Decatur, TX Expunctions Lawyer

Expunctions Attorney Serving Clients in Decatur

The repercussions of a criminal record can extend far beyond the initial consequences, affecting employment, housing, and personal relationships. Fortunately, Texas law allows certain people to clear their records through expunction, a legal remedy that erases criminal history. Navigating this process requires the guidance of an experienced attorney. Godwin Law Firm, PLLC, a U.S. Army veteran-owned law firm led by attorney Tim Godwin, is committed to providing thorough and knowledgeable representation for clients. His background as a former Texas DPS State Trooper offers valuable insight for each case.

Who Qualifies for an Expunction?

In Texas, not all criminal records qualify for expunction. Eligibility largely depends on the outcome of the case and the nature of the offense. Here are some common scenarios in which one may qualify:

• Acquittal or Not Guilty Verdict: If you were found not guilty at trial, you are generally eligible for an expunction, as there was no conviction.
• Case Dismissal: If your case was dismissed you may qualify for an expunction, provided you were not convicted of any other offense arising from the same criminal episode.
• Charges Not Filed: If you were arrested but charges were never filed, or if the statute of limitations has expired without any charges, you may be eligible for expunction.
• Completed Pretrial Diversion Program: People who completed a pretrial diversion program as part of their case may be eligible for an expunction after successfully meeting all program requirements.
• Certain Misdemeanor Juvenile Offenses: Some juvenile misdemeanor offenses may qualify for expunction, providing them with a clean slate as they enter adulthood.
• Conviction of a Minor for Certain Alcohol Offenses: Minors convicted of certain alcohol-related offenses may qualify for expunction after reaching the age of 21.

Crimes That Do Not Qualify for Expunction

While expunction provides relief to many, certain offenses are not eligible for expunction under Texas law. These include:

• Felony Convictions: Those with felony convictions are generally ineligible for expunction. However, depending on the circumstances, they may pursue an order of non-disclosure, which seals their records from public view.
• Deferred Adjudication for Felony Offenses: Deferred adjudication does not qualify for expunction in felony cases. People who've completed deferred adjudication may qualify for a non-disclosure order instead, which restricts access to their records.
• Convictions Resulting from Plea Bargains in More Serious Cases: Certain cases involving plea agreements may also be ineligible for expunction, especially if the offense was severe or violent.

How to Obtain an Expunction in Texas

Obtaining an expunction is a legal process that involves several steps. Below is a general outline of the process:

• Determine Eligibility: The first step is determining whether your case qualifies for expunction. Attorney Tim Godwin will assess your case details, evaluate the circumstances of the arrest or charge, and identify any barriers to expunction.
• File a Petition for Expunction: Once eligibility is established, we will file a Petition for Expunction with the court. This petition outlines the details of your case, including information about the arrest, charges, and reason for seeking expunction.
• Serve Notice to Relevant Parties: Texas law requires that a copy of the petition be served to various parties involved in the case, including law enforcement agencies, prosecutors, and courts that have records of the arrest or charge.
• Attend a Hearing: In some cases, a court hearing may be required to finalize the expunction. Attorney Tim Godwin will represent you at the hearing, present your case to the judge and answer any questions that may arise.
• Court Order for Expunction: If the judge approves the petition, they will issue an order for expunction. This order instructs all relevant agencies to destroy or delete records of the arrest or charge.
• Confirmation of Expunction: Once the expunction is granted, we will follow up to confirm that all records have been successfully removed or deleted from public access.

Contact Our Decatur, Texas Expunction Attorney

Begin your path to a clean record with skilled legal support for expunction. Contact Godwin Law Firm, PLLC at 940-255-0000 or contact us online for your complimentary consultation and take the first step toward a fresh start.