Expungement Attorney in Midland, Texas – Midland 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 Midland, 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 Midland, 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 MidlandMidland is a city in and the county seat of Midland County, Texas, United States, on the Southern Plains of the state's western area. A small portion of the city extends into Martin County. At the 2010 census, the population of Midland was 111,147, and a 2011 estimate of 113,931, making it the twenty-eighth most populous city in the state of Texas. Due to the oil boom in Midland, certain officials have estimated the population to be hovering around 155,000 to 165,000. The Midland metropolitan area's, composed of Midland County, population grew 4.6 percent to 151,662 between July 1, 2011, and July 1, 2012, according to the U.S. Census Bureau. It is the principal city of the Midland, Texas Metropolitan Statistical Area, which includes all of Midland County. The metropolitan area is also a component of the larger Midland−Odessa, Texas Combined Statistical Area, which had an estimated population of 274,002 on July 1, 2010. People in Midland are called Midlanders. Midland was originally founded as the midway point between Fort Worth and El Paso on the Texas and Pacific Railroad in 1881. The city has received national recognition as the hometown of former First Lady Laura Bush, and the onetime home of former President George H. W. Bush, former President George W. Bush, and former First Lady Barbara Bush. Midland was originally established in June 1881 as Midway Station, on the Texas and Pacific Railway. It earned its name because of its central location between Fort Worth and El Paso, but because there were already other towns in Texas by the name of Midway, the city changed its name to Midland in January 1884 when it was granted its first Post Office. Midland became the county seat of Midland county in March 1885 when that county was first organized and separated from Tom Green County. By 1890 it had become one of the most important cattle shipping centers in the state. The city was first incorporated in 1906, and by 1910 the city established its first fire department along with a new water system. Midland was forever changed by the discovery of oil in the Permian Basin in 1923 when the Santa Rita No. 1 well began producing in Reagan County, followed shortly by the Yates Oil Field in Iraan, Texas. Soon, Midland was transformed into the administrative center of the West Texas oil fields. During the second world war Midland was the largest bombardier training base in the country. A second boom period began after the Second World War, with the discovery and development of the Spraberry Trend, still ranked as the third-largest oil field in the United States by total reserves. Yet another boom period occurred during the 1970s, with the high oil prices associated with the oil and energy crises of that decade. Today, the Permian Basin produces one fifth of the nation's total petroleum and natural gas output. Midland's economy still relies heavily on petroleum; however, the city has also diversified to become a regional telecommunications and distribution center. By August 2006, a busy period of crude oil production had caused a significant workforce deficit. According to the Midland Chamber of Commerce, at that time there were almost 2,000 more jobs available in the Permian Basin than there were workers to fill them. Nicknamed "The Tall City", Midland has long been known for its downtown skyline. Most of downtown Midland’s major office buildings were built during a time of major Permian Basin oil and gas discoveries. The surge in energy prices in the mid-1980s set about a building boom for Downtown Midland. For many years, the 22-story Wilco Building in downtown Midland was the tallest building between Fort Worth and Phoenix. Today, Midland's tallest building is the 24-story Bank of America Building which stands at a height of 332 feet (101 m). Four buildings over 500 feet (150 m) tall were planned in the 1980s, including one designed by world famous architect I.M. Pei. The great Oil Bust of the mid-1980s killed any plans for future skyscrapers. A private development group plans to build Energy Tower at City Center, which is proposed to stand at 870 feet tall with 59 floors (6 floors underground and 53 above). If built, Energy Tower will be Texas' 6th tallest building. more ... |
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