Expunction

Expunction

Expunctions destroy all the records related to a criminal case.  They are for people who have been arrested and their cases have been:

a)      Dismissed

b)      They have been found Not Guilty by a jury

c)      Their charge has been reduced to a Class C misdemeanor and they got deferred adjudication on that Class C misdemeanor.

 


If you want to have your case expunged please give us a call.  We handle expunctions throughout South Texas, and we will not charge you unless we are sure that your case can be expunged, or we have explained the risks of filing an expunction and not getting your case expunged.

An expunction is the method by which a District Court orders a governmental agency to destroy the records relating to a criminal matter that has been reduced or dismissed.

When you are charged with a crime your reputation can be damaged or ruined.  If your charge has been reduced or dismissed you may be able to clear your name by filing for an expunction.  In the State of Texas you are eligible for an expunction if your case has been dismissed depending on the crime.  An expunction is a court order that orders every agency with a record of your offense to destroy the records that they are maintaining..

When you are arrested there are a numerous places where your records are kept.  As criminal defense attorneys we know the location of each and every one of these places.  The following case is an example of how many places can have a record of a single shoplifting case.

Let’s say someone shoplifts in San Antonio, Texas.  Let’s also say that they live in Live Oak, and a warrant is issued for their arrest.  The Live Oak police Department picks up the alleged shoplifter and takes them to the Bexar County Jail.  The case is then pursued in court, but finally the case is dismissed.  The following agencies would have a record of the shoplifting case 1) San Antonio Police Department 2) The Live Oak Police Department 3) The Bexar County Sheriff’s Office 4) The Bexar County Clerk 5) The Federal Bureau of Investigations 6) The Bexar County District Attorney’s Office 7) Bexar County Pre-Trial Services Office 8) The Texas Department of Public Safety.  All of these agencies will retain a copy of the criminal record unless they are ordered to destroy it.

Once you decide to have your case expunged we will follow the following steps 1) Check to see if you qualify for an expunction 2) Determine the agencies that need to be served with the order 3) File a Petition seeking a court order to destroy the records contained in your file and the file itself 4) Wait an appropriate amount of time so that your right to an expunction becomes ripe.

Frequently Asked Questions About Expunctions



1)    Do I qualify for an expunction?

If your case has been dismissed or if your case has been reduced to a Class C misdemeanor you will qualify for an expunction.  If your original accusation was a Class C misdemeanor you are eligible for an expunction so long as you received Deferred Adjudication on that Class C misdemeanor.  If your felony or Class B misdemeanor case was dismissed you have to wait for the statute of limitations to expire before you can get your case expunged.  We would be glad to speak to you for free and we would not charge you anything until we are sure that your case can be expunged.

2)    What is the benefit of an expunction?

An expunction is a court order that requires the police department, county courts, and District Attorney’s Office to destroy your records.

3)    Can I do it myself or should I use a document service to do my expunction?

Some document services request low fees in exchange for getting your case expunged.  These document services typically do not appear for you in court.  Additionally, they only provide the paperwork necessary to get your case expunged.  It is up to you to fill out the paperwork accurately.  Mistakes can result in getting the wrong records or partial records destroyed.  Additionally, there is no guarantee that they have the correct documents for your jurisdiction.  Finally, you might spend money to attempt to expunge an offense that cannot be expunged.  Calling an attorney to handle your expunction may save you time and money, and our initial consultation is always free.