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Allen Criminal Defense Lawyers
If you’re here, you might be seeking a fresh start, a clean slate, a chance to leave the past behind. At Deandra Grant Law, we understand the importance of moving forward and the impact a criminal record can have on your life. Our dedicated team of Allen Expungement Lawyers is here to guide you through the process of obtaining an expunction or nondisclosure of your criminal charges in Allen, TX.
What is an Expunction in Texas?
An expunction is an order a court issues stating that your criminal record can be cleared. When an expungement is granted, the court cannot give out any information concerning your arrest or conviction (under certain circumstances). Additionally, any agency with details about your involvement in criminal proceedings must destroy their records or send them to the court.
To seek an expunction, you must first prepare and submit a petition to the appropriate court. The documents need to be complete and accurate. If you submit an incomplete form or provide incorrect information, your case may be delayed or denied.
After the court receives your petition, it will schedule you for a hearing. The proceeding allows individuals with interest in the case to contest your request. However, the court should grant the expunction, provided that you meet the qualifying criteria.
Having your criminal record cleared can provide the relief you need from hurdles you’re facing because of your involvement with the justice system. We understand how important this is for you. That is why our expunction attorneys in Dallas will guide you through every step, ensuring that your petition is filled out correctly and sent to the right place.
Understanding Eligibility for Expungement
In Texas, certain individuals are eligible for expungement if they meet specific criteria. These include:
- Acquittal or Pardon: If you were tried and acquitted, or if you were convicted but later pardoned or relieved because of actual innocence, you may be eligible for expunction.
- Unlawful Carrying of Weapon (UCW) Charges: In certain circumstances, individuals convicted of Unlawful Carrying of Weapon charges may be eligible for expungement.
- Dismissed Cases: Cases that were dismissed without community supervision, unless they were class C tickets, and cases in which the statute of limitations has expired may be eligible for expungement.
- No Charges Filed: If you were arrested, but charges were never filed, and a specific waiting period has expired, you may be eligible for expunction. The waiting period varies based on the severity of the offense.
- Clerical Errors: In cases where an arrest occurred due to a clerical error, expungement may be possible.
What is an Order of Nondisclosure in Texas?
An order of nondisclosure is like an expunction. It provides relief from the limitations arising from involvement in a criminal matter. However, it does not completely clear your record. Instead, it seals it.
A distinction exists between record clearing and record sealing. With record clearing (through an expunction), the information concerning your case is removed and destroyed. With record sealing (through nondisclosure), the details concerning your case are still maintained. However, neither the court nor criminal justice agencies with access to your files can provide that information to the public. Your record can only be released to certain entities under limited circumstances.
Requesting an order of nondisclosure begins with preparing and filing a petition. You must demonstrate in your petition that you are eligible to pursue this avenue for relief. You must also ensure that you submit the documents to the correct court.
After you submit your petition, the court will:
- Notify the District Attorney’s Office of your request,
- Schedule you for a hearing, and
- Determine whether sealing your record is in the best interest of justice.
Our nondisclosure lawyers in Dallas are here to prepare your file and demonstrate that you are entitled to file a petition.
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Who Qualifies for Nondisclosure?
Chapter 411 of the Texas Government Code lists the criteria for seeking an order of nondisclosure in various circumstances. We’ll discuss the specific requirements for each a bit later. But generally, to qualify for nondisclosure, you must not have been convicted of or placed on deferred adjudication community supervision during the sentence or waiting period for the offense you are requesting to have sealed. In other words, you must have been crime-free (except for traffic violations) after a decision was made in the case you are seeking nondisclosure for.
You may not qualify for an order of nondisclosure if you are requesting relief from or have been previously convicted or placed on community supervision for:
An offense requiring registration as a sex offender;
- Aggravated kidnapping;
- Murder;
- Capital murder;
- Trafficking of persons;
- Continuous trafficking of persons;
- Injury to a child, elderly person, or disabled individual;
- Abandoning or endangering a child;
- Violating a condition of bond set in a family violence, sexual assault, indecent assault, stalking, or trafficking case;
- Stalking; or
- A family violence offense.
