Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
An arrest can have serious impacts on your life, including affecting your job opportunities and where you can live. When prospective employers or landlords run a background check, your past mistakes could come back to haunt you. Fortunately, Texas allows certain criminal records to be sealed or expunged.
Having your criminal record expunged or sealed can mitigate the impact of a charge on your life going forward. A Conroe expungement lawyer could assist with every step of this process. If you have questions about expunging or sealing records, contact defense attorney Raphael Ortega to schedule a free consultation.
When criminal records are expunged, it means all court records of an arrest are erased or destroyed. This process does not happen automatically, and someone with a criminal record must file a motion requesting expungement. If the court grants the motion, the records will be erased under the Texas Code of Criminal Procedure Section 55.02. After expungement, the public cannot see the arrest records, but certain law enforcement agencies will still have access.
Only certain individuals are eligible for expungement. Those seeking to have their record expunged may qualify if:
Clearing an arrest record is a complex process involving completing and filing several documents. A Conroe attorney could handle the logistical work involved with pursuing expungement, allowing their client to focus on more important matters.
Felony charges are typically not eligible for expungement. When someone is arrested or charged with a felony offense, it will remain on their record even if the charges do not result in a conviction. It is only possible to have a felony arrest record expunged in limited circumstances.
There is also a waiting period to keep in mind for felony arrests. The person seeking expungement must wait three years before filing for expungement unless they were issued a pardon or acquittal. A Conroe lawyer could determine whether expungement is a viable option under the circumstances and help a client file the necessary petition. If the court grants the request, it will issue an order of expungement, and the relevant law enforcement offices will destroy the records.
The process for having a misdemeanor record erased is similar to that of a felony record. However, the waiting period for filing the petition is different. For Class C misdemeanors, a person must wait 180 days after their arrest before seeking an expungement. If the offense is a Class B misdemeanor, the accused has to wait one year from the date of arrest. It is important to file for expungement as soon as the waiting period passes so that the record of an arrest or criminal charge does not prevent someone from gaining employment, housing, or seeking educational opportunities.
A Conroe expungement lawyer could help you clean up your criminal record so that your past arrest or history does not negatively impact your future. If you have questions about the procedure for filing for expungement in Texas, contact our office.
Raphael Ortega is a dedicated criminal defense attorney who can help clients enforce their rights and clear their names. There is no reason that a past mistake or misunderstanding should follow you for the rest of your life. Clear your record with the help of an experienced legal professional.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.