If you got arrested for or charged with homicide, even if you were not guilty, you know how much having that on your record affects your life. You may struggle 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 you were found not guilty, you could be eligible to have the arrest or charge expunged. This would allow you to deny ever getting arrested or charged with this crime legally. That could open doors for you that wouldn’t otherwise be possible.
You can go through the expungement process independently. But a skilled attorney can help you with all the legal details of the petition for expunction from start to finish. This can dramatically increase your chances of successfully getting the record expunged. Call the Collin County expunction attorneys of Rosenthal Kalabus & Therrian at (972) 369-0577 for a consultation.
How Could an Expungement Lawyer Help?
Some individuals file petitions for expungement without the help of a lawyer for less serious charges. But getting your record expunged for a homicide-related arrest or charge may be more difficult. In these cases, professional help is especially beneficial.
Not every case is eligible for expungement. Our attorneys can help you understand your eligibility from the beginning so that you will have clear expectations.
Additionally, drafting a petition for expungement can be complex. However, our attorneys have extensive experience with the process. We’ll ensure everything gets completed correctly and submitted on time. We will do everything we can to make the process easier for you.
Finally, sometimes the prosecutor can argue in court against the expungement of the record. If you find yourself in this situation, you want a lawyer who understands your case and can 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. This could be another helpful option if you are not eligible to have your record expunged. The record will not get destroyed with a non-disclosure order, but its accessibility will be limited.
This means certain private parties like landlords and employers can’t 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 still have access to the record.
The process of petitioning for a non-disclosure order is similar to 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?
Per Texas law, you may only have an arrest record or criminal charge expunged if you were not found guilty. Several scenarios could meet the eligibility criteria:
- You got arrested but never charged (after a waiting period).
- You got arrested and charged, but your case got dismissed.
- You got charged and convicted but later proven innocent or pardoned.
- The prosecuting attorney recommended an expungement.
However, many specifics of this law apply to various circumstances. Our attorneys can help you understand the details that apply to you and help you take the next steps if you are eligible for an expungement.
Are there scenarios that would disqualify me from expungement?
Several situations would disqualify an individual from expungement. Some key examples include:
- The charge is part of a “criminal episode,” and you either still have charges pending or got convicted of other crimes related to that same episode.
- You received probation.
- You received deferred adjudication.
- You got convicted of a separate felony within five years of the arrest you hope to expunged.
Even if you feel worried you may not qualify for an expungement, our attorneys can review your case’s details and help you understand your options.
Is there a waiting period before I can petition for an expungement?
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 getting an arrest or charge expunged from my record cost?
The overall cost will include statutory, filing, 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 Expungement Attorney Today
If you have a homicide arrest or charge but were not found guilty, you deserve the chance to turn over a new leaf and clear your record. You won’t have to disclose this arrest to anyone if you qualify for expungement. This includes potential employers and landlords.
As you likely already know, navigating the court system can be difficult. And your petition for expungement must be 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 your situation and use the evidence to build a strong petition for an expunction. We also know small mistakes, like paperwork errors or missing deadlines, can have huge consequences. 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.