A sex crime charge or arrest can devastate your reputation, affecting your personal and professional life. Even when you are ultimately not convicted of a sex crime, the mere fact of your arrest can follow you for years. Fortunately, the law in Texas allows you to seek an expungement of an arrest or trial record if you got acquitted of a sex crime.
If you receive an expungement of your record, you generally are legally entitled to deny that you were ever arrested for or charged with a sex crime. This can help you avoid the long-lasting stigma of an arrest. Many housing, employment, or educational program applications ask if you have ever been arrested or charged with a crime.
Do you think you may be eligible for an expungement of your arrest or criminal record for a sex crime? Turn to the Collin County expunction lawyers of Rosenthal Kalabus & Therrian for an initial case evaluation. We’ll discuss how an expunction attorney from our firm can help guide you through the expunction process. We can determine whether you can seek an expungement of your record and begin clearing your name so that you can begin to move on with your life.
Do I Need an Expunction Attorney?
In Texas, you do not have to hire an attorney to apply for expungement of an arrest or trial record of a sex crime. But you can improve the chances of having your application approved by the court with the help of an expunction attorney. An expunction attorney can help with all the steps of the expunction process, including:
- Evaluating the circumstances of your case to determine whether you qualify for an expunction of your record
- Drafting your expunction application and collecting necessary records to submit with your application
- Appearing on your behalf during court hearings, especially if you no longer live nearby or cannot take time off to appear in court
- Arguing against objections to your application and addressing any concerns the court has with it
Why Choose Rosenthal Kalabus & Therrian to Help with an Expungement of a Sex Crime?
An expunction attorney can make the process much smoother and give you the best chance at having your application approved by the court. That’s why you need an expunction attorney from Rosenthal Kalabus & Therrian. Our attorneys have worked tirelessly to become Collin County’s leading criminal defense firm.
Our firm is the only criminal defense law firm in the region, with two partners, board-certified in criminal law. Only one percent of attorneys in Texas hold this distinction. So, you can trust that our legal team has what it takes to pursue your right to an expunction.
When you turn to our firm for help with your expunction application, you’ll benefit from our team approach to cases. Each of our experienced defense attorneys will collaborate to develop an effective legal strategy for expunction.
Frequently Asked Questions about Expungement of Sex Crimes
Our clients always have questions when they first come to see us. We’ve answered some of those we often hear to give you additional information.
Are sex crimes eligible for expungement?
A sex crime may only be expunged from a person’s record if the charge did not result in a finding of guilt. Circumstances in which expunction could be available include:
- No formal charges were filed
- A grand jury “no-billed” a sex crime charge
- A sex crime charge was dismissed
- The prosecution elected not to bring a charge to trial and recommended an expunction
- A charge resulted in a not-guilty verdict
- An individual was convicted of a sex crime but later received a pardon
What is involved in the process of expungement?
To get an expungement of an arrest record for a sex crime, you must apply to the local court where you got arrested or charged. You must also pay an application fee, although you can request a waiver of the fee due to personal financial hardship. The court will hold a hearing to review your application to determine whether you qualify for an expunction.
The prosecutor or other interested parties may also file an objection to expunging your record at the hearing. For example, they might argue the public interest in maintaining your record outweighs your need for expunction.
How long do I have to wait to apply for an expungement?
In most cases, you must observe a waiting period to apply for an expunction. This period gets measured from the date of the underlying criminal incident or the date of your arrest. Misdemeanors are subject to a two-year waiting period, while most felonies have a three-year waiting period. Certain felonies may have longer periods.
Can I apply for expunction if I obtained an order of non-disclosure?
Generally no. Non-disclosure orders are typically granted when an expungement is not possible. For example, convictions may be subject to an order of non-disclosure but cannot receive an expunction.
If I obtained an expungement of a sex crime, do I still have to disclose that I got arrested and charged?
If you receive an expunction of your arrest record, you may legally deny that you got arrested for a sex crime. In any circumstances where you must disclose that you got arrested for a sex crime, you can also clarify that the incident has been expunged.
Contact an Expungement Attorney at Rosenthal Kalabus & Therrian
If you need help to expunge an arrest record for a sex crime, call Rosenthal Kalabus & Therrian today at (972) 369-0577. Get started with a confidential consultation to speak with an expunction attorney about your legal options.