Expungement Attorney in Baytown, Texas – Baytown 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 Baytown, 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 Baytown, 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 BaytownBaytown is a city within Harris County and partially in Chambers County in the Gulf Coast region of the US state of Texas. Located within Houston–The Woodlands–Sugar Land metropolitan area, it lies along both State Highway 146 and Interstate 10. It is the fourth-largest city within this metropolitan area. As of 2010, Baytown had a population of 71,802. The city now known as Baytown was originally three separate towns. The first of these was Goose Creek, named for the bayou of the same name where Canada geese wintered and whose name is still reflected in the area's Goose Creek CISD, whose establishment dates back to before 1850. With the discovery of the Goose Creek Oil Field, the rival communities of Pelly in the late 1910s, and East Baytown in the early 1920s, developed as early boomtowns. The "East" in East Baytown was later dropped because it was west of Goose Creek. In 1916, the Humble Oil and Refining Company, founded by one-time Texas governor Ross S. Sterling and his associates, in developing the Goose Creek Oil Field, built the first offshore drilling operation in Texas and the second in the United States. The company later built the Baytown Refinery, which would become one of the largest Exxon refineries in the world. Since then, many other refineries have been built in the area. Exxon-Mobil is still one of the major employers in the city and now runs over 10 plants in the area. Steel manufacturing in Baytown began in 1970 when United States Steel opened the Texas Works near the city. The 48-inch (1,200 mm) welded pipe used in the Trans-Alaska Pipeline System was produced at the facility's pipe mill. The plant was officially closed in July 1986, due to a poor economic climate and the decline of American steel in the 1980s. The mill was later purchased by Jindal Steel and now operates as JSW Steel USA, Inc. Baytown is located on the gulf coastal plain, and its vegetation is classified as temperate grassland and marshes. The municipalities have been built on reclaimed marshes, swamps, and prairies, which are all still visible in undeveloped parts of the Bay Area. Baytown is bordered by water on three sides. Along the south and west is Galveston Bay. On the east is Cedar Bayou. The city is roughly bordered along the north by Interstate 10. Portions of the city to the east of Cedar Bayou lie in Chambers County, Texas. The region around the city has numerous faults, many considered active, but none has produced significant earthquakes in recorded history. These faults tend to move at a smooth rate in what is termed "fault creep", which reduces the risk of an earthquake. The one significant earthquake that has been reported in the area was the result of an underground water and petroleum extraction. The centerpieces of Baytown's economies are three industrial districts the city has created, all outside the city limits but within its extra-territorial jurisdiction. These districts primarily support petroleum and petrochemical processing. The anchors of the business community are ExxonMobil, Bayer, and Chevron Phillips. The ExxonMobil Baytown Complex, founded in 1919, is one of the world's largest industrial complexes. The Baytown Refinery located there is the largest in the United States. The Bayer Baytown Industrial Park is the largest of Bayer's U.S. chemical processing sites producing a variety of petrochemical products. The Cedar Bayou Chemical Plant is similarly Chevron Phillips largest manufacturing site. The Cedar Crossing Business Park is a newer and growing industrial district which is quickly acquiring new tenants such as Jindal Steel and Power Limited and Samson Controls. more ... |
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