Sometimes in life, mistakes are made that result in an arrest, a charge, or a conviction being made. When an expunction is approved and the records are destroyed, they are physically shredded and documentation of that charge no longer exists. The individual can deny the charge, even in a court of law, and it becomes as though the incident never happened.
A Denton expunction lawyer can help expunge, or permanently delete, charges and arrests with no convictions from your record. However, a person cannot typically have convictions wiped off of their record
Eligibility and Statute of Limitations
According to Chapter 55 of the Texas Code of Criminal Procedure, there is a long list of different offenses and situations that are eligible and ineligible for expunction.
Before trying to have a charge expunged from one’s record, it is important to review this document to determine whether or not the offense is eligible for expunction. This document is filled with technical terms and can be difficult to understand, but hiring an experienced expunction attorney in Denton can help.
After listening to a client’s story and learning the full details of their situation, an attorney can tell clients whether or not their case is eligible for expunction.
While Chapter 55 of the Texas Code of Criminal Procedure outlines all instances in which a person may be eligible to have information expunged from their record, not everyone who meets those criteria are still eligible. Typically expunction will not be granted if:
- Individuals are on probation or have received deferred adjudication
- Individuals have been found guilty of committing a felony within five years of the incident the individual is asking to have expunged
- There are charges pending for a different offense that pertains to the same incident
- The individual asking for expunction committed another crime during the same incident
Lastly, if the statute of limitations for the offense has not passed, offenses and charges are not eligible for expunction. The statute of limitations is the amount of time the county or state prosecutor has to bring legal charges against the accused. The statute of limitations will be different depending on the offense, but in Texas it is typically three years.
A qualified Denton lawyer will be able to tell clients what the statute of limitations is on the offense they would like expunged from their record.
How to Obtain an Expunction
The actual process of obtaining an expunction is a very simple one for those that understand the law. A Petition for Expunction simply needs to be filed with the district court that laid the original charges. Once the petition has been filed, the court will then approve or deny it. If the petition is approved, an Order for Expunction then needs to be filed in order to have the records destroyed.
While it is a simple process, the Petition and Order for Expunction can be difficult to understand, and if there are any mistakes made, the entire process can be delayed for years. To find out if a past charge or offense is eligible for expunction, call us today. We are professional expunction attorneys in Denton who believe mistakes should not follow people around their entire lives. Call us today, and find out if we can help you with your case.