible, having an attorney by your side improves your chances of pursuing a just outcome. Expunction cases involve various legal requirements, paperwork, and deadlines that can be complex to manage on your own. With an attorney’s assistance, every detail of your case is handled properly, from filing the petition to representing you at the hearing.
An experienced attorney understands Texas expunction law, eligibility criteria, and legal nuances. They can evaluate your criminal record, identify potential obstacles to expunction, and help you avoid common mistakes that could lead to a denial. Furthermore, an attorney will be skilled at presenting your case to the court and submitting the necessary documentation completely and on time.
At Cofer & Connelly, PLLC, we work closely with our clients, offering clear guidance and effective legal representation throughout the expunction process. Our team’s in-depth knowledge of Texas law ensures that you are well-prepared and that your expunction petition will be submitted correctly. With our assistance, you can confidently move toward a fresh start, knowing that your legal interests are protected at every step.
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