(Newswire.net — December 15, 2018) — Over 90% of Texas employers utilize some form of background check when making employment decisions about applicants. While this may not affect the vast majority of Texans, it can have a devastating effect on people that have been charged and/or convicted of a crime. Even if their case has been dismissed, it can negatively impact their ability to get a new job, move to a new neighborhood, etc. Texas does offer eligibility to certain individuals to have their criminal records expunged, however it is not an easy process and in many cases will require the help of an experienced criminal defense law firm in Austin. In this article, you will learn who is eligible for expunction, how to request it and when you should connect with an expert of Criminal Defense Law in Austin, TX.
Who Is Eligible For Expunction of Criminal Records
The State of Texas offers very specific eligibility rules for the expunction of a criminal record. Listed below, you will find a general overview of those rules. If you have more questions, it is best to contact a local expert of criminal law in Austin.
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Charged with a crime, but never convicted.
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Arrested, but not charged.
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Certain convictions attributed to a juvenile.
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Crimes pardoned by the Governor or President.
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Convictions that are acquitted at a later time.
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Crimes charged while a victim of identity fraud.
There are other instances, but these are the most common to be expunged. Expunction will take time as well as the ability to appropriately file paperwork in a timely manner. Unfortunately, most convicted crimes are not eligible to be expunged unless you are pardoned. However, if you are convicted of a crime you may be eligible for a non-disclosure order. If you are charged with a felony, your record can only be expunged after the statute of limitations on prosecuting that crime has expired. This time frame will vary depending on the crime that you are charged with.
How To Request an Expunction
Requesting an expunction can be done in a few steps. It is best to be well researched on your charges and their eligibility as well as the process of having your record expunged before you begin. Below, you will find a brief overview of how to request an expunction.
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Understand if your charge is eligible for expunction
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File a Petition of Expunction
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Draft and present an Order of Expunction to the Court during scheduled hearing
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If Granted, submit the order to all entities that may have access to your records so they may destroy them.
When To Get a Lawyer Involved With Your Case
Having any negative aspect of your public criminal records expunged is ideal for all parties involved. If you are able to understand the breadth of expunction laws and have the time to carefully complete the process, you may want to complete this process without the help of a professional. However, there are many instances that an experienced Criminal Defense Attorney in Austin, Texas is the best option. Expunction request are relatively inexpensive and will typically be handled in an expedient manner by an experienced Attorney.