What Offenses are Eligible for Nondisclosure in Texas?
The records for certain misdemeanors or felonies resulting in convictions or deferred adjudication community supervision may be eligible for nondisclosure.
Below we discuss the criteria and processes for different situations.
Nonviolent Misdemeanors Resulting in Deferred Adjudication Community Supervision (Texas Government Code § 411.072)
Relief is available to first-time offenders whose judgment was deferred and were placed on community supervision at a certain time.
Typically, though the court will not automatically issue an order of nondisclosure without a request from an eligible person, the nondisclosure process is more streamlined if the individual meets the general criteria for nondisclosure and the judge discharges and dismisses the case.
Automatic nondisclosure for nonviolent misdemeanors resulting in community supervision is not available if the offense was:
- DWI or BWI,
- Kidnapping,
- A sexual offense,
- An assaultive offense,
- An offense against the family,
- Disorderly conduct,
- Public indecency,
- A weapons crime, or
- Organized crime.
Certain Misdemeanors and Felonies Resulting in Deferred Adjudication Community Supervision (Texas Government Code § 411.0725)
An individual may petition for an order of nondisclosure if placed on deferred adjudication community supervision for certain misdemeanors or felonies. However, they are not eligible for relief if the offense was DWI or BWI.
The individual can file a petition:
- After their case was discharged and dismissed (for certain misdemeanors only).
- 2 years after the discharge and dismissal of their case if it involved any of the following misdemeanors:
- Kidnapping
- Sexual offense
- Assault
- Offense against the family
- Disorderly conduct
- Public indecency
- 5 years after their case was dismissed if it were a felony
Certain DWI or BWI Misdemeanors Resulting in Deferred Adjudication Community Supervision (Texas Government Code § 411.0726)
Individuals convicted of a first-time misdemeanor DWI or BWI may petition for an order of nondisclosure 2 years after the court has dismissed and discharged their case.
If the District Attorney’s Office provides evidence that the person caused an accident involving someone else (including a passenger in the person’s own car), the court may not grant the request for relief.
Completion of a Veterans Court Treatment Program (Texas Government Code § 411.0727)
Relief may be available for veterans convicted of or placed on deferred adjudication community supervision for felonies or misdemeanors and ordered to attend a treatment program. They can petition for nondisclosure 2 years after completing the program. However, they are not eligible if the information they are requesting to have sealed is related to a DWI offense.
Certain Misdemeanors Resulting in Community Supervision Upon a Conviction (Texas Government Code § 411.073)
If a person is convicted of a misdemeanor and ordered to confinement as a condition of community supervision, they could petition for an order of nondisclosure. However, operating while intoxicated offenses are not eligible under this statute.
To qualify for relief, the individual must:
- Have completed the community supervision period, including the term of confinement;
- Have satisfied all fines, court costs, and victim restitution; and
- Not have been previously convicted of or placed on deferred adjudication community supervision for any offense.
The individual can submit a petition after:
- Completing their term of community supervision; or
- 2 years after completing their term of community supervision if they were convicted of kidnapping, a sexual offense, assault, an offense against the family, disorderly conduct, public indecency, or a weapons crime.
Certain DWI Convictions Resulting in Community Supervision (Texas Government Code § 411.0731)
A person may petition for an order of nondisclosure for a DWI conviction if the offense was a misdemeanor and did not involve a blood alcohol concentration of 0.15 or more. To be eligible under the statute, the individual must have been ordered to serve a term of confinement as a condition of community supervision.
The individual can apply for relief after completing their sentence and paying all costs and fees:
- 2 years after finishing the community supervision term, if they were ordered to and complied with the condition to have an ignition interlock device installed (IID) on their vehicle.
- 5 years after finishing the community supervision term if they did not have an IID restriction.
