In the realm of criminal justice, a person’s past can often cast a long shadow over their future. However, depending on your legal situation,
Houston criminal defense attorneys at Walter J. Pink & Associates, PC can delete your past like it never existed. This expungement process allows individuals to erase, seal, and/or limit certain criminal records, providing a fresh start.
Once your charge is expunged it will no longer be accessible by almost all potential employers (except government agencies), and background checks. You can even tell people you were never arrested in the first place (except if you are under oath testifying, in which case you have to tell the truth). Call our office at (713) 664-6651 for a free case consultation and get the justice you deserve.
Why Choose Walter J. Pink & Associates, PC?
Clearing your criminal record can open doors to a brighter future. You need a legal team that’s both understanding and relentless in pursuing your expungement. Walter J. Pink & Associates, PC is here to help you move forward. Our team of Houston expungement attorneys offer:
- Extensive Experience —With over five decades of legal expertise spanning three generations, our firm has a strong track record in successfully guiding clients through the expungement process.
- Respected Reputation —We’ve built a trusted reputation for achieving positive outcomes, backed by numerous client testimonials and a history of successful expungement cases.
- Determined Advocacy —Our legal team is committed to fighting for your right to a clean record, ensuring the legal system works in your favor, both in and out of the courtroom.
What Is Expungement?
Expungement, also known as expunction, is a legal process that allows individuals to remove specific criminal records and arrest records from public view. Once a record is expunged, it’s as if the offense never occurred, enabling individuals to move forward without the burden of a past mistake.
Expungement can be found in the Texas Code of Criminal Procedure Chapter 55 and an order of non-disclosure can be found in Texas Government Code 441.074.
If you or a loved one needs their record sealed or expunged then please call immediately to set up a free consultation and allow us to use our vast knowledge, mental tools, and legal weapons to rewrite your past. We all understand that a criminal record can affect your unalienable rights so call our expungement attorneys today to save your right to pursue happiness.
Understanding Expungement
A Class C traffic ticket or other Class C citations may still appear on your records unless you are proactive and get your record expunged. If you received deferred adjudication you may be able to file an order of Non-Disclosure in your case.
Note: for misdemeanor deferred adjudication matters, you must generally wait two years after the probation is complete to file for an order of non-disclosure. The two-year wait applies to Assaults, deadly conduct, unlawful carry, among others. For deferred adjudication on felonies, you must wait 5 years after the completion of probation to file for an order of non-disclosure.
Furthermore, this non-disclosure may not be sealed with regard to governmental agencies, but your record will be sealed for private employers and general 3rd party background companies and checks. You cannot get the following expunged: Aggravated Kidnapping, murder, capital murder, injury to a child, or any offense requiring you to register as a sex offender.
If you were wrongfully charged with murder, contact a Houston murder defense attorney today.
Can You Get Your Case Expunged?
Yes! You are entitled to an expungement if:
- A person was arrested and charges were never filed
- A person is charged but their case resulted in a dismissal, not guilty/acquittal, or if the person successfully completed a deferred probation (this does not apply to domestic violence cases)
Benefits Of Expungement
Clearing one’s criminal record through expungement offers numerous advantages:
- Employment Opportunities: Many employers conduct background checks. An expunged record ensures past offenses don’t hinder future job prospects.
- Housing Applications: Landlords often check criminal histories. Expungement can increase the chances of securing a rental property.
- Personal Peace of Mind: Beyond tangible benefits, expungement provides psychological relief, allowing individuals to leave the past behind.
Eligibility For Expungement In Houston
Not all criminal records are eligible for expungement. Several criteria must be met:
- Type of Offense: Minor offenses, such as certain misdemeanors, are more likely to be eligible compared to severe felonies.
- Disposition of the Case: Cases that resulted in acquittal, dismissal, or completion of a diversion program often qualify.
- Waiting Period: Depending on the offense, there might be a mandatory waiting period before applying for expungement.
- No Subsequent Convictions: Individuals should not have subsequent criminal convictions during the waiting period.
Types of Crimes Eligible for Expungement
There are certain requirements that must be met for your expungement petition to be granted. However, not every crime will be eligible for expungement. In fact, only certain crimes allow for expungement. For example, if you were charged with a crime but the charges against you were dismissed, the original charges can be expunged from your record.
