How to Get a Crime Expunged from Your Record
Possessing a criminal record can make living life very difficult. Luckily, there are circumstances where it is possible to close the book on that chapter of your life. This is done by expunging certain misdemeanor criminal charges and it is something that a Houston criminal defense attorney can help you with.
What Is Expungement of a Misdemeanor Criminal Record?
This is the legal process that eradicates your criminal record. When a record is expunged, it as though the incident never happened. While future employers, landlords, school officials, etc., may not be able to gain access to this record, in some cases law enforcement and judicial officials may still have access to this information for future reference.
Many people think "sealing" and "expungement" are terms that can be used interchangeably, but this isn't true. They mean different things. Records that are sealed are removed from public viewing either through online court sites or at the court house, but the record itself is not destroyed. Regardless, whether your case is sealed or expunged, you can still answer "no" on any document asking if you have a criminal record.
Can All Records Be Expunged?
No. Only certain records can qualify for this legal maneuver. In general, only first-degree misdemeanor charges and nonviolent felonies can be erased. Also, depending on the situation, only the arrest record may be expunged, but not convictions. Does this sound confusing? It is. This is why you need to hire a qualified attorney to explain the process to you.
Also, in most cases, federal crimes cannot be erased. The only exception to this rule is if the conviction is later deemed to have been unconstitutional or was the result of government misconduct. When an expungement occurs, not only is the record erased, but so are any fingerprints taken from the individual, DNA testing, etc.
What Is the Procedure for Expunging a Criminal Record?
You'll want to consult with your attorney for specifics, but in general, to be eligible for this legal process, you must meet the following requirements:
How Long Does the Process Take?
The expungement process is complicated. It is not a fast process. In most cases, it can take as much as a year to complete. This is why it is important to hire an attorney familiar with expungement cases to make sure the process goes as quickly and as smoothly as possible.
How to Hire an Attorney
As previously stated, you need an attorney familiar with the expungement laws in the state of Texas. Not every criminal defense lawyer has experience in this area of the law.
To begin your search for a qualified Houston criminal defense attorney, it is recommended that you consult with the state bar association or other online referral sites. These sites require listed attorneys to state their area of expertise and to maintain good legal standing. In some cases, you may be required to pay a small referral fee to be put in contact with the attorney. While this may seem like a waste of money, hiring an attorney with the proper experience is invaluable to your case.
What Is Expungement of a Misdemeanor Criminal Record?
This is the legal process that eradicates your criminal record. When a record is expunged, it as though the incident never happened. While future employers, landlords, school officials, etc., may not be able to gain access to this record, in some cases law enforcement and judicial officials may still have access to this information for future reference.
Many people think "sealing" and "expungement" are terms that can be used interchangeably, but this isn't true. They mean different things. Records that are sealed are removed from public viewing either through online court sites or at the court house, but the record itself is not destroyed. Regardless, whether your case is sealed or expunged, you can still answer "no" on any document asking if you have a criminal record.
Can All Records Be Expunged?
No. Only certain records can qualify for this legal maneuver. In general, only first-degree misdemeanor charges and nonviolent felonies can be erased. Also, depending on the situation, only the arrest record may be expunged, but not convictions. Does this sound confusing? It is. This is why you need to hire a qualified attorney to explain the process to you.
Also, in most cases, federal crimes cannot be erased. The only exception to this rule is if the conviction is later deemed to have been unconstitutional or was the result of government misconduct. When an expungement occurs, not only is the record erased, but so are any fingerprints taken from the individual, DNA testing, etc.
What Is the Procedure for Expunging a Criminal Record?
You'll want to consult with your attorney for specifics, but in general, to be eligible for this legal process, you must meet the following requirements:
- The crime must be eligible under state expungement laws.
- Any sentence associated with the crime must have been completed.
- A certain amount of time must have passed since sentence completion, usually 1 year.
- Other crimes must not have been committed during the period of sentence completion to expungement.
- The appeal for expungement often requires specific documents. This includes all copies of past criminal records. The original prosecuting attorney may also need to sign off on the expungement request before it is granted by a judge.
- You'll need to request a court hearing.
How Long Does the Process Take?
The expungement process is complicated. It is not a fast process. In most cases, it can take as much as a year to complete. This is why it is important to hire an attorney familiar with expungement cases to make sure the process goes as quickly and as smoothly as possible.
How to Hire an Attorney
As previously stated, you need an attorney familiar with the expungement laws in the state of Texas. Not every criminal defense lawyer has experience in this area of the law.
To begin your search for a qualified Houston criminal defense attorney, it is recommended that you consult with the state bar association or other online referral sites. These sites require listed attorneys to state their area of expertise and to maintain good legal standing. In some cases, you may be required to pay a small referral fee to be put in contact with the attorney. While this may seem like a waste of money, hiring an attorney with the proper experience is invaluable to your case.