The court may not grant the request if the District Attorney’s Office shows that the DWI offense led to an accident involving another person (including a passenger in the petitioner’s own vehicle).
Certain Misdemeanor Convictions (Texas Government Code § 411.0735)
Convictions for misdemeanors other than alcohol-related offenses may be eligible for an order of nondisclosure. The individual must have completed their sentence, including satisfying periods of confinement, fines, costs, and restitution.
The individual does not qualify if:
- They were previously convicted of or placed on deferred adjudication community supervision for any other offense; or
- The information they are seeking to have sealed was for a sexual or violent crime.
The person may file a petition:
- Immediately after completing the sentence for a Class C misdemeanor, or
- 2 years after completing their sentence for a Class B or A misdemeanor.
Certain DWI Convictions (Texas Government Code § 411.0736)
A nondisclosure may be granted for misdemeanor DWI convictions not involving a BAC of 0.15 or more. The individual must be a first-time offender and complete their sentence, including terms of confinement, fines, costs, and restitution. They might not be eligible if their offense resulted in an accident involving another person (including a passenger in their own vehicle).
The individual may apply for an order of nondisclosure:
- 3 years after completing their sentence, if they were ordered to have an IID installed on their vehicle, or
- 5 years after completing their sentence if they were not subject to an IID restriction.
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Why Choose Our Allen Expungement Lawyers?
Clearing your criminal record is not a simple task, and navigating the legal system can be overwhelming. That’s where our experienced Allen Expungement Lawyers come in. We have a deep understanding of the expungement and nondisclosure laws in Texas, and we know how to craft a strong petition on your behalf.
Having a criminal record can affect various aspects of your life, including employment opportunities, housing applications, and even educational opportunities. By hiring our Allen Expungement Lawyers, you increase your chances of successfully obtaining an expunction or nondisclosure, giving you the chance to rebuild your life without the burden of your past.
Trust in Our Experience and Dedication
Obtaining an expunction or nondisclosure can be a complex process, but you don’t have to navigate it alone. Our compassionate and experienced Allen Expungement Lawyers are here to guide you every step of the way. We understand the emotions and challenges you may be facing, and we are committed to helping you pursue positive results for your case.
Why Choosing the Right Expungement Lawyers Matters
Obtaining an expunction or nondisclosure is a complex legal process that requires in-depth knowledge of the Texas laws and court proceedings. Selecting the right team of Allen Expungement Lawyers can make all the difference in the success of your case. Here’s why you should trust Deandra Grant Law with your expungement or nondisclosure:
- Experience: Our skilled Expungement Lawyers have extensive experience in handling expunctions and nondisclosures. We have helped numerous clients in Allen, TX, achieve the fresh start they deserve by skillfully navigating the legal system on their behalf.
- Personalized Attention: At Deandra Grant Law, we treat every client with the utmost care and respect. We understand that each case is unique, and we take the time to listen to your story, analyze the details of your situation, and create a tailored strategy to achieve a positive outcome.
- Free Consultations: We believe in making the first step towards clearing your record as accessible as possible. That’s why we offer free consultations to discuss your case, answer your questions, and help you understand your options without any financial commitment.
- Empathetic Support: Dealing with a criminal record can be emotionally challenging. Our compassionate team is here to support you through the entire process, offering guidance, reassurance, and a sense of hope for a brighter future.
Guiding You to a Successful Outcome
The process of obtaining an expungement or nondisclosure involves intricate court and administrative proceedings, which can be overwhelming to navigate on your own. With Deandra Grant Law by your side, you can rest assured that you have a dedicated team advocating for your rights and working tirelessly to achieve a positive result.
Avoiding Mistakes: Getting Your Criminal Record Expunged in Allen, TX
If you’re seeking to expunge your criminal record in Allen, TX, it’s essential to navigate the process carefully to increase your chances of success. At Deandra Grant Law, our experienced Expungement Lawyers are here to guide you and help you avoid common pitfalls that could hinder your expungement or nondisclosure petition.
