Expungement Attorney in Denton, Texas – Denton 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 Denton, 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 Denton, 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 DentonDenton is a city in the U.S. state of Texas and the county seat of Denton County. As of the 2010 United States Census, its population was 113,383, making it the 27th most populous city in Texas and the 11th-largest city in the Dallas–Fort Worth metroplex. A Texas land grant led to the formation of Denton County in 1846, and the city was incorporated in 1866. Both were named after pioneer and Texas militia captain John B. Denton. The arrival of a railroad line in the city in 1881 spurred population, and the establishment of the University of North Texas in 1890 and Texas Woman's University in 1901 distinguished the city from neighboring regions. After the construction of Dallas-Fort Worth International Airport finished in 1974, the city saw more rapid growth; as of 2011, Denton was the seventh-fastest growing city with a population over 100,000 in the country. Located north of the Dallas–Fort Worth metroplex between Oklahoma and Texas on Interstate 35, Denton is known for its active music life; the North Texas State Fair and Rodeo and the Denton Arts and Jazz Festival attract over 300,000 people to the city each year. The city experiences hot, humid summers and relatively few extreme weather events. Its diverse citizenry is represented by a nonpartisan city council, and numerous county and state departments have offices in the city. With over 45,000 students enrolled at the two universities located within its city limits, Denton is often characterized as a college town. As a result of the universities' growth, educational services play a large role in the city's economy. Residents are served by the Denton County Transportation Authority, which provides commuter rail and bus service to the area. The formation of Denton is closely tied with that of Denton County. White settlement of the area began in the middle of the 1800s when William S. Peters of Kentucky obtained a land grant from the Texas Congress and named it Peters Colony. After initial settlement in the southeast part of the county in 1843, the Texas Legislature voted to form Denton County in 1846. Both the county and the town were named for John B. Denton, a preacher and lawyer who was killed in 1841 during a skirmish with Kichai people in what is now Tarrant County. Pickneyville and Alton were selected as the county seat before Denton was named for that position in 1857. That year, a commission laid out the city and named the first streets. Denton incorporated in 1866; its first mayor was J.B. Sawyer. As the city expanded, it became an agricultural trade center for the mill and cottage industries. The arrival of the Texas and Pacific Railway in 1881 gave Denton its first rail connection and brought an influx of people to the area. North Texas Normal College, now the University of North Texas, was established in 1890, and the Girls' Industrial College, now Texas Woman's University, was founded in 1903. As the universities increased in size, their impact on Denton's economy and culture increased. Denton is home to several annual artistic and cultural events that cater to residents and tourists. The annual North Texas State Fair and Rodeo began in 1928 and promotes the cowboy culture of Texas. In addition to a rodeo, the event features several local country-rock performances, pageants, and food contests. Hosted by the North Texas State Fairgrounds since 1948, the fair brings in over 150,000 people during its nine-day run. The Denton Municipal Airport has hosted the annual Denton Airshow since 1998. The event includes aerial demonstrations and airplane exhibits; it attracted over 10,000 attendees in 2012. Other events in the city include an annual Redbud Festival, the Fiesta on the Square, and the Thin Line Documentary Film Fest. more ... |
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