Irving Expungement Lawyer
What is Expungement?
A criminal record in Texas can have severe implications on your personal and professional life, including the inability to own a firearm, difficulty securing a loan, alienation from friends, family, and society, as well as many more adverse consequences. Luckily, for some individuals, expungement of their criminal record may be possible. Expungement is the process through which a person's official criminal record can be wiped clean and permanently deleted. However, the prerequisites for expungement may vary depending on the nature of the offense an individual is looking to expunge. If you are interested in expunging your criminal record, it is essential to work with an experienced criminal defense who can help you determine your eligibility and make sure you follow the correct steps during the expungement process.
At the Law Office of Michelle Poblenz, our knowledge of criminal law and the expungement process make us an excellent and highly qualified law firm to assist individuals in expunging their criminal records. We understand how difficult life can be with a criminal record, and we are committed to helping clients expunge their records and move forward with their lives.
Types of Expungements Available
There are two primary forms of expungement in Texas, which are:
- Expunction - This type of expungement applies when someone is arrested, but the charges are later dropped or dismissed, or the person is acquitted of the charges or pardoned. Certain types of juvenile offenses committed while a person was under the age of 17 will also be eligible for expunction. The individual's criminal record is permanently erased when an expunction occurs.
- Non-disclosure order - This type of expungement involves the sealing of an individual's criminal record, effectively prohibiting public entities from accessing information related to their arrest, the charges against them, or their conviction.
How Do I Know if My Criminal Record Is Eligible for Expungement?
According to Texas law, the eligibility for expungement of a criminal record is based on several factors, including the type of offense, the punishment imposed, and the time elapsed since the offense. Generally, only specific cases are eligible for expungement in Texas. Individuals who were acquitted of charges by a judge or jury are usually eligible for expunction after their cases have been resolved. Individuals who were arrested but had their charges dismissed or never had charges filed will be eligible for expunction after a certain amount of time has elapsed. In these cases, expunction will be available 180 days after an arrest for a Class C misdemeanor, one year after an arrest for a Class A or B misdemeanor, and three years after an arrest for a felony.
For those who were convicted, non-disclosure orders may be available after certain requirements have been met. A person will usually need to complete any required terms of probation or parole, as well as any other requirements put in place by a criminal court. Waiting periods of up to 10 years may apply after a sentence has been completed before a non-disclosure order can be obtained.
It is also important to note that certain criminal records cannot be expunged in Texas. These include convictions for offenses such as domestic violence, sexual assault, murder, and other serious felonies that are not eligible for expungement.
Benefits of Expungement and How a Criminal Defense Attorney Can Help
Expunging your criminal record can significantly improve your life circumstances. A criminal record can make it extremely difficult to find employment, housing, and education opportunities. It can also cause social stigma and restrict certain civil liberties, like owning a firearm or voting in an election. Expungement can help remove these barriers and give you a fresh start in life.
A criminal defense attorney can benefit your expungement efforts in various ways. They will ensure that all necessary paperwork is prepared and submitted correctly while representing you in court hearings and demonstrating that you are eligible to have your criminal record cleared. An attorney can also answer any questions or concerns you may have about the expungement process and make sure you understand what to expect.
Contact a Dallas Expungement Attorney
Navigating the process of expungement can be a complex endeavor. Engaging an experienced criminal defense attorney can help ease the stress of the process. It can also ensure your rights and best interests are respected and safeguarded. At the Law Office of Michelle Poblenz, our well-rounded knowledge of the expungement process in the Dallas and Fort Worth area makes our firm an excellent choice if you are looking to clear your criminal record. For more information on how we may assist you, contact us at 469-845-3031 for a private consultation.