Collin County Homicide Expunction Lawyers
If you have been arrested or charged with homicide, even if you were not guilty, you know how much having that on your record affects your life. You may be struggling to find a job, get a place to live, win custody of your children, or have many other personal challenges. If the charges were dropped or if you were found not guilty, you could be eligible to have the arrest or charge expunged. This would allow you to legally deny ever being arrested or charged with this crime, which could open doors for you that wouldn’t otherwise be possible.
Although you can go through the expunction process on your own, a skilled attorney will be able to help you with all the legal details of the petition for expunction from start to finish, which may increase your chances of successfully getting the record expunged. Contact the Collin County expunction attorneys of Rosenthal Kalabus & Therrian today for a free consultation by calling (972) 369-0577.
How Could an Expunction Lawyer Help?
While some individuals may choose to file a petition for expunction without the help of a lawyer for less serious charges, getting your record expunged for a homicide-related arrest or charge may be more difficult, and having legal assistance will be especially beneficial.
To begin with, not every case is eligible for expungement, and our attorneys can help you understand your eligibility from the beginning, so you will have clear expectations.
Additionally, drafting a petition for expunction can be complicated, but our attorneys have extensive experience with the process and will ensure that everything is filled out correctly and submitted on time. We will do everything we can to make the process easier for you.
Finally, sometimes the prosecutor has the opportunity to make an argument in court against the expunction of the record. If you find yourself in this situation, you will definitely want a lawyer on your side who understands the details of your case and will present a strong argument in your defense.
Expungement vs. Record Sealing
An order of non-disclosure, or having the record sealed, is very similar to expungement and may be another helpful option if you are found not to be eligible to have your record expunged. With a non-disclosure order, the record will not be destroyed, but the accessibility will be limited. This means that certain private parties such as landlords and employers will not be able to see it, and you do not need to disclose that the arrest even occurred. The main difference is that law enforcement and the court system will still have access to the record.
The process of petitioning for a non-disclosure order is similar to that of the petition for expungement. Our attorneys can help you determine whether a non-disclosure order would be a good option for you.
Common Questions and Answers
You no doubt have questions about expunction and how it works in your case. We’ve answered some of the questions we hear most often for you here for your information.
Under what circumstances could I have homicide charges expunged?
It is important to understand that according to Texas law, you may only have an arrest record or criminal charge expunged if you were not found guilty.
There are several scenarios that could meet eligibility criteria:
- You were arrested but never charged (after a waiting period)
- You were arrested and charged, but your case was dismissed
- You were charged and convicted but later proven innocent or were pardoned
- The prosecuting attorney recommended an expunction
However, there are many specifics of this law that apply to various circumstances. Our attorneys can help you understand the details that are applicable to you and help you take the next steps if you are eligible for expunction.
Are there scenarios that would disqualify me from expunction?
There are several situations that would disqualify an individual from expunction. Some key examples include:
- The charge is part of a “criminal episode,” and you either still have charges pending or were convicted of other crimes related to that same episode.
- You received probation
- You received deferred adjudication
- You have been convicted of a separate felony within five years of the arrest you are hoping to have expunged
Even if you are worried you may not qualify for expunction, our attorneys will be able to go over the details of your case and help you understand your options.
Is there a waiting period before I can petition for expunction?
Yes, the waiting period for the expunction of any felony charge is three years. Additionally, the statute of limitations must have expired before you can petition for an expunction.
How much will it cost to get an arrest or charge expunged from my record?
The overall cost will include statutory fees, filing fees, and attorney’s fees. Attorney’s fees will vary depending on the nature of your case. However, the initial consultation is free, and we can go over what you can expect with pricing at that time.
Contact a Collin County Expunction Attorney Today
If you have an arrest or charge for homicide on your record and you were not found to be guilty, you deserve the chance to turn over a new leaf and clear this offense from your record permanently. If you are successfully granted expungement, you will not need to disclose this arrest to anyone, including potential employers and landlords.
As you likely already know, navigating the court system can be difficult, and it is crucial that your petition for expungement is as accurate and complete as possible. A successful expungement could improve your life drastically, and having a skilled attorney on your side may make it easier to reach that goal.
Our lawyers will carefully review the details of your situation and use this information to build a strong petition for expunction. We also understand how small mistakes, such as problems with paperwork or missing deadlines, can have huge consequences, so we will help you with these details to make sure the process runs as smoothly as possible. You deserve a second chance, and we are here to help.
Contact Rosenthal Kalabus & Therrian today at (972) 369-0577 for a free consultation.