Expungement Attorney in Frisco, Texas – Frisco 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 Frisco, 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 Frisco, 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 FriscoFrisco is an affluent city in Collin and Denton counties in Texas and a rapidly growing suburb of Dallas, approximately 25 minutes from the Dallas/Fort Worth International Airport and Dallas Love Field Airport. With major highways north-south and east-west, the city is well-positioned on the path of growth in the Dallas area. Since 2003, Frisco has received the designation "Tree City USA" by the National Arbor Day Foundation. In 2007, Frisco received the National Arbor Day Foundation Growth Award for the third year in a row. This award recognizes environmental improvement and encourages a higher level of tree care and tree preservation within the community. A 2007 Forbes study named Frisco as the seventh-fastest growing suburb in the United States. In 2011, CNN listed Frisco as one of the "Best Places to Live" in the nation, and Forbes ranked 7th in its list of "America's 25 Best Places To Move". When the Dallas area was being settled by American pioneers, many of the settlers traveled by wagon trains along the old Shawnee Trail. This trail was also used for cattle drives north from Austin. This trail later became the Preston Trail, and later, Preston Road. Preston Road is one of the oldest north-south roads in all of Texas. With all of this activity, the community of Lebanon was founded along this trail and granted a U.S. post office in 1860. In 1902, a line of the St. Louis-San Francisco Railway was being built through the area, and periodic watering holes were needed along the rails for the steam engines. The current settlement of Lebanon was on the Preston Ridge and was thus too high in elevation, so the watering hole was placed about four miles (6 km) to the west on lower ground. A community grew around this train stop. Residents of Lebanon actually moved their houses to the new community on logs. The new town was originally named Emerson, but that name was rejected by the U.S. Postal Service as being too similar to another town in Texas. In 1904, the residents chose Frisco City in honor of the St. Louis-San Francisco Railway on which the town was founded, later shortened to its present name. Like many Dallas suburbs, Frisco is accumulating a tremendous number of retail properties, including Stonebriar Centre (opened August 2000), a 165-store regional mall, and IKEA (opened 2005), a furniture store with an area of 28,800 square meters (310,000 sq ft). Retail establishments and restaurant chains line Preston Road, which is one of the major north-south-running traffic arteries in the city. Frisco is a "Home Rule" city. Frisco voters adopted its initial "Home Rule" Charter in 1987. In May 2002, Frisco residents voted to revise the Charter, and they also approved 19 propositions. more ... |
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