You may also qualify for expungement if you were arrested on suspicion of committing a crime but were never formally charged. Expungement may be possible if you were charged with a crime but you were ultimately acquitted as well. Other instances in certain crimes may be eligible for expungement include:
- Certain types of criminal convictions involving alcohol
- Crimes where the statute of limitations has expired
- Class C misdemeanors after completing deferred adjudication
- Identity theft charges, convictions, or arrests
- Convictions that resulted in a pardon by the Texas governor or the US President
- Juvenile misdemeanor offenses
- Convictions that were overturned by the Court of Criminal Appeals
- Convictions for failing to attend school
Crimes That Do Not Qualify for Expunction In Houston
While you might have hoped to put your criminal record behind you, certain types of criminal offenses immediately disqualify you from expungement. If you have certain types of criminal convictions on your record, they will remain there indefinitely. You cannot petition the court to have your record expunged if you have been found guilty of one or more of the following crimes:
- Human trafficking under TX Penal Code Chapter 20A.02
- Criminal solicitation under TX Penal Code Chapter 15.03
- Public indecency under TX Penal Code Chapter 43
- Aggravated assault under TX Penal Code Chapter 22.02
- Murder under TX Penal Code Chapter 19.03
- Disorderly conduct under TX Penal Code Chapter 42.01
- Kidnapping under TX Penal Code Chapter 20.03
- Organized crime under TX Penal Code Chapter 71
- Family violence under TX Family Code Chapter 71.004
- Aggravated kidnapping under TX Penal Code Chapter 20.04
- Child endangerment or abandonment under TX Penal Code Chapter 22.041
- Smuggling of a person under TX Penal Code Chapter 20.05
- Drug trafficking under the Texas Controlled Substances Act
Any type of sex crime that requires you to register as a sex offender also renders you ineligible for expungement. Driving while intoxicated (DWI) convictions are also disqualifying criminal offenses.
You may also find yourself ineligible for expunction if you were convicted of an expungeable offense but were convicted of another crime during the waiting period after you completed the terms of your original sentence. Individuals placed on deferred adjudication or those who entered a plea of no contest or guilty will also be ineligible for expungement.
It is important to know if you were charged with any of the previously mentioned crimes, but the charges against you were dismissed, or you were arrested but no formal charges were filed, you may be able to get a limited expungement.
What to Do if Your Expungement Petition is Denied
Just because your initial petition for expungement was denied does not mean that all hope is lost. In limited circumstances, you may be able to pursue alternative legal options or file an appeal to get the decision reversed. If the judge remains steadfast in their decision to deny your expungement request, you may be able to secure a non-disclosure order, depending on the circumstances of the crime in question.
With a non-disclosure order, we may be able to get your criminal record effectively sealed so the public has limited access. This way, you have a better opportunity to pick up the pieces of your life. We may also be able to petition the governor or the president for a pardon, depending on the crime you were convicted of and the specific details surrounding your conviction.
The Role Of A Houston Expungement Attorney
Navigating the expungement process can be complex, making the role of an expungement attorney invaluable. Our Houston expungement attorneys offer the following:
- Case Evaluation: An attorney can assess the specifics of your case, determining eligibility for expungement.
- Guidance Through the Process: From filing the necessary paperwork to representing you in court, an attorney provides step-by-step guidance.
- Legal Expertise: Expungement laws can be intricate. An attorney’s experience ensures that all legal avenues are explored.
- Advocacy: In court, an attorney can advocate on your behalf, presenting compelling reasons for the expungement of your record so that a judge will rule in your favor.
Trust In a Houston Expungement Lawyer for Help Today
Expungement offers a path to redemption, allowing individuals in Houston to move forward without the weight of past mistakes. Understanding the process, its benefits, and the importance of legal representation is crucial. With the guidance of a dedicated Houston expungement attorney, individuals can navigate the complexities of the legal system, seeking a brighter, unburdened future.
If you or a loved one believes they are eligible for an expungement call us today.
You can trust our team of Houston Expungement Attorneys to help you anywhere in the State of Texas including Houston, Harris County, Sugar Land, Missouri City, Richmond, Fort Bend County, Pearland, Brazoria County, Galveston, Galveston County, Austin, Travis County, Dallas, Dallas County, Amarillo, Lubbock, Montgomery County, or anywhere else in this great state of Texas.
Remember, if you or a loved one has been accused of a criminal offense, it’s important not to speak with anyone, especially the police or investigators, until you have contacted our office. At the law firm of Walter J. Pink & Associates, PC, you can rest assured your good name and best interests are in good hands.
Call us to set up a free consultation and allow us to use our vast knowledge, mental tools, and legal weapons to save your freedom, save your right to pursue happiness, and save your life. The Law Firm For Your Future, (713) 664-6651.