Expungement Attorney in Brownsville, Texas – Brownsville 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 Brownsville, 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 Brownsville, 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 BrownsvilleBrownsville is the sixteenth most populous city in the state of Texas with a population of 180,097. It is located on the southernmost tip of Texas, United States on the northern bank of the Rio Grande, directly north and across the border from Matamoros, Tamaulipas, Mexico. The 2012 U.S. Census Bureau estimate places the Brownsville-Harlingen metropolitan area population at 415,557 allotting it the eighth most populous metropolitan area in the state of Texas. In addition, the Matamoros–Brownsville Metropolitan Area counts with a population of 1,136,995, allotting it the fourth-largest metropolitan area along the U.S.-Mexico border. The Brownsville urban area is one of the fastest growing in the United States. The city's population dramatically increased after it experienced a boom in the steel industry during the 1900s (decade), where it produced three times its annual capacity. Nowadays, the Port of Brownsville is a major economic hub for South Texas, where shipments from Mexico, other parts of the United States and the world arrive. Brownsville's economy is mainly based on its international trade with Mexico through the North American Free Trade Agreement (NAFTA), and is home to one of the fastest growing manufacturing sectors in the nation. In addition, Brownsville's climate has often been recognized among the best pro-business climates in the United States, and the city has also been ranked among the least expensive places to live in the U.S. Brownsville served as a site for several battles and events in the Texas Revolution, the Mexican American War, and the American Civil War. And right across the U.S-Mexico border lies Matamoros, Tamaulipas, a city with a population of 500,000 people and a major site of the Mexican War of Independence, the Mexican Revolution, and the French Intervention. The city of Brownsville was originally established late in 1848 by Charles Stillman, and was made the county seat of the new Cameron County on 13 January 1849. The city was originally incorporated by the state on 24 January 1850. This was repealed on 1 April 1852, due to a land ownership dispute between Stillman and the former owners. The state reincorporated the city on 7 February 1853, which remains in effect. The issue of ownership was not decided until 1879, when the U.S. Supreme Court ruled in favor of Stillman. Brownsville was declared an All-America City in the year 2001. Brownsville is now one of the first cities in the U.S. and Texas to ban the use of plastic shopping bags, reaching closer toward its goals of a greener, cleaner city. This has led other cities in the area to also consider such a ban. In addition, Forbes has identified Brownsville as one of 12 metropolitan areas in the U.S. with the cleanest air; Laredo, Texas, was the only other Texas metropolitan area to be among the 12. An important pillar of the economy is the Port of Brownsville. The port, located 2 miles (3.2 km) from the city, provides an important link between the road networks of nearby Mexico, and the Gulf Intracoastal Waterway of Texas. more ... |
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