Expungement Attorney in San Antonio, Texas – San Antonio Experienced Lawyers Expunging Your Record If you have a criminal record, chances are that you have experienced the frustration of being refused certain employment, having had your rental application denied or been turned down by the school you hoped to attend. It is difficult for anyone with a criminal record, and especially someone with a felony conviction, to be fully reintegrated into society and to enjoy the same opportunities available to most everyone else. An expungement provides a second chance for those individuals who have completed their probation and not served any state prison time. The expungement process can be difficult and exasperating in some cases and it may often take reasoned arguments by an experienced expungement lawyer along with supporting documentation to get you the relief you want. Our expert expungement attorneys have the real life experience you will need to have your conviction set aside and your records cleared or made inaccessible to the general public. Do it right the first time and you will save valuable time and money and have the satisfaction of once again having a chance for a brighter future. There are other options available to you for post-conviction relief that an attorney from the Expungement Law Group can advise you on if applicable to your case including record sealing, early termination of probation, reduction of a felony to a misdemeanor, obtaining a Certificate of Rehabilitation and Governor’s Pardon along with expungement. Expunging Your Conviction Expungement in San Antonio, Texas does not mean the destruction of your records since law enforcement and the courts will retain these records to be used under certain circumstances. It does, though, enable the court to reopen your case and dismiss your conviction provided certain conditions have been met. Our attorneys will retrieve your records containing your conviction, sentencing and release from probation dates before filing a 1203. 4 or 1203.4a Petition with the court where your plea or conviction was obtained. All applicable documents are filed and served on the court, district attorney and probation department. A hearing date is set. If there is no opposition, then no court appearance is generally required. Some infraction, misdemeanor, felony offenses can be expunged including:
Post-Conviction Relief There are a number of post-conviction options available to you that can enable you to have a second chance and enjoy the opportunities denied you because of your criminal record. These include the following:
Infractions, misdemeanors and felonies can be expunged provided you only received probation and did not serve any state prison time. Also, your offense cannot have involved a sexual crime involving a minor. In some cases, even if you violated your probation, you may still be able to receive an expungement order. An expungement effectively dismisses your conviction and allows you to lawfully state under oath on most employment, rental housing and school applications that you have never been convicted of a crime.
As indicated, a felony can be expunged so long as you did not serve any state prison time and you have completed all the terms and provisions of your probation. If you did serve time in state prison, your other option is a Certificate of Rehabilitation. You may have to wait at least 7 years before applying but you are automatically eligible for a Governor’s Pardon and it does allow you to now apply for state and vocational licenses for which you were previously prohibited.
Many probation periods are 3 or 5 years. Regardless of how long, though, after you have successfully served at least half of it, you may apply for early termination. An expungement lawyer from our office can prepare your request and obtain letters of support or evidence of rehabilitation along with a statement as to why you should be granted early termination. Once it is granted, we can begin the expungement process.
In many instances, a felony can be later reduced to a misdemeanor pursuant to Penal Code Section 17(B). This would include those offenses considered “wobblers” wherein the district attorney has the discretion to charge you with either a felony or misdemeanor. Reducing your conviction to a misdemeanor restores your right to possess and own firearms for example and can eliminate potential immigration problems. It can also ease and expedite the expungement process. An expungement attorney from our office can offer this service to you as part of our representation.
