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Waco Expungement Lawyers
Seeking a Fresh Start: Expungements and Nondisclosures in Waco, TX
If you find yourself in a situation where a criminal record is holding you back, know that there is hope for a fresh start. At Deandra Grant Law, our team of experienced Waco Expungement Lawyers is here to help you navigate the process of obtaining an expunction or nondisclosure for your criminal charges.
Why Hire a Waco Expungement Lawyer?
When it comes to seeking an expungement or nondisclosure, having a skilled and knowledgeable attorney on your side can make all the difference. Our Waco Expungement Lawyers understand the intricacies of the law and have the experience to guide you through the complex process. We will work diligently to build a strong case and present it to the court, increasing your chances of obtaining a favorable outcome.
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.
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;
- 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,
- 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:
- Sexual offense
- 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.
Our Commitment to You
At Deandra Grant Law, we understand the impact that a criminal record can have on your life. We are committed to helping you pursue positive results of obtaining an expungement or nondisclosure. Our Waco Expungement Lawyers will listen to your unique situation with empathy and compassion, and we will work tirelessly to present a strong case on your behalf.
If you are looking to expunge your criminal record or seek a nondisclosure, you have come to the right place. We are here to help you every step of the way and guide you towards a brighter future.
Your Path to a Clean Slate: Choosing Deandra Grant Law for Expungements and Nondisclosures in Waco, TX
If you are seeking to clear your criminal record and start anew, choosing the right team of experienced Waco Expungement Lawyers is crucial. At Deandra Grant Law, we understand the importance of expungements and nondisclosures in providing individuals with a second chance. Let us be your guiding light towards a clean slate and a brighter future.
Why Choose Deandra Grant Law?
- Experience and Expertise: Our team of skilled Waco Expungement Lawyers has a deep understanding of the expungement and nondisclosure process in Texas. We have successfully helped numerous clients seal their criminal records, providing them with the opportunity for a fresh start.
- Free Consultations: We know that every case is unique, and you may have questions about your eligibility and the process itself. That’s why we offer free consultations to discuss your situation and assess the right course of action.
- Personalized Approach: At Deandra Grant Law, we treat each client with empathy and respect. We take the time to listen to your story and understand your goals. Our team will tailor a legal strategy that suits your specific needs and maximizes your chances of success.
- Navigating Complex Proceedings: Expungements and nondisclosures involve intricate legal procedures and paperwork. Our experienced attorneys will guide you through the entire process, ensuring that all necessary documents are filed correctly and promptly.
- Determining Your Best Chances: Not all cases are the same, and the eligibility criteria for expungements and nondisclosures can be complex. Our knowledgeable team will assess your situation thoroughly and help you determine the most viable path towards a successful outcome.
Securing a Brighter Future
Having a criminal record can hinder opportunities and close doors to various aspects of life. With the assistance of our skilled Waco Expungement Lawyers, you can pursue a path towards a brighter future. Expunging or seeking a nondisclosure of your criminal record can offer you a fresh start, allowing you to move forward with confidence.
Avoiding Common Mistakes in Expungement: How Deandra Grant Law Can Help You Navigate the Process in Waco, TX
If you are considering getting your criminal record expunged in Waco, TX, it’s essential to avoid common mistakes that could hinder your chances of success. At Deandra Grant Law, we are here to guide you through the intricacies of the expungement process and help you avoid potential pitfalls. Let us assist you in clearing your criminal record and setting the foundation for a better future.
Failing to Determine Eligibility: One of the most crucial steps in seeking an expungement is understanding whether you qualify for the process. Eligibility criteria can vary depending on the nature of your offense and the type of charges you faced.
Missing Statutory Waiting Periods: Texas law requires individuals to wait for a specific period before seeking expungement or nondisclosure after an arrest or dismissal of charges. Failing to adhere to these waiting periods can delay or even jeopardize your chances of expunging your criminal record.
Incomplete or Incorrect Documentation: The expungement process involves various legal documents and paperwork that must be filed accurately and promptly. Providing incomplete or incorrect documentation can lead to unnecessary delays or denials.
Lack of Awareness of Recent Changes in Expungement Laws: Expungement laws can change over time, and it’s essential to stay updated with the latest legal requirements. Failing to be aware of recent changes could lead to missteps in the expungement process.
Frequently Asked Questions About Expungement in Waco, TX
Expungement is a legal process that allows eligible individuals to have their criminal records sealed or erased from public view. Once expunged, the records are treated as if they never existed, giving individuals a fresh start with a clean slate. In Waco, TX, expungement can be a powerful tool to overcome the barriers posed by a criminal record.
