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Collin County Expunction of Sex Crimes Attorneys

Being arrested or charged with a sex crime can have a devastating impact on your reputation that affects both your personal and professional life. Even when you are ultimately not convicted for a sex crime, the mere fact of your arrest can follow you for years to come. Fortunately, the law in Texas allows you to seek expunction of arrest or trial records for a sex crime that you were not convicted of.

If you receive expunction 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, as many applications for housing, employment, or educational programs may ask if you have ever been arrested or charged with a crime.

If you think you may be eligible to obtain expunction of your arrest or criminal record for a sex crime, turn to the Collin County expunction lawyers of Rosenthal Kalabus & Therrian for a free 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 may be entitled to seek expunction of your record and begin the process of clearing your name so that you can begin to move on with your life.

Do I Need an Expunction Attorney?

In Texas, you are not required to have an attorney to file an application to expunge an arrest or trial record of a sex crime. However, you can improve the chances of having your application approved by the court with the assistance 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, including collecting the required records that must be submitted with your application (such as your arrest and/or court records)
  • Appearing on your behalf during the court hearing on your application, especially if you no longer live near the court where you must file your application or if your schedule does not permit you to take time off to appear in court
  • Arguing against objections levied against your application by the prosecutor or other parties, as well as addressing any concerns with your application that may be raised by the reviewing court

Why Choose Rosenthal Kalabus & Therrian to Help with Expunction of a Sex Crime?

An expunction attorney can help make the process much smoother for you 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 the leading criminal defense firm in Collin County, TX. Our firm is the only criminal defense law firm in the region that has two partners board-certified in criminal law, a distinction held by only one percent of attorneys in Texas. For that reason, you can trust that our legal team has the experience and knowledge needed to thoroughly and vigorously pursue your rights to receive an expunction.

When you turn to our firm for help with your expunction application, you’ll have the benefit of our firm’s team approach to cases, with each of our experienced criminal defense attorneys collaborating on your case to develop an effective argument and strategy to pursue a successful expunction of your record.

Frequently Asked Questions about Expunction of Sex Crimes

Our clients always have questions when they first come to see us. We’ve answered some of those we hear most often to give you some additional information.

Are sex crimes eligible for expunction?

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 may be granted 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 take a charge to trial and recommended expunction
  • A charge resulted in a not guilty verdict
  • An individual was convicted of a sex crime but later received a pardon
  • An individual was convicted of a sex crime but ultimately obtained relief from their conviction based on actual innocence

What is involved in the process of expunction?

To obtain an expunction of an arrest record for a sex crime, you must file an application with the local court where you were arrested and/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. At the hearing, the prosecutor or other interested parties may also file an objection to expunging your record on grounds that the public interest in maintaining your record outweighs your need for expunction.

How long do I have to wait to apply for expunction?

In most cases, you must observe a waiting period to apply for expunction, 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. Orders of non-disclosure are typically granted in cases for which expunction cannot be provided. For example, convictions may be subject to an order of non-disclosure but cannot receive an expunction.

If I obtained expunction of a sex crime, do I still have to disclose the fact that I was arrested and charged?

If you receive an expunction of your arrest record, you may legally deny that you were arrested for a sex crime, unless you are participating under oath in a court proceeding regarding that arrest. In any circumstances where you are required to disclose that you were arrested for a sex crime, you are also entitled to clarify that the arrest/charges were expunged from your record.

Contact an Expunction Attorney at Rosenthal Kalabus & Therrian

If you need help with expunging an arrest record for a sex crime, call Rosenthal Kalabus & Therrian today at (972) 369-0577 for a free, confidential consultation to speak with an expunction attorney about your legal rights and options for obtaining an expunction of your record.

Written by: Rosenthal Kalabus & Therrian Last Updated : February 7, 2022