Expungements Lawyer in Brazoria County

Understanding Eligibility for Expungement in Texas

If you have a conviction on your criminal record those who run a background check may learn about your criminal history and deny you opportunities. An expungement makes it so that law enforcement is the only agency able to see your record, thus eliminating possible discrimination based on your criminal history.

If you have served time in state prison, were convicted of sex crimes against children, or are currently serving time/facing charges, expungement is not right for you. Expungement is not an option for everyone. This is only one method of record sealing or clearing and if we find that expungement is not right for you, we may be able to explore other legal avenues.

There are several requirements you must meet to be eligible:

• 3 years must have passed from the date of completion of probation, parole, or sentence for misdemeanor charges
• 7 years must have passed since the date of completion of probation, parole, or sentence for felony charges
• You must not have been found guilty of any other charge during those applicable years
• You have completed all of the obligations of your conviction, i.e. paid your fines or served your sentence
• That there are no pending charges against you
• That your behavior demonstrates you are not a threat to public safety

How Can I File for Expungement in Texas?

To file for expungement in Texas, you will need to follow these steps:

• Determine your eligibility: Before you begin the process, you need to determine whether you are eligible for expungement.
• Obtain a copy of your criminal record: You will need to obtain a copy from the Texas Department of Public Safety. You can do this by filling out a form and paying a fee. You will need this record to provide evidence of your eligibility for expungement.
• Complete the necessary forms: You will need to complete a petition for expunction form, which is available from the court in the county where the offense occurred. You will need to provide information about the offense, including the date and location of the arrest, the charges filed against you, and the disposition of the case.
• File the forms with the court: Once you have completed them, you will need to file them with the court in the county where the offense occurred. You will also need to pay a filing fee.
• Attend the hearing: The court will schedule a hearing to review your petition for expunction. You will need to attend the hearing and provide evidence to support your claim that you are eligible for an expunction. The court will review your criminal record, hear testimony from you and other witnesses, and decide whether to grant the expunction.
• Await the order: If the court grants the expunction, it will issue an order for the expunction. This order will need to be sent to all relevant agencies, including law enforcement, the prosecutor's office, and the Texas Department of Public Safety, to remove your record from their databases.

Overall, the process of filing for expungement in Texas can be complex, and it is recommended that you seek the assistance of an experienced Brazoria County expungement attorney to help you navigate the process and increase your chances of success.