Expungement Attorney in McAllen, Texas – McAllen 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 McAllen, 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 McAllen, 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 McAllen

McAllen is the twentieth most populous city in Texas and the largest city in Hidalgo County, Texas. It is located at the southern tip of Texas in the Rio Grande Valley, and is part of the Southern United States. It is on the Rio Grande, across from the Mexican city of Reynosa, and is about 70 miles (110 km) west of South Padre Island and the Gulf of Mexico. The 2012 estimates put the city's population at 134,719 and the McAllen–Edinburg–Mission metropolitan area at 804,934. The Reynosa–McAllen Metropolitan Area counts a population of nearly 1.7 million.

Since its settling in 1904 the area around McAllen was largely rural and agricultural in character, but the latter half of the 20th century saw steady growth, which accelerated during the 1980s, leading to an economic and population boom in the 1990s and 2000s. Today the McAllen–Edinburg–Mission metropolitan area is one of the fastest growing metropolitan areas in the United States, although most of its growth has been in surrounding smaller cities. The introduction of the maquiladora economy and the North American Free Trade Association led to a boom in international trade, cross-border commerce with Mexico, and health care. McAllen's Medicare spending per capita has attracted national scrutiny, due to a sharp increase from the national average in 1992, to a near national high by 2006.

McAllen is a regional retail destination for Northeastern Mexican states. While McAllen's total population is 20th among Texas cities, it ranks 12th in overall retail sales, and third in the state in total retail sales both per household and per capita.

McAllen is situated on land that was part of porciones 63 and 64, granted by Spain to Antonio Gutiérrez and Juan Antonio Villareal, respectively, in 1767. Gutiérrez and his heirs inhabited the land at least up to 1883, and Villareal's heirs lived on his land for at least fifty years prior to 1852. The Santa Anita Ranch was established around 1797 by José Manuel Gómez, who received the land grant from Spain in 1800. He raised cattle, sheep, goats, and horses on his ranch and helped to continue colonizing the area. His great-granddaughter Salomé Ballí, who inherited the land in the early 1800s, married John Young, a Brownsville businessman in about 1848. They proceeded to acquire land in the surrounding area, and in 1852 Young applied for porciones 64 and 65 in southern Hidalgo County. Young died in 1859, leaving his holdings to his widow and son, John J. Young, with John McAllen, Young's assistant, as manager. McAllen married Salomé Ballí de Young in 1861, and in 1862 they had a son, James Ballí McAllen. They continued adding land to the ranch, which was renamed the McAllen Ranch. The site of present-day McAllen was within the ranch's boundaries.

McAllen adopted a home rule charter in 1927. Canning factories, a winery, tortilla plants, wood-working plants, and some oil exploration increased the population to 9,074 by 1930. In 1936 Hiram Garner opened the Valley Distillery, Incorporated, which produced wines from citrus juices. The town was a petroleum and farm chemurgic center with a population of 11,877 in 1940, by which time it had adopted the nickname the City of Palms. In 1941, a suspension bridge replaced the old bridge to Reynosa, Tamaulipas, Tamaulipas; the new toll bridge was purchased by the city and was named the McAllen-Hidalgo-Reynosa International Bridge. Its construction resulted in increased tourist trade, making McAllen a winter resort and port of entry to Mexico. The discovery of oil in the Reynosa area in 1947 resulted in a large migration of people from the Mexican interior, constituting a new tourist market and cheap labor supply for McAllen. The sister cities were linked as a result of the increased traffic between them. The population of McAllen was 20,005 in 1950 and 32,728 in 1960. The McAllen-Hidalgo-Reynosa International Bridge was the number-two port of entry into Mexico in 1954.

McAllen was an agricultural, oil, and tourist center in 1970, when the population reached 37,636. By the start of the 1970s, McAllen had a 200-bed hospital and a new air-conditioned high school, the first school in the nation featuring on-site power generated by natural-gas-powered turbines. The tourism industry continued to expand as people traveled to the area from both Mexico and the northern United States. The population continued to grow steadily through the 1970s, and reached 66,281 by 1980. During the late 1980s the McAllen Foreign Trade Zone was an important general-purpose foreign trade zone. At the time McAllen’s main industries were retail, tourism and farming, and each was in trouble. The devaluation of the Mexican peso in the 1980s put a damper on cross-border shopping; local tourism was down because of the recession. In 1983 a freeze took out much of the Valley’s citrus crop.

The Rio Grande Valley really didn't begin its rapid develop until the introduction of irrigation in 1898 and the building of the railroad in 1904. These major additions turned a once relatively desolate area into a major agricultural center. Throughout much of the 1900s, McAllen was a rural, agriculture-based economy characterized by sporadic growth. Today, the area is being transformed into a major international trade area by developing first-rate commercial, retail, office, industrial, medical, retirement and educational facilities. As recently as 1990, McAllen's unemployment rate was at 22.6 percent. By the end of 2005, that figure dropped to 7.7 percent. However, In 2011, census.gov listed the McAllen metro area the poorest in the nation.