Prosper Expunction Lawyers

Attorneys Helping Clients Clear Their Criminal Records in Prosper, Texas

When a person has been arrested, charged with a crime, or convicted, they may have a criminal record that could continue to affect them for years. However, options may be available to remove information about a criminal case from a person's record and prevent this information from being accessed by other people. The process of clearing a criminal record can be complicated, and legal help from an attorney who understands the applicable laws and procedures can help ensure that a record can be cleared correctly.

The lawyers at Texas Defense Firm assist with the expunction process, advising clients on the best ways to address their criminal records. We can help a person determine whether they are eligible to expunge a record or whether they may be able to request an order of nondisclosure. We will make sure the right steps are followed in these cases so that a person can receive a fresh start and avoid problems related to a criminal record.

Understanding Expunction and its Benefits

In certain cases, a person may be able to address a criminal record by requesting expunction. If their request is granted, the records connected to an arrest and criminal case will be destroyed or deleted. This will treat the case as if it never happened. Once a court grants an expunction, the relevant government agencies, including local police departments and the Texas Department of Public Safety, are required to destroy records related to an arrest, the charges against a person, and the issues addressed during the case.

When a person has been granted an expunction, they will no longer need to disclose information about the case on job applications, and the records will not appear during background checks. This can remove obstacles that may have affected a person's ability to work in certain jobs, lease a house or apartment, or pursue other opportunities.

Types of Records That May Qualify for Expunction

Understanding which records may qualify for expunction is an important first step in the process of clearing a criminal record. In most cases, expunction will be available for records related to arrests that did not result in formal criminal charges being filed, cases where charges were dismissed, and cases that resulted in acquittals.

Other situations that may qualify for expunction include certain types of criminal cases that were resolved through deferred adjudication, cases where a pardon was granted, and cases where arrests and charges were based on a mistaken identity. Expunction will usually be available for records related to juvenile crimes, which can help ensure that charges a person faced when they were a minor will not affect them after they reach adulthood. Many cases will involve waiting periods, and a person may not be able to apply for expunction until one to three years after a case was closed.

In general, a person who was convicted of a crime will not be eligible for expunction. Even if a case involved a misdemeanor or another minor offense, a conviction may remain on a person's record. In these situations, a person will need to determine what other options may be available for minimizing the impact of a criminal record.

Nondisclosure Orders for Records That Are Not Eligible for Expunction

When a record does not qualify for expunction, a person may be eligible for nondisclosure. If an order of nondisclosure is granted, it will prevent records from being accessible to the public. This is also known as sealing, and it will prevent most employers, landlords, or other parties from viewing criminal records. Information may not appear on background checks, but law enforcement officials and courts may be able to view information about a criminal case.

A person may be able to receive nondisclosure if they received deferred adjudication and completed a term of probation successfully. Some criminal convictions may be eligible for nondisclosure, but certain types of offenses, including cases involving family violence or sex crimes, generally cannot be sealed.

The Process of Applying for Expunction or an Order of Nondisclosure

When a person wishes to clear their criminal record, they will need to file a petition with the appropriate court. Law enforcement agencies or district attorneys will also receive a notification of the petition, and these officials may take steps to object to the petition.

A hearing to address a person's request will usually be held, and a judge will consider the case to determine whether a person should be granted relief. They may hear arguments from the petitioner or any objections that prosecutors or law enforcement officers may have to expunction or nondisclosure. If the judge approves the request, they will issue an order to have records expunged or sealed.

Helping Clients Clear Their Criminal Records

A full review of a person's criminal history can determine which records may be eligible for expunction or nondisclosure. Our attorneys will make sure clients understand the options that are available and the steps they will need to take when filing petitions. We can file the required petitions and any other related documents, and we will represent clients during hearings. Our goal is to help clients minimize the impact that criminal records may have on their futures.

Contact Our Prosper Expunction Attorneys

Clearing records related to an arrest, a criminal case, or a conviction can open doors for a person who has resolved issues related to criminal charges that took place in the past. At Texas Defense Firm, our attorneys can make sure our clients take the right steps to clear their records and move forward with their lives. Contact our Prosper, TX expunction and nondisclosure petition lawyers at 972-369-0577 to arrange a free consultation.