Houston Criminal Attorney » Desperately Need an Expungement? Here's The Answers You Need.

A criminal conviction can easily change your life. Even after you've paid your debt to society, your criminal record might make it challenging to get your life back. Luckily, the majority of states provide a way to set the record straight: Expungement.

Houston Record Expunction Defense: Hire the Most Dedicated Houston Criminal Defense Attorney

Expunction is a legal process through which an arrest or conviction may perhaps be erased from a person's criminal record. Below you will discover links to in-depth knowledge on Expungement, and state-specific resources on Expunction and criminal records.

Expunction Basics - Introductory advice on Expunction and its legal consequences.

Eligibility for Expungement - A charge or conviction commonly needs to meet certain standards in order to qualify for Expunction.

The Expunction Process - A number of steps should be taken before an Expungement is granted.

Expunction is not really Always an Option - Expunction is not really available in all jurisdictions, and may perhaps not be an option for certain arrests or convictions.

Expungement Basics

Expunction (also designated "expunction") is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed," or erased within the eyes of the law. When a conviction is expunged, the process may also be referred to as "setting aside a criminal conviction." The availability of Expungement, and the procedure for getting an arrest or conviction expunged, will vary according to the state or county in which the arrest or conviction transpired.

Legal Effect of an Expungement

An Expunction normally means that an arrest or conviction is "sealed," or erased from a person's criminal record for most purposes. After the Expunction process is complete, an arrest or a criminal conviction ordinarily doesn't have to be disclosed by the person who had been arrested or found guilty. By way of example, when completing an application for a job or apartment, an applicant whose charge or conviction has been expunged doesn't necessarily need to divulge that arrest or conviction.

In a good number of cases, no record of an expunged charge or conviction will appear if the potential employer, educational institution, or some other company conducts a public records inspection or background search of an individual's criminal background.

An expunged arrest or conviction isn't really necessarily completely erased, within the literal sense of the word. An Expunction will ordinarily be an accessible part of a person's criminal background, viewable by certain government agencies, which includes police officers and the criminal courts. This limited accessibility is sometimes called a criminal record being "under seal." In many legal proceedings, most notably during sentencing for any type of offenses committed after an Expunction, or in immigration / deportation proceedings, an expunged conviction that may be "under seal" could possibly still be regarded as as proof of a prior conviction.

Expungement Eligibility

When Expunction of a charge or conviction is an option in a state or county, more often than not a person's criminal record should meet certain standards in order to qualify for the process.

Whether or not a person is eligible for Expunction will typically depend on a number of factors, such as:

The amount of time which has passed since the arrest or conviction

The severity and nature of the event for which Expunction is sought (i.e. a conviction for a sex offense could possibly result in a denial of Expunction)

Events in the applicant's criminal record (including arrests or convictions in virtually all jurisdictions, not only the offender's state/county)

The severity and nature of some other events within the applicant's criminal record

Special eligibility rules might exist for Expunction of arrests or convictions that happened when the offender was a juvenile, and arrests or convictions for sex crimes. Remember to get in touch with the Leading Houston Lawyer to examine your readily available options.

The Expunction Process

Where available to persons who have been arrested or found guilty, Expungement doesn't transpire automatically, and is never guaranteed. A individual wanting to have an arrest or criminal conviction expunged from their record has to ordinarily fill out an application or petition, and submit the paperwork to the suitable criminal court for a judge's review and decision. In most jurisdictions, a fee should be paid along with the filing of the application.

The Expunction process can be complicated. For example, several jurisdictions require an applicant to deliver (or "serve") papers on district attorneys, while others require the applicant to put together the legal document (or "Order of Expungement") that is going to be signed by the judge. In certain cases, a court hearing is required, after which a judge will decide whether to grant the Expungement.

The Most Dedicated Houston Criminal Attorney can easily help you understand this challenging process.

Expunction isn't Always an Option

It is vital to remember that Expunction of an arrest and/or a criminal conviction is not really an option in virtually all states and counties ( designated "jurisdictions"). Dependent upon the jurisdiction in which the charge or conviction occurred:

Expungement could very well not be available at all

Expunction may be an option for arrests, yet not for convictions

Expunction may be an option only for certain criminal convictions

Expungement will likely be an option only for arrests and/or convictions that transpired when the offender was a juvenile

Expungement will likely be available only after an individual is acquitted (cleared) of an criminal offense (i.e. charges are dismissed)

Expunction could possibly be attainable only when a criminal conviction is reversed (i.e. after a winning appeal of the conviction).

Hire The Most Qualified Houston Criminal Attorney!

In Texas, criminal record expunction or an action to seal your criminal record can help you move on with your life. There are many benefits which flow from misdemeanor or felony expunction or record sealing, including no longer needing to list a past conviction on a job application or worrying about the potential consequences of an employer's discovery of your criminal record.