Missing Eligibility Criteria: Failing to understand the eligibility requirements for expungement or nondisclosure can be a major stumbling block. Each case is unique, and not all criminal charges are eligible for expunction or nondisclosure. Our skilled Allen Expungement Lawyers will thoroughly assess your case and determine whether you meet the criteria for expungement or nondisclosure. We will explain your eligibility clearly and guide you through the necessary steps.
Incomplete or Incorrect Paperwork: Submitting incomplete or incorrect paperwork can cause delays in the expungement process or even lead to the rejection of your petition. Our team is well-versed in the legal paperwork required for expungement or nondisclosure. We will ensure that all documents are prepared accurately and submitted promptly on your behalf.
Missed Deadlines: Missing important deadlines can jeopardize your chances of getting your criminal record expunged. As experienced Expungement Lawyers, we are familiar with the timeline and deadlines involved in the expungement process. We will keep you informed of all critical dates and work diligently to meet them.
Lack of Supporting Evidence: Failing to provide sufficient evidence or documentation to support your expungement or nondisclosure petition can hinder your chances of success. Our team will assist you in gathering and organizing all the necessary evidence to strengthen your case. We will present your story persuasively to the court, advocating for your expungement or nondisclosure.
Attempting to Navigate the Process Alone: Trying to handle the expungement process on your own without legal guidance can lead to confusion and frustration. Our experienced Allen Expungement Lawyers will be your trusted advocates throughout the entire process. We will address your concerns, answer your questions, and provide reliable legal advice to ensure you make informed decisions.
Frequently Asked Questions About Expunging Your Criminal Record in Allen, TX
Welcome to our FAQ section designed to address common inquiries from individuals seeking to expunge their criminal records in Allen, Texas. We understand that navigating the legal process can be overwhelming, so we’ve compiled a list of frequently asked questions along with informative answers provided by our experienced legal team. Please be aware that laws and regulations can change, so it’s advisable to consult with a qualified attorney for the most up-to-date and accurate advice.
What is the process of expunging a criminal record in Allen, TX?
Expungement is a legal procedure that allows certain individuals to clear or seal their criminal records, effectively rendering them confidential and inaccessible to the public. In Allen, TX, this means your arrest, charges, and court proceedings related to the specific case will be expunged.
Who is eligible to seek expungement in Allen, TX?
Eligibility for expungement in Allen, TX, is determined by factors such as the type of offense, the outcome of the case (dismissal, acquittal, completion of diversion programs), and the waiting period since the case’s conclusion. Generally, non-violent misdemeanors and some felonies may be eligible. Consulting an attorney is crucial to determine your individual eligibility.
What advantages does expungement offer for individuals in Allen, TX?
Expunging a criminal record can provide numerous benefits, including improved employment prospects, easier housing opportunities, and a sense of closure. With an expunged record, you can legally state that you have not been convicted of a crime, which can significantly aid in reestablishing your life.
Can I handle the expungement process in Allen, TX, without legal representation?
While it’s technically possible to attempt the expungement process independently, it’s strongly recommended to seek assistance from an experienced expungement attorney. The process involves intricate paperwork, adherence to specific legal requirements, and court filings. A lawyer can ensure the correct steps are taken, increasing the likelihood of a successful outcome.
How long does the expungement process typically take in Allen, TX?
The duration of the expungement process in Allen, TX, can vary depending on factors such as the complexity of your case, the court’s caseload, and the accuracy of your application. Generally, the process can take several months to complete.
Will an expunged record still appear in background checks?
In most instances, an expunged record should not appear in standard background checks. However, certain law enforcement agencies and government entities might still have access to sealed records. Consulting with an attorney will help you understand the scope and exceptions associated with expunged records.
What should I do if my application for expungement is denied?
