The process itself takes between 30-60 days depending on the county. After you are found Not Guilty, you are entitled under the law to an expunction, or an erasing of that DWI case record and arrest record. You have a great attorney that is knowledgeable about the law who is able to have you acquitted (our attorneys have accrued quite a few Not Guiltys and Dismissals - see our recent case results HERE). ![]() You maintain your innocence the entire way and you end up going to trial. Say you were arrested for DWI in Tarrant County. The Law Offices of Jayson Nag has handled dozens of expunctions and non-disclosures in Fort Worth.įirst, a bit of background on the Expunction and Non-Disclosure procedure.Ī Petition for Expunction is a tool that criminal defense attorneys use to erase our client’s criminal record. We routinely handle matters in Tarrant County and nearby jurisdictions.8 Jul, 2016 in Criminal Law by jaysonnag (updated 2126 days ago) For a free consultation with an experienced criminal defense attorney in Fort Worth, contact Herreth Law. If the conviction is very old, the nature of the offense lines up with the governor’s political agenda, and the defendant applies at the right time, the governor often grants pardons.Įxpungement and other such relief is often available in Texas. These pardons are easier to obtain than many people think. A hung jury is not an expungeable result, and neither is conviction of a lesser-included offense.Īdditionally, expungement is available if the Court of Criminal Appeals, which is the highest criminal appeals court in Texas, overturns the conviction. If a person proves that s/he was wrongfully arrested and prosecuted for a crime and someone else was arrested, charged, and convicted of the crime, expungement is available.Ī not-guilty finding in the trial court is expungeable. Many defendants give officers false names or even fake drivers’ licenses or other identifying documents. This expungement ground is a bit like the dismissal for lack of probable cause discussed above. A few other misdemeanors are expungeable as well, if the defendant was convicted in juvenile court. The same rules apply to juvenile convictions for failure to attend school. Some employment background check companies do not count records more than seven years old, but the records still exist. Also, criminal convictions do not fall off your record after seven years. Even if the defendant pleaded guilty and received probation, these offenses may be expungeable.Ĭontrary to popular myth, the court does not automatically expunge or seal juvenile records once the person turns 18. Minor in Possession of alcohol is one of the few expungeable juvenile convictions. The statute defines a lack of probable cause as “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.” Prosecutors dismissed the charges after the defendant completed a pretrial diversion program, or ![]() The defendant completed a veteran’s treatment program, ![]() Expungement may not be available in these situations. ![]() Sometimes, prosecutors dismiss charges because they are too busy to try the case or for another such reason. If a lawyer files the petition too early, prosecutors may notice their error and file charges. Once the statute of limitations expires, an attorney can file an expungement petition. Defendants can benefit from these paperwork errors if they act at the right time. This procedure is almost as good as expungement and is available in even more situations.Įspecially in large jurisdictions like Tarrant County, criminal offenses sometimes fall through the cracks. If your disposition does not qualify for expungement, talk to a Fort Worth criminal defense attorney about record sealing. Especially if the offense was a crime of moral turpitude, like assault or theft, a criminal conviction makes it difficult to pursue certain careers, obtain student aid, and do other things which most people take for granted.įortunately, Texas has a very broad expungement law which applies in the following situations.
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