Expungement Attorney in Kinney County, Texas – Kinney 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 Kinney 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:
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 Kinney 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.
About Kinney CountyKinney County is a county located in the U.S. state of Texas. As of the 2010 census, its population was 3,598. Its seat is Brackettville. Kinney County is named for Henry Lawrence Kinney, an early settler. As of the census of 2000, there were 3,379 people, 1,314 households, and 940 families residing in the county. The population density was 2 people per square mile (1/km²). There were 1,907 housing units at an average density of 1 per square mile (1/km²). The racial makeup of the county was 75.82% White, 1.69% Black or African American, 0.33% Native American, 0.12% Asian, 18.61% from other races, and 3.43% from two or more races. 50.52% of the population were Hispanic or Latino of any race. The state legislature formed Kinney County from Bexar County in 1850 and named it for Henry Lawrence Kinney. The United States Army established Fort Clark in June 1852 on Las Moras Creek, and named it after John B. Clark, who had died in the Mexican War. Brackettville was founded in 1852 originally as the town of Brackett and named for Oscar B. Brackett, who came to set up a stage stop and opened the town's first dry-goods store. Brackett became a stop on a stage line from San Antonio to El Paso, but the settlement grew very slowly because of continuous Indian attacks. The town received its first post office in 1875. On February 18, 1861, on orders from United States Army General David E. Twiggs, Fort Clark was surrendered to the Texas Commission. Twiggs was dismissed by the United States for the act, and subsequently joined the Confederacy. The fort was evacuated by federal troops on March 19 and occupied by Confederate troops under the command of Confederate Colonel John R. Baylor. It remained in the hands of the Confederates until the end of the war, but was not garrisoned. In December 1866 it was reestablished as a federal fort. The county was organized in 1874. 1875 saw the first county government in place. In 1876 Brackettville was designated county seat after the final boundaries of the county were set by the legislature. In 1870 the county had 14,846 cattle, and large numbers of cattle were driven north during the great drives of the middle 1870s. By1880 sheep outnumbered cattle 55,597 to 7,966, and Kinney County became an important source of wool. The construction of the Galveston, Harrisburg and San Antonio Railway in 1883 gave the wool and mohair industry access to markets. At the same time it also helped to bring in numerous new settlers. In 1925 a branch line of the Texas and New Orleans Railroad was built from near Spofford to connect with the Mexican National Railroad at the Rio Grande.A large Civilian Conservation Corps camp constructed adjacent to Fort Clark helped to employ some people during the Great Depression. With the onset of World War II wool and mohair were in demand for the defense industries. Fort Clark was closed in 1946. James T. “Happy” Shahan constructed Alamo Village on his ranch near Bracketville during the late 1950s, for filming of the 1960 John Wayne epic The Alamo. Preserved as a tourist attraction, Alamo Village continued to serve as a set for hundreds of movies and documentaries. In 1969, Happy Shahan hired 18-year-old Johnny Rodriguez to sing at Alamo Village, an opportunity that rocketed Rodriguez to stardom. Kickapoo Cavern State Park, 6,400 acres (25.9 km2) in both Edwards and Kinney County, opened to the public in 1991. Formerly a private ranch. The Kinney County Groundwater Conservation District was approved by the voters in 2002. more ... |
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