Expungement Attorney in Refugio, Texas – Refugio 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 Refugio, 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 Refugio, 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 RefugioRefugio (Listeni/rəˈfjʊəri.oʊ/ re-fury-oh) is a town in Refugio County, Texas, United States. The population was 2,941 at the 2000 census. It is the county seat of Refugio County. As of the census of 2000, there were 2,941 people, 1,128 households, and 788 families residing in the town. The population density was 1,880.7 people per square mile (727.9/km²). There were 1,312 housing units at an average density of 839.0 per square mile (324.7/km²). The racial makeup of the town was 74.53% White, 13.40% African American, 0.51% Native American, 0.51% Asian, 0.10% Pacific Islander, 9.38% from other races, and 1.56% from two or more races. Hispanic or Latino of any race were 44.30% of the population. Refugio, the county seat of Refugio County, is on the north bank of the Mission River at the intersection of U.S. highways 183 and 77 and State Highway 202. The site of the present city was a favorite camping ground of the Karankawa Indians, who developed a permanent village there known to the Spanish as Paraje de los Copanes (Place of the Copanes, a Karankawan tribe). The Spanish probably knew of the settlement as early as 1749, and according to some accounts José de Escandón wanted to establish a pueblo and presidio there. In 1795, the Nuestra Señora del Refugio Mission was moved to the site. The Refugio Mission, the last Spanish mission to be secularized after the area became part of Mexico, operated continuously until February 1830. By then, at least 100 Mexicans lived on ranchos in the immediate vicinity, and a village existed around the mission. In 1831 James Power and James Hewetson acquired the rights to the old mission building and the town that surrounded it. Power brought colonists from Ireland to settle Refugio. The villa of Refugio was officially established in 1831 by a group of Irish and Mexican colonists. The villa became the center of the Refugio Municipality in 1834. On March 14, 1836, during the Texas Revolution, the battle of Refugio was fought at the town; most of the inhabitants subsequently fled to Victoria, Goliad, and other areas to avoid retribution. When Refugio County was organized after Texas gained its independence, Refugio became the unofficial county seat, but the town had been almost completely destroyed, and most of its former residents had not returned. The population remained depleted until about 1842 because of the continuing threat of Mexican raids into the area. Although Refugio was first incorporated in 1837, it had no government until 1842, and no post office was established there during the republic period. In 1842 the town was reincorporated, and settlers began to return to the area, and a number of them established farms on the land surrounding Refugio. A post office was established at Refugio in 1847. In 1859 the ruins of the old mission were still the most distinguishing feature of the town, which by that time included three dry-goods stores, a boardinghouse, three churches, and two schools. The town declined after the beginning of the Civil War. The city council stopped holding meetings in 1861; by the end of the war the town had almost disappeared, and only a few people lived there. Refugio had no government at all until 1868, when Moses Simpson moved in from Copano and performed the role of a council by himself. In the late 1860s and early 1870s saloons and gambling houses were established in Refugio, giving it a reputation as a "free and easy" place, which attracted gamblers, drifters, and criminals. In 1869 the county seat was moved from Refugio to St. Mary's, and then to Rockport. In 1871, when Aransas County was separated from part of Refugio County, the government of Refugio County returned to Refugio. The town's council was reorganized in 1874, and Refugio began to revive as it became a marketing and shipping center for the hides, wool, cotton, and livestock produced in the area. By 1884 the town had grown to a population of about 1,000 and included a wooden courthouse, three churches, and a public school. Though the population of the surrounding county declined during the 1880s, Refugio continued to grow during this period, and by 1890 there were an estimated 1,100 people living there. That year the town had Catholic and Baptist churches, a convent, a parochial school, two public schools (one for white students, one for blacks), and two hotels. Without a railroad Refugio had difficulty competing with other towns in the region, however, and shrank during the 1890s; its estimated population dropped to 800 by 1892 and to 600 by 1896; in 1900 there were 699 people living there. About 1902 the St. Louis, Brownsville and Mexico Railway began making surveys of the area, and fearing that the railroad would bypass their town unless paid a $30,000 "bonus," leading citizens organized to raise the money. Ultimately, the town paid the railroad $18,000 in cash and half of the town's common lands for a railroad connection, and by December 1905 the tracks had been laid and a depot built about a mile from the city. A description of the town in 1905 mentioned the convent, a hotel, two saloons, a blacksmith shop, about five stores, the wooden county courthouse, and a "handful" of dwellings. A major part of its history is found in the hardships of a local stream called the Monkey Slough. In the older days, many locals had very little sources of water, therefore the Monkey Slough was their only source. Many people would meet to take the water they needed to survive but the amount was so scarce. Eventually the locals began to get mad at each other and violence began. Many ended up splitting and moved North in search of better living conditions. As well as the split, many of them died and mourned because of it. more ... |
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