Eligibility for expungement depends on various factors, including the nature of the offense, the type of charges, and the outcome of the case. Generally, you may be eligible for expungement if you were acquitted of the charges, pardoned or relieved due to innocence, or if the case was dismissed without community supervision. Additionally, certain waiting periods must be observed for arrests without charges or convictions. Consulting an experienced Waco Expungement Lawyer can help determine your eligibility.
The expungement process in Waco, TX, can vary depending on the complexity of the case and the court’s workload. Typically, it can take several months to complete. Having an experienced attorney from Deandra Grant Law on your side can expedite the process and ensure all necessary steps are taken promptly.
Yes, once an expungement is granted, your criminal record will be effectively erased from public access. However, certain government agencies and law enforcement may still have access to sealed records for specific purposes, such as future criminal investigations.
While it is technically possible to file for an expungement on your own, the process can be complicated and involve legal intricacies. Hiring an experienced Waco Expungement Lawyer is highly recommended to increase the likelihood of a successful outcome. A skilled attorney will ensure all legal requirements are met, and your rights are protected throughout the process.
The cost of an expungement can vary depending on the complexity of the case and the attorney’s fees. At Deandra Grant Law, we offer free consultations to discuss your case and provide a transparent breakdown of the potential costs involved.
In certain cases, expungement can restore your firearm rights, allowing you to possess firearms legally. However, it is essential to consult with an attorney to understand the specific implications of an expungement on your firearm rights.
Expungement Client Story
This client story is for educational purposes only.
In the heart of Waco, Texas, there lived a woman named Ethel. She was a kind and hardworking soul who always tried to do what was right. But one fateful day, she found herself entangled in a situation she never imagined.
Ethel was arrested for a crime she didn’t commit. She felt scared and overwhelmed, unsure of what her future held. The courtroom became a battleground, and the weight of the charges against her felt unbearable. However, through it all, Ethel held onto hope, knowing that truth would prevail.
Enter Sorsha Huff, a compassionate and skilled lawyer from Deandra Grant Law. Sorsha took one look at Ethel and saw the fear in her eyes. She knew that Ethel needed more than just a lawyer; she needed someone who would fight for her with every ounce of strength and dedication.
Throughout the trial, Sorsha tirelessly fought for Ethel’s innocence. She meticulously examined the evidence, cross-examined witnesses, and presented compelling arguments. Sorsha was a beacon of support for Ethel, guiding her through the legal process with understanding and compassion.
After a long and grueling trial, justice prevailed, and Ethel was acquitted of all charges. The weight on her shoulders lifted, and she felt an overwhelming sense of relief and gratitude. But even with the acquittal, the stain of the arrest lingered on her record, reminding her of the painful journey she had endured.
Determined to move forward, Ethel sought Sorsha’s guidance once again, this time to pursue an expungement of her criminal record. Sorsha listened attentively, acknowledging the emotional toll the process had taken on Ethel. With warmth and reassurance, Sorsha explained that an expungement could wipe away the traces of the false accusation, giving Ethel the fresh start she deserved.
Sorsha and her team at Deandra Grant Law worked diligently to prepare the necessary documents and navigate the intricate legal process. They left no stone unturned, ensuring that every detail was taken care of. Ethel felt immense gratitude for Sorsha’s unwavering dedication and expertise.
And then, the day came when Ethel received the news she had been hoping for. Her criminal record was expunged, and she could finally put the past behind her. Sorsha’s eyes filled with joy as she witnessed the transformation in Ethel. The weight lifted from Ethel’s shoulders once more, but this time, it was replaced with a newfound sense of freedom and hope.
With tears of happiness in her eyes, Ethel hugged Sorsha tightly, thanking her for being her guiding light throughout the entire journey. Sorsha humbly smiled and said, “It was an honor to stand by your side, Ethel. You deserved justice, and I was determined to help you find it.”
Contact Our Experienced Waco Expungement Lawyers at Deandra Grant Law
If you’re seeking to expunge your criminal record or obtain a nondisclosure in Waco, Texas, look no further than Deandra Grant Law. Our team of experienced Waco expungement lawyers are here to guide you through this complex legal process with compassion and expertise.
We understand the emotional weight that a criminal record can carry, and we are committed to helping you pursue a fresh start and a brighter future. With our free consultations, we’ll take the time to understand your unique situation and provide personalized legal advice tailored to your needs.
At Deandra Grant Law, we believe that everyone deserves a second chance. Our Waco expungement lawyers will work tirelessly to help you achieve a positive outcome for your case. With a track record of success and a reputation for excellence, you can trust that your future is in capable hands.
Don’t let a criminal record hold you back from the opportunities you deserve. Contact us today to schedule your free consultation and take the first step towards a clean slate. Let us be your advocates on the path to justice and renewal. Together, we’ll work towards a brighter future.
“Deandra Grant Law handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”