Expungement Attorney in Houston, Texas – Houston 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 Houston, 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 Houston, 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 HoustonHouston /ˈhjuːstən/ is the largest city in Texas and the fourth-largest city in the United States. According to the 2010 U.S. Census, the city had a population of over 2.1 million people within a land area of 599.6 square miles (1,553 km2). Houston is the seat of Harris County, and its metro area is the fifth-largest in the U.S., with over 6 million people. Houston was founded in 1836 on land near the banks of Buffalo Bayou (now known as Allen's Landing) and incorporated as a city on June 5, 1837. The city was named after former General Sam Houston, who was president of the Republic of Texas and had commanded and won at the Battle of San Jacinto 25 miles (40 km) east of where the city was established. The burgeoning port and railroad industry, combined with oil discovery in 1901, has induced continual surges in the city's population. In the mid-twentieth century, Houston became the home of the Texas Medical Center—the world's largest concentration of healthcare and research institutions—and NASA's Johnson Space Center, where the Mission Control Center is located. Houston's economy has a broad industrial base in energy, manufacturing, aeronautics, and transportation. It is also leading in health care sectors and building oilfield equipment; only New York City is home to more Fortune 500 headquarters. The Port of Houston ranks first in the United States in international waterborne tonnage handled and second in total cargo tonnage handled. The city has a population from various ethnic and religious backgrounds and a large and growing international community. It is home to many cultural institutions and exhibits, which attract more than 7 million visitors a year to the Museum District. Houston has an active visual and performing arts scene in the Theater District and offers year-round resident companies in all major performing arts. Houston was granted incorporation on June 5, 1837, with James S. Holman becoming its first mayor. In the same year, Houston became the county seat of Harrisburg County (now Harris County) and the temporary capital of the Republic of Texas. In 1840, the community established a chamber of commerce in part to promote shipping and waterborne business at the newly created port on Buffalo Bayou. Houston has four major bayous passing through the city. Buffalo Bayou runs through downtown and the Houston Ship Channel, and has three tributaries: White Oak Bayou, which runs through the Houston Heights community northwest of Downtown and then towards Downtown; Braes Bayou, which runs along the Texas Medical Center; and Sims Bayou, which runs through the south of Houston and downtown Houston. The ship channel continues past Galveston and then into the Gulf of Mexico. The Houston area has over 150 active faults (estimated to be 300 active faults) with an aggregate length of up to 310 miles (500 km), including the Long Point–Eureka Heights fault system which runs through the center of the city. There have been no significant historically recorded earthquakes in Houston, but researchers do not discount the possibility of such quakes having occurred in the deeper past, nor occurring in the future. Land in some areas southeast of Houston is sinking because water has been pumped out of the ground for many years. It may be associated with slip along the faults; however, the slippage is slow and not considered an earthquake, where stationary faults must slip suddenly enough to create seismic waves. These faults also tend to move at a smooth rate in what is termed "fault creep", which further reduces the risk of an earthquake. Houston is recognized worldwide for its energy industry—particularly for oil and natural gas—as well as for biomedical research and aeronautics. Renewable energy sources—wind and solar—are also growing economic bases in Houston. The ship channel is also a large part of Houston's economic base. Because of these strengths, Houston is designated as a global city by the Globalization and World Cities Study Group and Network and by global management consulting firm A.T. Kearney. The Houston area is the top U.S. market for exports, surpassing New York City in 2013, according to data released by the U.S. Department of Commerce’s International Trade Administration. In 2012 the Houston–The Woodlands–Sugar Land area recorded $110.3 billion in merchandise exports. Petroleum products, chemicals, and oil and gas extraction equipment accounted for approximately two-thirds of the metropolitan area's exports last year. The top three destinations for exports were Mexico, Canada, and Brazil. Houston is multicultural, in part because of its many academic institutions and strong industries as well as being a major port city. Over 90 languages are spoken in the city. It has among the youngest populations in the nation, partly due to an influx of immigrants into Texas. An estimated 400,000 illegal aliens reside in the Houston area. Many annual events celebrate the diverse cultures of Houston. The largest and longest running is the annual Houston Livestock Show and Rodeo, held over 20 days from late February to early March, which happens to be the largest annual livestock show and rodeo anywhere in the world. Another large celebration is the annual night-time Houston Pride Parade, held at the end of June. Other annual events include the Houston Greek Festival, Art Car Parade, the Houston Auto Show, the Houston International Festival, and the Bayou City Art Festival, which is considered to be one of the top five art festivals in the United States. Houston received the official nickname of "Space City" in 1967 because it is the location of NASA's Lyndon B. Johnson Space Center. Other nicknames often used by locals include "Bayou City," "Magnolia City," "New Houston," a tribute to the cultural contributions of New Orleans natives who left their city during the 2005 Hurricane Katrina catastrophe, and "H-Town." more ... |
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