Expungement Attorney in Hidalgo County, Texas – Hidalgo County 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 Hidalgo County, 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:

• Drug possession and other drug related crimes
• Marijuana possession
• Domestic violence
• Theft
• Burglary
• Robbery
• DUI, DWI, driving under the influence of alcohol or drugs
• Prostitution & Sex Crimes
• Indecent exposure
• Stolen property offenses, petty theft, shoplifting
• Assault, assault with a deadly weapon, battery
• And much more... Please call 1-888-754-9877 to find out if you qualify.

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:

• Misdemeanor Expungement

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.

• Felony Expungement

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.

• Early Probation Termination

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.

• Reducing Your Felony to a Misdemeanor

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.

• Record Sealing

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 Hidalgo County, 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.

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About Hidalgo County

Hidalgo County is a county in the U.S. state of Texas. Located in the Rio Grande Valley of South Texas, Hidalgo County is one of the fastest-growing counties in the United States, and is the eighth most-populous county in Texas. Its population in 2010 was 774,769, a 35% increase from 2000. It is named for Miguel Hidalgo y Costilla, the priest who raised the call for Mexico's independence from Spain. The seat of Hidalgo County is Edinburg, while the largest city is McAllen.

Hidalgo County is located within the McAllen-Edinburg-Mission Metropolitan Statistical Area. It is bordered by Cameron County and Willacy County on the east, Brooks County on the north, Starr County on the west, and Mexico on the south. Hidalgo County is located opposite the Mexican city of Reynosa, across the Rio Grande.

Hidalgo County was formed in 1852 and named for Miguel Hidalgo y Costilla, who gave the "cry for Mexican independence" from Spanish rule. By 1852 the county had between forty and forty-five ranches. As land was parceled out from one generation to the next the ranches along the river developed into villages. In this way, ranches gave rise to the communities of La Habitación, Relampago, and Peñitas. Ranches away from the river included Laguna Seca Ranch, founded in 1867, Mora Relámpago Ranch (1875), and San Manuel Ranch (1876). Generally, inhabitants of the area, especially those in the north, made a living by stock raising, while those along the river were involved in transportation, agriculture, and trade with Mexico. In 1852 La Habitación was renamed Edinburg and made county seat. The first county court convened on September 2, 1852, and as its first act issued licenses to ferries at Hidalgo, San Luis, Peñitas, and Las Cuevas. José M. J. Carbajal was an early court reporter. County residents were isolated from each other, however, and from the population center of Brownsville in neighboring Cameron County. Because of their sense of neglect by state and federal governments, residents adopted the name "Republic of Hidalgo." Isolation and ineffective law enforcement led to general chaos and lawlessness, mostly in the form of cattle raids and shootouts. The "Cortina Wars" also caused disturbances, especially when Juan Nepomuceno Cortina, on his way to a robbery, was intercepted by a force of Texas Rangers. The skirmish known as the battle of La Bolsa occurred on February 4, 1860, in El Zacatal, south of Progreso in southeast Hidalgo County. Despite difficulties, ranching dominated the economy in 1860, when 10,695 cattle and 3,330 sheep were counted; the latter produced 10,900 pounds (4,900 kg) of wool. Rustling also thrived. As early as December 28, 1862, armed Mexican bandits crossed into Los Ebanos, captured a Confederate wagontrain, and killed three teamsters. At other times Mexican cattle rustlers would cross into Texas with the purpose of stealing as many cattle as possible. Hidalgo County did not prosper from the Civil War as did Cameron County, but instead found itself battling cattle rustlers, who were joined by both Union and Confederate deserters. In 1870 rustlers were attracted to a county with 18,141 cattle and 11,270 sheep and a population of only 2,387. From 1872 to 1875 Sheriff Alex J. Leo repeatedly wired Washington requesting troops to curtail cattle rustling and end the "Cattle Wars," but his efforts were in vain. On April 2, 1875, Capt. Leander H. McNelly and a band of Texas Rangers arrived to help.

Hidalgo County had become a haven for outlaws from both sides of the river by the middle of the nineteenth century. Politically it had become a battleground, as various groups vied for dominance of county politics. Party affiliations, especially with the Reds and Blues, were firmly entrenched by 1869. Members of the Democratic party, known as the Reds, included Thaddeus Rhodes, Ben Kidder, Pete Champion, W. P. Dougherty and James Dougherty. The Republican party members, the Blues, included John McAllen, Jesse Bennett, and Dr. Alexander M. Headley. The Reds ruled the county for most of the last third of the nineteenth century. Their ineffective government was blamed for the county's having eight sheriffs between 1869 and 1876. It was alleged that the Reds kept control of the county by using the pachanga or block vote, which entailed rounding up men, filling them with food and liquor, and paying their poll tax. In Hidalgo County, Martin "Big Drunk" Norgraves, who served as first county clerk, was credited as organizer of block voting. By 1880 the population was 4,347, and all except women and the 114 African Americans were fair game for the parties looking for votes. Not until 1882, when John Closner was elected deputy sheriff, was control over cattle rustlers achieved. Closner became sheriff in 1890 and shortly afterward, under the protection of James B. Wells, became the county's political boss. During his rule he brought peace to the county and was seen as such an effective leader that he was nicknamed the "father" of Hidalgo County. In the process, however, he made many enemies. During the 1890s his rivals tried to have him assassinated twice and brought a ranger investigation against him. He was accused of mistreating prisoners, and he later admitted that he could have gone a little too far in pressuring suspects to confess to crimes. Though Closner's Reds were effective in bringing law and order to the county, the rivalry with the Blues did not abate. It came to a head in August 1890, when the Blues set up their polls and judges while the Reds held elections. This effectively gave the county two sets of officials. The Blues wanted to stop the Reds' use of the pachanga, which gave undocumented aliens access to the polls. Consequently, Dr. Headley and a company of 150 Blues took over Edinburgh and ruled the for several days under the moniker "Independent Republic of Hidalgo." United States officials ended Headley's "republic" when he attempted to collect customs at the border.

However, Hidalgo County began to shift away from its traditional agricultural focus as international trade, manufacturing, health care and retails sales became the dominant sectors. In 1980 the population was estimated at 283,229, including 15,868 retired workers. The industries with the most workers were agribusiness, tourism, oil and gas field servicing, construction, frozen food processing and canning, meat packing, and soft drink bottling, industries which earned an aggregate of $1,575,879,000. In 1982 Hidalgo County had 171 manufacturers with 7,100 employees and products valued at $211.9 million. In 1982 Hidalgo County was ranked sixty-fourth among all United States counties in the highest birth rate and twelfth in highest percent of Hispanic-origin residents. The county has never experienced a decrease in population. Its residents numbered 383,545 in 1990. Hispanics, Germans, and Anglo-Americans are the three largest ethnic groups. But the labor force that made Hidalgo County a prosperous agricultural region also made it the poorest in the nation. The McAllen-Edinburg-Mission metropolitan area had the lowest per capita income in the United States in 1987. Furthermore, Hidalgo County had the state's highest unemployment rate, and county government was so underfunded that its independent health-care program ran out of money halfway through the fiscal year.

Hidalgo County's inhabitants in 2013 were likely to be poor and obese. In the Rio Grande Valley, 38.5% of the people are obese.