Expungement Attorney in Marble Falls, Texas – Marble Falls 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 Marble Falls, 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 Marble Falls, 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 Marble FallsMarble Falls is a city in Burnet County, Texas, United States. As of the 2010 census, the city population was 6,077. It is about 45 miles (72 km) northwest of Austin and 85 miles (137 km) north of San Antonio. Lake Marble Falls is part of the Highland Lakes, the largest chain of lakes in Texas. It hosts one of the largest drag boat races in the United States each August. Marble Falls was founded in 1887 by Adam Rankin Johnson, a former Indian fighter and Confederate general, known as "Stovepipe" Johnson for his American Civil War escapades, which included duping the Union army in Newburgh, Indiana, with fake "cannons," constructed from stovepipes and wagon wheels. Johnson had viewed the natural Marble Falls during his pre-war days as a Burnet County surveyor, and had dreamed of building an industrial city, powered by the tumbling Colorado River, not to be confused with the river of the same name in Colorado and Arizona. Despite a "friendly fire" incident which blinded him near the end of the Civil War, General Johnson followed through with his dream, facilitating the construction of a railroad to nearby Granite Mountain in 1884, then (with ten partners, including one son, one nephew and two sons-in-law) platting the townsite and selling lots, beginning July 12, 1887. Johnson built a fine home, a college (soon to be home of the "Falls on the Colorado Museum") and a large factory near the falls. The town grew to a population of 1,800 within ten years. Marble Falls made history in 1917 by electing Ophelia Crosby "Birdie" Harwood as the nation's first woman mayor, three years before women were allowed to vote. The town is located on the banks of Lake Marble Falls. According to the Handbook of Texas website, the former falls were flooded by the lake, which was created by a shelf of limestone running diagonally across the Colorado River from northeast to southwest. The upper layer of limestone, brownish on the exterior but a deep blue inside, was so hard and cherty it was mistaken for marble. The falls were actually three distinct formations at the head of a canyon 1.25 miles (2.01 km) long, with a drop of some 50 feet (15 m) through the limestone strata. The natural lake and waterfall was covered when the Colorado River was dammed with the completion of Max Starcke Dam in 1951. A photo of the falls as they once existed can be seen at the local bed and breakfast website for the Lake Marble Falls sits between Lake LBJ to the north and Lake Travis to the south. The falls for which the city is named are now underwater but are revealed every few years when the lake is lowered. more ... |
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