Having a drug charge or another serious crime on your record can make life really hard. It can stop you from getting jobs, volunteering, and living without people judging you. Things that are easy for others can be much harder for you.
Clearing your criminal record can help you start fresh and improve your life.
Here at the Law Offices of David M. White, our Abilene criminal records expunction attorney offers legal services to help remove criminal records from your life forever.
Abilene Expunction Guide
Why Choose Our Abilene Records Expunction Lawyers?
Choosing the right lawyer makes all the difference in the outcome of your case. The legal team at the Law Offices of David White understands the complexities of criminal records expungement and has a proven track record of success.
By hiring our Abilene records expunction lawyers, you can be confident that your rights will be protected.
Our team is committed to providing personalized attention to each client. We understand that every case is unique and tailor our approach accordingly.
Finally achieving a clean record is an emotional experience for many people, and we’re here for you.
Whether your criminal records are associated with the Abilene Police Department (4565 South First Street) or the Taylor County Detention Center (910 South 27th Street), the state’s attorney, county sheriff, or circuit clerk, our Abilene criminal defense lawyers will handle your case effectively.
The Benefits of Working With the Law Offices of David White
With our extensive experience in criminal record law, we have developed strong relationships with medical professionals, accident reconstruction experts, and other relevant authorities.
We have a healthy and respectful working relationship with the Taylor County District Attorney's Office and all the hard-working folks at the Abilene Municipal Court and Taylor County Courthouse.
These connections help to build a strong case, ensuring that all aspects of your expunction are thoroughly assessed and documented.
In Texas, there are two ways to give your record a fresh start: expunction or expungement and record sealing or nondisclosure.
What is Expunction?
Expungement, or expunction, is a legal process where your criminal record for a specific offense is completely erased. If your Petition for Expunction is approved in Texas, the law requires that all records linked to that offense be destroyed or deleted.
This includes a wide range of records, such as:
- Jail records, which cover mugshots and booking information.
- All digital records of the offense are available online.
- Any physical paper files related to the case.
- Files held by the prosecutor's office.
- Records maintained by the court clerk.
Once your record is deleted, it's as though the charge never existed. It's a clean slate - the offense is entirely removed from your history. This means that no one, including potential employers, landlords, or law enforcement, will have any record of the offense.
Legally, you can state that you have never been arrested for that charge. Expunction is a powerful tool offering a chance to move forward without the shadow of a past offense.
Am I Eligible for Expunction?
Determining whether you are eligible for expunction involves assessing specific criteria related to your case.
You might qualify in the following scenarios:
- Completion of Pretrial Diversion: If you've completed a Pretrial Diversion program, this could be a pathway to expungement.
- Arrest without Prosecution: You might be eligible if you were arrested, but your case wasn't prosecuted because it was rejected or never filed.
- Case Dismissal: If your case was formally dismissed, this could open the door to expungement.
- Deferred Adjudication for Certain Misdemeanors: You might qualify for expungement if granted deferred adjudication (a form of plea deal) for certain Class C misdemeanors.
Eligibility for expunction is complex, requiring a thorough evaluation of your legal history and the specifics of your case. Our legal team, based in Abilene, offers a preliminary assessment to determine if you qualify for expunction, and this initial evaluation is completely free of charge.
If we establish that you are eligible for expungement, we provide a money-back guarantee on our services. Our fees for expungement vary based on the complexity and specifics of your case, typically ranging from $950 to $1,500.
We offer transparent, reliable legal assistance to help you navigate the expunction process and move toward a brighter future.
What Records Can You Expunge?
In Texas, the possibilities for expunging both misdemeanors and felonies are determined under specific conditions.
These include:
- Dismissal of Felony Charges: If your felony charge was dropped or dismissed without any further legal action, you might be eligible for expungement in most cases.
- Acquittal at Trial: You can pursue expungement if you are tried for an offense and subsequently acquitted.
- Post-Conviction Innocence: In instances where you were initially convicted but later legally declared innocent by a court, expungement is an option.
- Gubernatorial Pardon: If the Governor of Texas has officially pardoned you for an offense, this clears the path for expungement.
Certain crimes, particularly those involving children, sexual assault, DWI (Driving While Intoxicated), or violent acts, typically do not qualify for record sealing in Texas.
The legal framework for expungement in Texas is detailed in the Texas Code of Criminal Procedure Article 55.01, referred to as the expunction of criminal records.
We offer comprehensive legal assistance across a spectrum of expungement cases, including:
- Expunctions Following Acquittal: Assistance after a not-guilty verdict.
- Acquittal on Appeal or Pardon: Support those acquitted on appeal or granted a pardon.
- Unfiled Case Expunctions: Help with deleting never formally filed cases.
- Prosecutor Recommended Expunctions: Cases where the prosecuting attorney suggests expunction.
- Juvenile Offenses: Assisting with the expunction of juvenile records.
- Expunction for Relatives: Helping close relatives in pursuing expunctions.
- Nondisclosure Orders: Assistance with orders that seal criminal records from public view.
The expungement process can be lengthy, often spanning several months from filing to the final destruction of records. Once it’s granted and signed by a judge, you can deny any past arrests for misdemeanors or felonies on job applications or in conversations with potential employers.
Our skilled attorneys guide clients through this process, ensuring a thorough and effective approach at every step.