If your expungement application is denied, you might have the option to appeal the decision or reapply after a specified period. Understanding the reasons for the denial and collaborating with an attorney to address any issues is crucial before pursuing further action.
How can I initiate the expungement process in Allen, TX?
To begin the expungement process in Allen, TX, we recommend contacting our office immediately. We will guide you through the eligibility assessment, documentation preparation, and court submission procedures, ensuring a positive outcome for your case.
Expungement Client Story
This client story is for educational purposes only.
In the heart of Allen, Texas, there lived a woman named Rachel. She had faced a challenging time in her life, having been arrested for a crime she didn’t commit. The weight of the accusation hung heavy on her shoulders, and she felt trapped in a world of uncertainty and fear.
One day, as she searched for a glimmer of hope, Rachel stumbled upon Deandra Grant Law and the compassionate Lawyer, Sorsha Huff. Little did she know that this encounter would change her life forever.
Rachel reached out to Sorsha, desperate for guidance on how to clear her name and expunge her criminal record. From their first conversation, Rachel sensed a genuine care and understanding in Sorsha’s voice. The lawyer reassured her that she was not alone and that they would fight together for justice.
With Sorsha’s expertise and determination, they delved into the intricate details of Rachel’s case. Sorsha listened intently to Rachel’s side of the story, absorbing every word and emotion. It was as if she felt Rachel’s pain as her own, driving her to work tirelessly for a resolution.
Through Sorsha’s unwavering commitment, they navigated the complexities of the expungement process. Sorsha ensured that all the necessary paperwork was prepared meticulously, leaving no room for error. Rachel felt a sense of relief, knowing she had someone she could trust wholeheartedly by her side.
As the journey unfolded, Rachel began to see a glimmer of light at the end of the tunnel. Sorsha’s extensive knowledge of the law and her exceptional skills in the courtroom gave Rachel hope that justice would prevail.
Finally, the day of the hearing arrived. Rachel stood with Sorsha by her side, facing the courtroom with courage she didn’t know she had. The truth was unveiled, and justice prevailed as Rachel was declared innocent of all charges. The weight that had burdened her for so long began to lift, and she could finally see a path to a fresh start.
With the courtroom victory, Sorsha continued to guide Rachel through the final steps of obtaining an expungement of her criminal record. The process was swift and seamless, thanks to Sorsha’s meticulous planning and expertise.
As the final gavel fell, Rachel knew that she owed her new beginning to Sorsha and Deandra Grant Law. With her criminal record expunged, Rachel felt a newfound sense of freedom. She could now pursue opportunities without the stigma of false accusations holding her back.
Contact Our Skilled Allen Expungement Lawyers at Deandra Grant Law
If you find yourself burdened with a criminal record that is holding you back from opportunities and a fresh start, know that you don’t have to face this journey alone. Deandra Grant Law, home to a team of experienced Allen Expungement Lawyers, is here to guide you towards a brighter future.
Our mission is to help individuals like you who are seeking to expunge or obtain a nondisclosure for their criminal records in Allen, TX. We understand the impact a criminal record can have on your life, hindering your chances for employment, housing, and various other opportunities.
When you choose to work with us, you can expect a dedicated team that believes in your right to a second chance. We offer free consultations to understand the unique aspects of your case and discuss the right course of action for you. Our experienced Allen Expungement Lawyers will handle the complexities of the expungement or nondisclosure process, ensuring that every detail is carefully addressed.
At Deandra Grant Law, we know that each case is different, and we approach every situation with compassion, understanding, and a commitment to achieve a positive outcome. Our goal is to clear the path ahead, allowing you to move forward with confidence and without the burden of a past mistake.
Don’t let a criminal record define your future. Contact Deandra Grant Law today to schedule your free consultation. Let us help you take the first step towards a fresh start and a brighter tomorrow. Together, we’ll work towards a successful expungement or nondisclosure, unlocking the door to new opportunities and a life free from the constraints of the past. Your journey to a better future starts here with us.
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