Expunction of Records in El Paso
Criminal charges on your record can have major consequences in your personal life and in your career.
If you have criminal charges on your record, you may not be allowed to possess a firearm, or even to vote in the next election. In certain situations, Texas law provides that an expunction of a criminal record may be requested. To determine your eligibility for expunction and to ensure that the process is handled properly, it is wise to consult an attorney experienced in the expunction of records.
The Expunction Process
According to Texas law, an individual may have a criminal record expunged if:
- The individual was acquitted after a trial was conducted;
- The individual was found guilty but was later pardoned;
- The individual was found guilty but acquitted by a court of appeals;
- The state recommends expunction; or
- The charge is dismissed (under certain conditions).
These are the most common ways that a record may be expunged. An experienced attorney will be able to determine if you are eligible for expunction.
Filing a Petition
If it is determined that you qualify for expunction, your attorney will first file a Petition for Expunction. This document lets the court know that the named individual is seeking to have a criminal record expunged. Even minor errors in the Petition for Expunction may cause problems in the case. This is why it is important to seek the assistance of an experienced attorney in these cases.
The individual seeking expunction must include several pieces of information in the Petition. The Petition must lay out the individual’s personal information, the offense, when the offense occurred, and a list of all agencies that likely have a record of the charge. After all of the information is added to the Petition, it must be notarized and filed with the proper court. A hearing will then be set to determine if the record should be expunged. If the expunction is granted, an Order for Expunction will be signed by the court. This Order will be sent to all agencies that may have a copy of the record so that the charges may be deleted.
If an Order for Expunction is not possible, an Order for Nondisclosure may be another option. An Order for Nondisclosure limits who may access a criminal record. Your attorney will be able to determine which route is best in your case.
Do You Need an Expunction Attorney?
At the Aranda Law Firm, we understand the requirements in the expunction of records process and have helped many clients expunge their criminal records. Call today to speak with an attorney.