Expungement Attorney in Henderson, Texas – Henderson 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 Henderson, 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 Henderson, 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 Henderson

Henderson is a city in Rusk County, Texas, United States. The population was 13,712 at the 2010 census. It is the county seat of Rusk County. Henderson is named for James Pinckney Henderson, the first governor of Texas.

The city has functioned as a major crossroads in Northeast Texas over the last two centuries, with several major highways passing through the business district of the town, including U.S. Route 259, Texas State Highway 64, U.S. Route 79, Texas State Highway 43, Texas State Highway 42 and Texas State Highway 64.

Annual events in the city of Henderson include the Heritage Syrup Festival in November, celebrating the east Texas tradition of syrup making, and the East Texas Sacred Harp Convention in August.

The city has a vibrant Historical District, with many buildings dating back to before the American Civil War. The city has 19 historical markers, including homes dating from the 1880s, churches, and colleges. Downtown Henderson is one of the most dramatic and charming downtowns in the East Texas area. Colorful, canvas awnings highlight the ornate buildings which house Henderson's downtown merchants and offer shade to downtown shoppers visiting the various antiques stores, clothing stores, and dining facilities lining the Main Streets.

The city of Henderson is older than the State of Texas itself. Founded on land donated by W.B. Ochiltree and James Smith, the city became the county seat of Rusk County when an act of legislature created Rusk County on January 16, 1843. First Baptist and First Methodist churches were established in 1845 and 1842 respectively. The first courthouse, made of wood, was completed in 1849. After the Civil War, the International and Great Northern Railroad crossed through Rusk County but missed Henderson. In 1874, the Henderson and Overton Branch Railroad Company built a stretch of railroad connecting Henderson to the tracks running through Overton. This stretch of railroad was later sold to Missouri Pacific Railroad (now Union Pacific) and remains in use to this day.

On August 5, 1860, the booming town of Henderson burned. Forty-three buildings, including two hotels, were destroyed for a loss of 220,000.

According to the Depot Museum, a man named John Crow recollects the fire, "I was about eight years old when Henderson burned. I went to town with my father the day after the fire. It burned every house as well as I recollect, except the Flanagan Brick Building. I remember I was barefooted and careful not to burn my feet. My father said at the time they thought a fellow named Green Herndon, a union man, had hired a negro woman to burn Henderson. Herndon was a northerner and was a pronounced opponent of secession. On the negro woman's testimony, a mob gathered, threw a loop around his neck, tied it to a saddle horse which went around the public square dragging Herndon to death. Then they hung the boy to a tree and shot it full of holes…War was in preparation and people were in fits of anger. When the war broke out, the men got all the files they could find and went to the blacksmith shops and made knives and swords. There was much laughter and I remember they said, "We'll whip those damn Yankees with axes and butcher knives. Everyone was anxious to go."