Expungement Attorney in Swisher County, Texas – Swisher 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 Swisher 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 Swisher 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 Swisher CountySwisher County is a county located in the U.S. state of Texas. As of the 2010 census, its population was 7,854. Its seat is Tulia. The county is named for James G. Swisher, a soldier of the Texas Revolution and signer of the Texas Declaration of Independence. At one time, the large JA Ranch, founded by Charles Goodnight and John George Adair, and later owned by Goodnight and Cornelia Adair, reached into six counties, including Swisher. In 1876 the Texas state legislature carved Swisher County from Young and Bexar districts. The county was organized in 1880, and Tulia, became the county seat. The area was by and large unsettled until the JA Ranch of Charles Goodnight came in 1883, which added the Tule Ranch. In 1906, the Santa Fe Railroad branch line from Amarillo came through the county and later connected the county with Hale County, and with Lubbock by 1910, giving Swisher a major north-south rail line and boosting the economy. The first successful extensive local use of underground water from the Ogallala Aquifer came in 1936. After World War II this activity increased dramatically; by the 1980s over 225,000 acres (910 km2) in Swisher County were irrigated. In 2002 the county had 578 farms and ranches covering 566,429 acres (2,292.26 km2), 69 percent of which were devoted to crops and 30 percent to pasture. Rural Texas in the early 20th Century was often connected by unpaved routes, often of caliche or other rock and dirt paths. Swisher’s road structure fell into this category. In 1920 the Ozark Trail served as a predecessor to today’s intra-continental highway structure. The Ozark Trail was a highway network maintained by local entities or private citizens from Arkansas and Missouri through Kansas, Oklahoma, Louisiana, and Texas, to New Mexico. In Texas the trail was made of graded and upgraded roads. Collingsworth, Childress, Hall, Briscoe, Swisher, Castro, and Parmer counties along with Curry and Roosevelt counties in New Mexico raised $10,000 in 1920 to erect markers along already existing roads to mark the Ozark Trail from Oklahoma across Texas to New Mexico. By the mid-1920s Tulia was linked to Nazareth, Dimmitt, and Bovina by State Highway 86, to Canyon and Amarillo by U.S. Highway 385 (now U.S. 87 or Interstate Highway 27), to Silverton by State Highway 80, and to Plainview and Lubbock by U.S. 385. more ... |
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Attorney Daniel J King
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