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Archive for the ‘Expungement’ Category

Best Houston Lawyer: Need Assistance with an Expungement?

16 Nov

Recommended Houston Criminal Defense Lawyer

A criminal conviction can certainly change your life. Even after you’ve paid your debt to society, your criminal history can certainly make it difficult to get your life back. Luckily for us, the majority of states provide a way to set the record straight: Expungement.

Houston Record Expungement Defense: Hire the Best Houston Lawyer

Expungement is defined as a legal process through which a charge or conviction may possibly be erased from a person’s criminal record. Below you will discover links to in-depth knowledge on expungement, and state-specific resources on expungement and criminal records.

  • Expungement Basics – Introductory knowledge on expungement and its legal consequences.
  • Eligibility for Expungement – A charge or conviction normally has to meet certain standards in order to be eligible for expungement.
  • The Expungement Process – A number of steps should be taken before an expungement is granted.
  • Expungement isn’t really Always an Option – Expungement isn’t obtainable in all jurisdictions, and may perhaps not be an option for some arrests or convictions.

Expungement Basics

Expungement (also designated “expunction”) is defined as a court-ordered process in which the legal record of a charge or a criminal conviction is “sealed,” or erased within the eyes of the law. When a conviction is expunged, the process may possibly also be generally known as “setting aside a criminal conviction.” The availability of expungement, and the procedure for getting a charge or conviction expunged, will vary according to the state or county in that the charge or conviction happened.

Legal Effect of an Expungement

An expungement commonly indicates that a charge or conviction is “sealed,” or erased from a person’s criminal record for most purposes. After the expungement process is finished, a charge or a criminal conviction ordinarily doesn’t have to be disclosed by the individual 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 have to reveal that charge or conviction.

In a good number of cases, no record of the expunged charge or conviction will show up in cases where a potential employer, educational institution, or various other company conducts a public records inspection or background search of an individual’s criminal history.

An expunged charge or conviction isn’t really necessarily completely erased, within the literal sense of the word. An expungement will ordinarily be an accessible part of a person’s criminal history, viewable by certain government agencies, which includes police officers and the criminal courts. This limited accessibility is in some cases called a criminal record being “under seal.” In certain legal proceedings, including during sentencing for any type of offenses committed following an expungement, or in immigration / deportation proceedings, an expunged conviction that’s “under seal” may perhaps still be regarded as as proof of a previous conviction.

Expungement Eligibility

When expungement of a charge or conviction is an option in a state or county, most of the time a person’s criminal record has to meet certain standards in order to qualify for the process.

Whether or not an individual is eligible for expungement will generally depend on a quantity of factors, such as:

  • The amount of time which has passed since the charge or conviction
  • The severity and nature of the event for that expungement is sought (i.e. a conviction for a sex criminal offense will likely bring about a denial of expungement)
  • Events within the applicant’s criminal record (this includes 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 expungement of arrests or convictions that happened when the offender was a juvenile, and arrests or convictions for sex crimes. Remember to speak to the Most Respected #links# to go over your accessible choices.

The Expungement Process

Where available to persons who’ve been arrested or found guilty, expungement doesn’t take place automatically, and is never guaranteed. A individual wanting to have a charge or criminal conviction expunged from their record needs to generally fill out an application or request, and submit the paperwork to the appropriate criminal court for a judge’s evaluation and judgment. In a good number of jurisdictions, a fee has to be paid along with the filing of the application.

The expungement process can certainly be challenging. For instance, several jurisdictions require an applicant to deliver (or “serve”) papers on district attorneys, although others require the applicant to put together the legal document (or “Order of Expungement”) that is going to be signed by the judge. In many cases, a court hearing is required, after which a judge will decide whether or not to grant the expungement.

The Top Houston Criminal Defense Attorney can certainly advise you regarding this complex process.

Expungement is not really Always an Option

It is critical to understand that expungement of a charge and/or a criminal conviction isn’t really an option in virtually all states and counties ( designated “jurisdictions”). Dependent upon the jurisdiction in that the charge or conviction happened:

  • Expungement may very well not be available at all
  • Expungement could very well be an option for arrests, however not for convictions
  • Expungement may very well be an option only for certain criminal convictions
  • Expungement could very well be an option only for arrests and/or convictions that transpired when the offender was a juvenile
  • Expungement may possibly be attainable only after an individual is acquitted (cleared) of an criminal offense (i.e. criminal charges are dismissed)
  • Expungement may very well be attainable only when a criminal conviction is reversed (i.e. subsequent to a winning appeal of the conviction).

Hire The Most Qualified Best Houston Lawyer: The Charles Johnson Law Firm

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

A skilled and experienced attorney from the Charles Johnson Law Office in Houston, Texas will help you plan your next move and expertly guide you through this challenging ordeal.

Houston Criminal Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

 
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