Expungement Lawyer in El Paso
How to Obtain an Expunction of Records
Having a criminal record can significantly impede your life. You may be unable to volunteer with particular organizations or be ineligible for specific jobs. Recognizing the profound impact a criminal record can have on an individual, the State of Texas allows people to apply for an expungement or expunction of their records.
At the Aranda Law Firm, we provide experienced representation for individuals seeking relief after a criminal charge or conviction. Our El Paso expungement lawyers know Texas law and will work tirelessly to ensure you receive the best possible outcome in your case. If you need an expungement, contact our office at (915) 996-9914 to schedule a confidential consultation.
What Is an Expungement?
An expungement or expunction is a form of relief offered by Texas courts for individuals with an arrest, charge, or conviction on their record. If granted, an expungement can remove most information about the alleged crime from your criminal record. An expunction of your record can help you secure more gainful employment and volunteer with organizations that would otherwise prohibit you from participating.
Who Is Eligible for an Expungement?
Not all individuals will be eligible for an expungement. According to the Texas Code of Criminal Procedure Section 55.01, only some offenses will qualify.
Individuals who may qualify for an expungement include those who were:
- Charged with a crime but subsequently acquitted or found not guilty.;
- Convicted of a crime but subsequently pardoned;
- Arrested for a crime but never charged (once the applicable statute of limitations has run);
- Charged with an offense, but expunction is recommended by the prosecuting attorney (at the discretion of the judge); or
- Charged with certain offenses as a juvenile.
These are only a few of the reasons that a court may grant a request for expunction. It is important to remember that the right to an expungement is not a constitutional right. You are not guaranteed the right to this form of relief unless you meet the statutory requirements. To see if you are eligible, contact our expungement lawyers in El Paso.
Are Expunctions Automatically Granted?
Expunctions are not automatically granted. You must petition the court to receive an Order for Expunction. Failing to follow the proper procedures can result in your request being denied.
Once the Petition for Expunction is filed, the court will review the information to determine if there are any filing errors that should be corrected. Errors can cost you time and money; therefore, it is imperative to review your documents carefully before submitting them.
A hearing will then be scheduled. All parties will be notified about the hearing and given the opportunity to contest the request. The court will review the information and determine whether you have met the requirements to grant the order. You should have an Order for Expungement ready for the judge to review and sign. An expungement is not valid until the order is signed and filed.
What Is a Petition for Nondisclosure?
If you do not meet the statutory requirements for an expunction of records or it is not granted, you may be able to petition the court for Nondisclosure. An Order of Nondisclosure is a form of relief that limits who has access to your criminal records. It does not eliminate or clear your record, but it does remove them from the public.
If granted, an Order of Nondisclosure more or less seals your criminal record. However, it will still be available to government agencies, including law enforcement. It will also remain admissible in certain court actions.
Orders of Nondisclosures are an essential form of relief for individuals who have completed deferred adjudication since they are generally ineligible for an expungement.
Are Expunctions and Nondisclosures the Same?
An expunction of your records and a nondisclosure are two different types of relief that may be granted by the court. An expunction effectively destroys your criminal record related to a particular offense once granted by the court.
A nondisclosure, on the other hand, seals your record from the public. It is more challenging to receive an expunction of records since you will only be eligible under limited circumstances.
Expunctions and nondisclosures are not automatically granted. For both, you and your El Paso criminal defense lawyer will need to petition the court to sign an order granting your request. Even if your case was never filed or you were later acquitted, it does not mean that your criminal record is cleared.
Speak with an Expungement Lawyer in El Paso Today
Do you need your criminal record cleared? Contact our office today at (915) 996-9914 to speak directly with an expungement lawyer in Texas. All consultations are confidential and provided without obligation to retain our services.
Our firm proudly serves clients in El Paso and throughout the surrounding communities. We will help you understand your rights and file the appropriate petitions with the court. Get your life back on track with an expungement or nondisclosure request. Call now to get started.
