Expungement Lawyer Houston

Need to Erase Your Criminal Record?

Looney, Smith & Conrad, Expungement Lawyer Houston

Clearing a Texas Criminal Record

Today, more than 80 percent of employers, landlords, and credit agencies conduct criminal background checks. Having a clean record makes a difference during a job search. Equally important, it may be the key to a better paying job. Furthermore, a clean record can mean a better quality of life. Call Expungement Lawyer Houston at 281-597-8818 for a free consultation.

In Texas, there are several ways a person can clean up a criminal record including:

 

Expungement
Setting aside convictions
Petitions for nondisclosure

Expungement

Expungement means the court orders destruction of all records of both the arrest and prosecution of a criminal case.  In Texas, a person is allowed expunction if the arrest did not end in a conviction.  And, it could not end in some type of community supervision.

A person can also expunge class C misdemeanors if it terminated in a successful completion of a deferred adjudication. It is against Texas law to then use or disclose the existence of expunged records by anyone for any purpose.

The person with the expunged records can deny the arrest and prosecution and even the expunction order itself.  This is unless being questioned under oath in a criminal court.  In that case, the only response should be that the matter is expunged. The person can even deny the case ever occurring when applying for government and law enforcement jobs.

Expunction proceedings are complex.  What’s more, simple mistakes can start the process over again. A post-conviction attorney can write letters to potential employers letting them know the case is scheduled for expunction.  Or that the case is scheduled for non-disclosure.  The expungement Lawyer Houston can let them know the person’s record will soon be cleared.

Right to Expunction

A person has the right to expunction if presented at any time following the arrest, is dismissed or quashed. And, the court finds the indictment or information is dismissed or quashed because:

1. the person completed a veterans treatment court program created under Chapter 124, Government Code, or former law, subject to Subsection (a-3);
2. he or she completed a mental health court program created under Chapter 125, Government Code, or former law, subject to Subsection (a-4);
3. the person completed a pretrial intervention program authorized under Section 76.011, Government Code, other than a veterans treatment court program created under Chapter 124, Government Code, or former law, or a mental health court program created under Chapter 125, Government Code, or former law;
4. their presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense; or
5. the indictment or information is void.

A person is eligible under Subsection (a)(2)(A)(ii)(b) for an expunction of arrest records and files only if:

1. the person has not previously received an expunction of arrest records and files under that sub-subparagraph; and
2. he or she submits to the court an affidavit attesting to that fact.

Procedure for Deferred Adjudication Community Supervision; Felonies and Certain Misdemeanors

This section applies only to a person placed on deferred adjudication community supervision.  Under Subchapter C, Chapter 42A, Code of Criminal Procedure, who:

1. is not eligible to receive an order of nondisclosure of criminal history record information under Section 411.072; and
2. has been placed on deferred adjudication community supervision or an offense other than an offense under Section 49.04 or 49.06, Penal Code.

Art. 45.051.Suspension of Sentence and Deferral of Final Disposition

On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in misdemeanor case:

Punishable by fine only and payment of all court costs:

Judge may defer further proceedings without entering an adjudication of guilt.

Defendant may be placed on probation for a period not to exceed 180 days.

In issuing the order of deferral, the judge may impose a special expense fee on the defendant.  The amount cannot exceed the amount of the fine that could be imposed on the defendant as punishment for offense. That special expense fee may be collected at any time before the date on which the period of probation ends. The judge may elect not to impose the special expense fee for good cause shown by the defendant.

If the judge orders the collection of a special expense fee:

He will require the amount of the special expense fee be credited toward payment of amount of the fine imposed.

An order of deferral under this subsection terminates any liability under a bond given for the charge.

Notwithstanding any other provision of law:

As an alternative to requiring a defendant charged with one or more offenses to make payment of all court costs:

(as required by Subsection (a)), the judge may:

1. allow defendant to enter into an agreement for payment of those costs in installments during the defendant’s period of probation;
2. require an eligible defendant to discharge all or part of those costs by performing community service. Or he can require attending a tutoring program under Article 45.049/ 45.0492;
3. he can require the person to take any combination of actions authorized by Subdivision (1) or (2).

During the deferral period, the judge may require the defendant to:

1. Post a bond in the amount of the fine assessed to secure payment of the fine;
2. Pay restitution to the victim of the offense in an amount not to exceed the fine assessed;
3. Submit to professional counseling;
4. Allow diagnostic testing for alcohol or a controlled substance or drug;
5. Submit to a psychosocial assessment;
6. Participate in an alcohol or drug abuse treatment or education program. This includes first, a drug education program designed to educate persons on the dangers of drug abuse.  It must be approved by the Department of State Health Services in accordance with Section 521.374 Transportation Code.  Or second, an alcohol awareness program described by Section 106.115, Alcoholic Beverage Code;
7. Pay the costs of any diagnostic testing or psychosocial assessment.  This includes participation in a treatment or education program either directly or through the court as court costs;
8. Complete a driving safety course approved under Chapter 1001, Education Code, or another course as directed by the judge;
9. Present to the court satisfactory evidence the defendant has complied with each requirement imposed by judge under this article; and
10. Comply with any other reasonable condition.

If defendant is younger than 25 and offense committed by defendant is a traffic offense classified as a moving violation:

1. subsection (b)(8) does not apply;
2. during deferral period, judge first shall require defendant to complete a driving safety course approved under Chapter 1001, Education Code.  Second, may require defendant to complete an additional driving safety course.  This is designed for drivers younger than 25 and approved under Section 1001.111.Education Code.  And,
3. if defendant  holds provisional license, during deferral period, judge shall require defendant be examined by Department of Public Safety.  This is as required by Section 521.161(b)(2), Transportation Code.  A defendant is not exempt from the examination regardless of whether the defendant has previously been examined.

Benefits of Expungement

Employment: 99% of employers conduct a criminal background check. Don’t let your past interfere with your future. This includes those who hold a professional license.

Education: 68% of universities collect criminal data on applicants. A criminal history can also affect eligibility for scholarships and student loans.

Adoption: Social workers consider former convictions when determining who is eligible to adopt.

Reputation: Many people feel a sense of relief when they no longer have a criminal record and know their reputation is restored.

For more information, click here:

Civil and Criminal Appeals

Parole

Post Conviction Relief

 

For assistance, contact Expungement Lawyer Houston at Looney, Smith & Conrad, P.C. at 281-597-8818.

Call today for Expungement Lawyer Houston. 

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