Expungement Attorney in Austin, Texas – Austin 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 Austin, 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 Austin, 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 AustinAustin (/ˈɒstɨn/ or /ˈɔːstɨn/) is the capital of Texas and the seat of Travis County. Located in Central Texas and the American Southwest, it is the 11th-largest city in the United States of America and the fourth-largest city in the state of Texas. It was the third-fastest-growing large city in the nation from 2000 to 2006. Austin is also the second largest state capital in the United States. Austin has a population of 842,592 (2012 estimate). The city is the cultural and economic center of the five-county Austin–Round Rock metropolitan area, which had an estimated population 1,834,303 (2012 U.S. Census). In the 1830s, pioneers began to settle the area in central Austin along the Colorado River. After Republic of Texas Vice President Mirabeau B. Lamar visited the area during a buffalo-hunting expedition between 1837 and 1838, he proposed that the republic's capital then located in Houston, Texas, be relocated to the area situated on the north bank of the Colorado River near the present-day Congress Avenue Bridge. In 1839, the site was officially chosen as the republic's new capital (the republic's seventh and final location) and was incorporated under the name Waterloo. Shortly thereafter, the name was changed to Austin in honor of Stephen F. Austin, the "Father of Texas" and the republic's first secretary of state. The city grew throughout the 19th century and became a center for government and education with the construction of the Texas State Capitol and the University of Texas at Austin. After a lull in growth from the Great Depression, Austin resumed its development into a major city and, by the 1980s, it emerged as a center for technology and business. A number of Fortune 500 companies have headquarters or regional offices in Austin including Advanced Micro Devices, Apple, eBay, Google, IBM, Intel, Texas Instruments, 3M, and Whole Foods Market. Dell's worldwide headquarters is located in nearby Round Rock, a suburb of Austin. Residents of Austin are known as "Austinites". They include a diverse mix of government employees (e.g., university faculty & staff, law enforcement, political staffers); foreign and domestic college students; musicians; high-tech workers; blue-collar workers and businesspeople. The city is home to development centers for many technology corporations; it adopted the "Silicon Hills" nickname in the 1990s. However, the current official slogan promotes Austin as "The Live Music Capital of the World", a reference to the many musicians and live music venues within the area, and the long-running PBS TV concert series Austin City Limits. In recent years, some Austinites have also adopted the unofficial slogan "Keep Austin Weird". This interpretation of the classic, "Texas-style" sense of independence refers to: the traditional and proudly eclectic, liberal lifestyles of many Austin residents; a desire to protect small, unique, local businesses from being overrun by large corporations; and as a reaction to the perceived rise of conservative influences within the community. In the late 1800s, Austin also became known as the City of the "Violet Crown" for the wintertime violet glow of color across the hills just after sunset. Even today, many Austin businesses use the term "violet crown" in their name. Austin is known as a "clean air city" for the city's stringent no-smoking ordinances that apply to all public places and buildings, including restaurants and bars. Austin, Travis County, and Williamson County have been the site of human habitation since at least 9200 BC. The earliest known inhabitants of the area lived during the late Pleistocene (Ice Age) and are linked to the Clovis culture around 9200 BC (11,200 years ago), based on evidence found throughout the area and documented at the much-studied Gault Site, midway between Georgetown and Fort Hood. Austin is situated on the Colorado River, with three man-made (artificial) lakes within the city limits: Lady Bird Lake (formerly known as Town Lake), Lake Austin (both created by dams along the Colorado River), and Lake Walter E. Long that is partly used for cooling water for the Decker Power Plant. Mansfield Dam and the foot of Lake Travis are located within the city's limits. Lady Bird Lake, Lake Austin, and Lake Travis are each on the Colorado River. As a result of its straddling the Balcones Fault, the eastern part of the city is flat, with heavy clay and loam soils, whereas, the western part and western suburbs consist of rolling hills on the edge of the Texas Hill Country. Because the hills to the west are primarily limestone rock with a thin covering of topsoil, portions of the city are frequently subjected to flash floods from the runoff caused by thunderstorms. To help control this runoff and to generate hydroelectric power, the Lower Colorado River Authority operates a series of dams that form the Texas Highland Lakes. The lakes also provide venues for boating, swimming, and other forms of recreation within several parks on the lake shores. A popular point of prominence in Austin is Mount Bonnell. At about 780 feet (238 m) above sea level, it is a natural limestone formation overlooking Lake Austin on the Colorado River, with an observation deck about 200 feet (61 m) below its summit. Austin is the anchor city of the Austin-Round Rock-San Marcos MSA, which had a Gross Domestic Product of $86 billion in 2010. Austin is considered to be a major center for high tech. Thousands of graduates each year from the engineering and computer science programs at the University of Texas at Austin provide a steady source of employees that help to fuel Austin's technology and defense industry sectors. The region's rapid growth has led Forbes to rank the Austin metropolitan area number one among all big cities for jobs for 2012 in their annual survey and WSJ Marketwatch to rank the area number one for growing businesses. The metro Austin area has much lower housing costs than the San Francisco Bay Area's Silicon Valley, but much higher housing costs than many parts of rural Texas. As a result of the high concentration of high-tech companies in the region, Austin was strongly affected by the dot-com boom in the late 1990s and subsequent bust. Austin's largest employers include the Austin Independent School District, the City of Austin, Dell, the U.S. Federal Government, Freescale Semiconductor (spun off from Motorola in 2004), IBM, St. David's Healthcare Partnership, Seton Family of Hospitals, the State of Texas, the Texas State University, and the University of Texas at Austin. Other high-tech companies with operations in Austin include 3M, Amazon, Apple, Hewlett-Packard, Google, Qualcomm, Inc., AMD, Applied Materials, Cirrus Logic, ARM Holdings, Cisco Systems, Electronic Arts, Flextronics, Facebook, eBay/PayPal, Bioware, Blizzard Entertainment, Hoover's, Intel Corporation, National Instruments, Rackspace, RetailMeNot, Rooster Teeth, Spansion, Buffalo Technology, Silicon Laboratories, Xerox, Oracle, Hostgator, Samsung Group, HomeAway, and United Devices. In 2010, Facebook accepted a grant to build a downtown office that could bring as many as 200 jobs to the city. The proliferation of technology companies has led to the region's nickname, "the Silicon Hills", and spurred development that greatly expanded the city. more ... |
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