Another form of post-conviction relief pertains to sealing your arrest records or juvenile and drug diversion records. Arrest records may be sealed provided charges were either dismissed or you were never prosecuted. Under San Antonio, Texas Penal Code Section 858.1, your arrest records may be sealed and not publicly accessible but only if a court determines that no reasonable cause exists to believe that you committed the offense for which you were charged. Prosecutors have discretion whether to charge you though there may be evidence that seemingly appears sufficient to link you to the crime. If a judge feels that there was probable or “reasonable” cause to believe you committed the crime regardless if you were charged, then your arrest records may not be sealed. An expungement attorney from the Expungement Law Group will review the facts of your arrest and advise you whether they meet the standard for sealing. Juvenile records are often not available to the general public but it is worthwhile to have them sealed nonetheless to avoid any potential problems you may encounter as an adult. You must be at least 18 years old, or the juvenile court’s jurisdiction ended at least 5 years earlier, did not commit any crimes involving moral turpitude and have no pending criminal charges, and you present evidence of rehabilitation. Drug diversion is available usually for first time offenders charged with possession. Once you successfully complete all terms and conditions in the diversion program, you can petition the court to have your arrest and other records sealed. Contact Us to Get Started An expungement lawyer from our office is available to discuss your case at no charge for an initial consultation. You can call us to discuss your case or schedule an appointment where we can determine which form of post-conviction relief may be available to you. Once you retain us, we will work quickly and diligently to get your documents filed and served and to get your life back on track towards a better future for you and your family. About San AntonioSan Antonio /ˌsænænˈtoʊni.oʊ/ (Spanish for "Saint Anthony") is the seventh most populous city in the United States of America and the second most populous city in the state of Texas, with a population of 1.3 million. It was the fastest growing of the top 10 largest cities in the United States from 2000-2010, and the second from 1990-2000. The city is located in the American Southwest, the south–central part of Texas, and the southwestern corner of an urban region known as the Texas Triangle. San Antonio serves as the seat of Bexar County. The city has characteristics of other western urban centers in which there are sparsely populated areas and a low density rate outside of the city limits. San Antonio is the center of the San Antonio–New Braunfels Metropolitan Statistical Area. Commonly referred to as Greater San Antonio, the metropolitan area has a population of over 2.23 million based on the 2012 U.S. Census estimate, making it the 25th-largest metropolitan area in the United States and third-largest in the state of Texas. Growth along the Interstate 35 and Interstate 10 corridors to the north, west and east make it likely that the metropolitan area will continue to expand. San Antonio was named for Saint Anthony of Padua, whose feast day is on June 13, when a Spanish expedition stopped in the area in 1691. Famous for Spanish missions, the Alamo, the River Walk, the Tower of the Americas, the Alamo Bowl, Marriage Island and host to SeaWorld and Six Flags Fiesta Texas theme parks, the city is visited by approximately 26 million tourists per year according to the San Antonio Convention and Visitors Bureau. The city is home to the four-time NBA champion San Antonio Spurs and the annual San Antonio Stock Show & Rodeo, one of the largest in the country. San Antonio has a strong military presence—it is home to Fort Sam Houston, Lackland Air Force Base, Randolph Air Force Base (which constitute Joint Base San Antonio), Lackland AFB/Kelly Field Annex and Brooks City-Base, with Camp Bullis and Camp Stanley outside the city. Kelly Air Force Base operated out of San Antonio until 2001, when the airfield was transferred over to Lackland AFB and the remaining portions of the base became Port San Antonio, an industrial/business park. San Antonio is home to five Fortune 500 companies and the South Texas Medical Center, the only medical research and care provider in the South Texas region. Payaya Indians originally lived near the San Antonio River Valley, in the San Pedro Springs area, calling the vicinity Yanaguana, meaning "refreshing waters". In 1691, a group of Spanish explorers and missionaries came upon the river and Native American settlement on June 13, the feast day of St. Anthony of Padua, and named the place and river "San Antonio" in his honor. San Antonio grew to become the largest Spanish settlement in Texas, and for most of its history, the capital of the Spanish, later Mexican, province of Tejas. From San Antonio, the Camino Real, today Nacogdoches Road in San Antonio, ran to the American border at the small frontier town of Nacogdoches. When Antonio López de Santa Anna unilaterally abolished the Mexican Constitution of 1824, violence ensued in many states of Mexico. The primary source of drinking water for the city is the Edwards Aquifer. Impounded in 1962 and 1969, respectively, Victor Braunig Lake and Calaveras Lake were among the first reservoirs in the country built to use recycled treated wastewater for power plant cooling, reducing the amount of groundwater needed for electrical generation. San Antonio has a diversified economy with an approximately $82 billion metropolitan GDP, ranking 4th among Texas metropolitan areas and 38th in the United States. San Antonio's economy is focused primarily within military, health care, government civil service, financial services, oil and gas and tourism sectors. Within the past twenty years, San Antonio has become a significant location for American-based call centers and has added a significant manufacturing sector centered around automobiles. San Antonio has claims on being the birthplace of the spicy stew known as chili. It was introduced to the nation when the city sent a 'San Antonio Chili stand' to the 1893 Columbian Exposition in Chicago. Chili is still widely available. In passing, San Antonio is also the home of the Frito, the Cheeto and David Pace's Pace picante sauce. The Alamo, located in Downtown, is Texas' top tourist attraction. Because of the mission, San Antonio is often called the "Alamo City." The River Walk is the second most visited attraction. SeaWorld, located 16 miles (26 km) west of Downtown in the city's Westover Hills district, is the number 3 attraction. Also, there is the very popular Six Flags Fiesta Texas. Morgan's Wonderland is a theme park for children who have special needs. more ... |
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