What Is An Expunction?
When you hear the word expunction, it is referring to the erasing of a crime from a person’s record. If you were arrested but have not been officially charged, expunction could be possible. In the state of Texas, there are different expunction options, depending on your situation.
To learn more about the process of expunction and determine if it is an option for you or a loved one, consult with a Houston criminal lawyer.
Standard Expunction and Acquittals or Pardons
The term standard expunction means an individual was not charged with a crime. This could be because a person was arrested but not charged or they were charged but not convicted. While the deadline for a standard expunction is not set, it is best to move forward with the paperwork as soon as possible. Then it can be filed with the court and taken care of in a timely manner.
Acquittal or pardon expunctions are also possible if a person is convicted in the state of Texas but then a court of appeals acquits them. Timing matters in these circumstances. The petition needs to be filed within 30 day of acquittal, and it needs to be filed with the court that acquitted them or, at minimum, within the same district. Failure to file within 30 days could lead to additional fees. Similarly, people who receive a post-conviction pardon have 30 days to file an expunction petition without additional expenses.
There are also discretionary expunctions or dismissals. To learn more about expunction in Texas, consult a legal professional. Layers who are daily working in the field of criminal law know how to defend an individual’s rights and file for expunctions.
6 Months or 180 Days
If you are eligible for an expunction and all the paperwork was filed correctly, your record will be clean six months after the order is put into effect. The advantage is that the arrest will not be on your record if someone in your life runs a background check, such as an employer or landlord.
Being arrested can be frustrating and stressful. But when you work with a Houston criminal lawyer, there are solutions. A skilled attorney knows how to develop a strong strategy to deal with your arrest and charges. And if an expunction is possible, you can put the whole event in your rearview mirror and not have to cope with the stigma of a criminal record.
There are a variety of expunctions. Once you honestly share the details of your arrest with a lawyer, they will assess your situation and determine the best path for you.
Are you wondering if an expunction is possible for you? Our experienced legal team can defend you against criminal charges and explore non-disclosure options. We have the knowledge to protect you whether the alleged crime was minor or serious. Reach out to the legal team at Ayson Law Firm to understand your rights. Contact us today for a free consultation with a Houston criminal defense attorney today.