Expungement Attorney in Princeton, Texas – Princeton 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 Princeton, 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 Princeton, 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 PrincetonPrinceton is a city in Collin County, Texas, United States. "The state's quo warranto motion, filed in November 2010, claimed that Princeton was wrongfully exercising powers not authorized by any law or statute and that a judgment on the case could be made without a trial and instead based solely on Princeton city records." "Princeton officials first claimed the 5.5-mile strip of land as part of the city limits in 2003, but according to the state's motion, the 'contorted history of Tract Five and the City's current efforts to effectively annex by stealth began in 1971.'" "In January 1971, the city enacted Ordinance No. 104, through which Princeton attempted to annex certain right-of-ways surrounding the city by a process commonly referred to as 'strip annexation.'"Princeton City Council passed a motion to annex five tracts, but in April of that year, the council passed another motion to eliminate Tract Five from the proposed annexations." "Texas Legislature subsequently prohibited 'strip annexation' through procedures mandated by Chapter 43 of the Texas Local Government Code.""All area maps, including one Princeton filed in 2000 with the U.S. Dept. of Justice, show that Tract Five did not belong to Princeton." "Included in the state's original filing on the case in 2010 is a corporate map of Branch that was legally filed in Collin County records in March 1975, showing that Branch owns (sic) the corner of FM 982 and FM 546 and part of the same land Princeton began claiming as its own in 2003." "Robert Davis, specially deputized District Attorney representing the state, said in the state's motion for summary judgment that 'in 2003, realizing that they were prohibited by law from engaging in the type of strip annexation which was accomplished by Ordinance No. 104, the City passed an ordinance which attempted to refute the fact that the fifth tract of land had been deleted from Ordinance No. 104 prior to final passage.' "The state initially brought the motion for summary judgment before Judge Mark Rusch of the 401st Judicial District Court..., but the state and Princeton decided to let Wheless rule on the case after Rusch disclosed he was a prosecutor in the Collin county District Attorney's office during a related case in 1990." On February 25, 2011, Judge Mark Rusch signed the Administrative Order of Assignment, which stated, "...it is my opinion that the most efficient management of this case necessitates it be transferred to the 366th Judicial District Court." A few days later, the case retained the same name, but was re-numbered to show that it was being decided in the 366th Judicial District Court: Case No. 366-00108-2010. Using only Princeton's official city records, District Court Judge Ray Wheless ruled: "that Princeton's southern most corporate city limit officially extends to approximately 0.6 miles south of the intersection of F.M. Road 982 with U.S. Highway 380 but does NOT include the 5.5-mile stretch to FM 546." "The order brings Princeton's south boundary back to where it stood for nearly 32 years." On July 11, 2011, Princeton's city council voted unanimously NOT to "appeal the Quo Warranto, Case No. 401-00108-2010 (sic)." This decision was reported in The Princeton Herald. On October 10, 2011, Princeton city council approved a new map that reflects the judge's decision. In the late 1870s T. B. Wilson and his brother George began farming near the site of future Princeton. In 1881 the Missouri, Kansas and Texas Railroad Company extended its line from Greenville to McKinney, passing through land owned by the brothers. The name Wilson's Switch was commonly used to designate the area. When residents applied for a post office branch, however, they learned that the name Wilson was already being used. The community then submitted the name Princeton in honor of Prince Dowlin, a landowner and promoter of the town. This name was accepted, and a post office was established in 1888. Members of the Princeton Independent School District and the Princeton Lions Club have teamed up annually to hold the Princeton Onion Festival. It is a major festival for the town that began in 2005 and is expected to occur on the fourth Saturday of April each year. Festival events include a 5K run, tennis round-robin, craft show, auction, raffle, onion cook-off, and food vendors. Princeton is a Type A General Law city, but its council members have tried to get a Home Rule form of government passed three consecutive times: in November 2007, May 2008, and November 2008. Princeton voters rejected Home Rule by an increasing margin each time: 149 to 117 in November 2007, 239 to 165 in May 2008, and 979 to 449 in November 2008. Home Rule cities can tax property at a higher rate than General Law cities, because the tax rate ceiling of Home Rule cities is $2.50 per $100 valuation, while the tax rate ceiling of General Law cities is $1.50 per $100 valuation. Home Rule cities can assess additional property taxes,while a General Law city has "no inherent power to tax." Besides additional property taxes, Home Rule cities are allowed to tax almost anything specified in its charter, while General Law cities cannot, because they have no charter. Home Rule cities can annex property without landowner consent, while General Law cities need landowner consent. more ... |
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