What if I Don’t Qualify for Expulsion?
The court can deny a request for expunction for several reasons, including:
- Ineligibility of the Offense: Felonies, violent crimes, or sexual offenses aren’t eligible for expungement.
- Failure to Meet Conditions: If the individual has not met all the conditions required for expungement, such as completing probation, paying fines, or waiting the required period after the case's conclusion, the request can be denied.
- Incomplete or Incorrect Application: Errors, omissions, or inaccuracies in the expungement application can lead to denial.
- Outstanding Legal Obligations: If the individual has outstanding legal obligations, such as unpaid fines or restitution, active probation, or other pending criminal charges, the expungement request might be denied.
- Objections from Prosecutors or Victims: In some cases, objections from prosecutors or victims may influence the court's decision, especially if they provide compelling reasons against expungement.
- Public Safety Concerns: The court may consider the impact of expungement on public safety and deny the request if it believes expungement could pose a risk.
- Prior Criminal History: An extensive or severe criminal history might affect the court's decision, particularly if the individual has multiple past offenses or a pattern of criminal behavior.
- Failure to Demonstrate Rehabilitation: If the court is not convinced that the individual has been rehabilitated or that expungement is in the interest of justice, it may deny the request.
- Statutory Limitations: Each jurisdiction has specific laws and statutes governing expungement. It can be denied if the request doesn't meet these statutory requirements.
- Discretion of the Court: Ultimately, expungement decisions often lie within the discretion of the court, which can consider various factors in its decision-making process.
If an expungement request is denied, you may seek legal advice to explain the reasons for denial and explore options, including addressing the reasons for denial and reapplying or appealing the decision if appropriate.
If you don’t qualify for expungement, you may still be able to limit access to your criminal records with an order of non-disclosure, which seals your criminal record from public view.
The record is still available to governmental agencies on a restricted basis, but prospective employers, landlords, or creditors will not see it.
Our criminal law lawyers will sit with you one-on-one to review your case and the best possible options.
What is Nondisclosure?
Nondisclosure is a legal process that seals your record from public access. While government agencies can still view your record, it becomes invisible to the public, including private employers and landlords.
When a Petition for Nondisclosure is granted, it seals various records, including:
- Jail records, which encompasses mugshots and other detention details.
- All digital records of the offense that might be available online.
- Any other records that the public could access.
Once this petition is approved, these specified records are effectively concealed from public view. This allows you to assert that you have never been charged with that specific offense.
Eligibility for nondisclosure often hinges on whether you have completed deferred adjudication probation, meaning you've entered a plea, but the judge delayed (deferred) the official verdict (adjudication) of guilt.
The charge is dismissed if all conditions are met following the probation period.
Nondisclosure is primarily available for common misdemeanor offenses, although exceptions exist. Certain offenses require a waiting period before a nondisclosure petition can be filed.
Our criminal defense attorney offers a complimentary consultation to evaluate your eligibility for nondisclosure. We provide a money-back guarantee for our nondisclosure services to ensure your confidence and satisfaction in our assistance.
The costs for nondisclosure services vary, typically from $750 to $1,250. This fee structure is designed to be transparent and reasonable, reflecting the complexities and nuances of each case.
We provide skilled legal guidance throughout the nondisclosure process, helping to navigate the legal system efficiently and effectively.
How Our Abilene Expunction Attorney Can Help
An expunction lawyer plays a crucial role in navigating the complexities of the criminal justice system and providing legal representation to individuals accused of crimes.
Here's how they assist:
An expunction lawyer fully understands the laws associated with legal expungement. Their role is vital for individuals seeking to remove the stigma and limitations often associated with having a criminal record.
Here's how an expunction lawyer helps:
- Assessing Eligibility: They evaluate your case to determine if you are eligible for expunction. This involves reviewing the details of your offense, conviction, and any subsequent actions like probation or community service.
- Understanding the Law: Expunction laws vary by state and are often complex. An expunction lawyer understands these laws and how they apply to your situation.
- Filing the Petition: If you're eligible, the lawyer prepares and files a petition for expunction with the relevant court. This document must be completed accurately and comprehensively to avoid delays or denials.
- Gathering and Presenting Evidence: They gather the necessary documentation and evidence to support your petition. This might include court records, proof of completed probation, or evidence of rehabilitation.
- Advising on Implications: They advise on the implications of expunction, such as your rights regarding disclosure of your criminal record to employers or during legal proceedings.
- Handling Objections: If the prosecutor or other parties object to your expunction, your lawyer can counter these objections and advocate for your interests.
- Follow-up and Confirmation: After a successful expunction, they can help confirm that records have been properly sealed or destroyed as per the court's order.
- Guidance on Future Conduct: They provide guidance on how to maintain a clean record and understand the legal significance of your expunged record in various aspects of life, like job applications or housing.
Their know-how and support are invaluable in navigating the criminal justice system and advocating for the best possible outcome for their clients.
Get Your Free Consultation From Our Abilene Expunction Attorneys
The Law Offices of David White are here to help you.
Our Abilene criminal defense lawyers have the dedication and resources to navigate the complexities of criminal record law and win you the outcome you deserve.
Contact us today at (325) 437-3311 for your free consultation and take the first step toward clearing your name.