Expungement Attorney in Fort Worth, Texas – Fort Worth 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 Fort Worth, 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 Fort Worth, 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 Fort WorthFort Worth is the 16th-largest city in the United States of America and the fifth-largest city in the state of Texas. Located in North Central Texas, the city is a cultural gateway into the American West and covers nearly 350 square miles (910 km2) in Tarrant, Denton, Johnson, Parker, and Wise counties—serving as the seat for Tarrant County. According to the 2010 census, Fort Worth had a population of 741,206. The city is the second-largest in the Dallas–Fort Worth–Arlington metropolitan area. The city was established in 1849 as an Army outpost on a bluff overlooking the Trinity River. Today Fort Worth still embraces its Western heritage and traditional architecture and design. USS Fort Worth (LCS-3) is the first ship of the United States Navy named after the city. Fort Worth is home to the Kimbell Art Museum, considered to have one of the best collections in Texas, and housed in what is widely regarded as one of Texas' foremost works of modern architecture. Also of note are the Modern Art Museum of Fort Worth and the Amon Carter Museum, the latter of which houses one of the most extensive collections of American art in the world, in a building designed by Philip Johnson. The city is also home to Texas Christian University, Texas Wesleyan University, Texas A&M University School of Law, and many multinational corporations including Bell Helicopter, Lockheed Martin, American Airlines, Radio Shack, and others. A line of seven army posts were established in 1848-49 after the Mexican War to protect the settlers of West Texas and included Fort Worth, Fort Graham, Fort Gates, Fort Croghan, Fort Martin Scott, Fort Lincoln and Fort Duncan. Fort Worth went from a sleepy outpost to a bustling town when it became a stop along the legendary Chisholm Trail, the dusty path on which millions of head of cattle were driven north to market. Fort Worth became the center of the cattle drives, and later, the ranching industry. Its location on the Old Chisholm Trail helped establish Fort Worth as a trading and cattle center and earned it the nickname "Cowtown". When oil began to gush in West Texas in the early twentieth century, and again in the late 1970s, Fort Worth was at the center of the wheeling and dealing. In July 2007, advances in horizontal drilling technology made vast natural gas reserves in the Barnett Shale available directly under the city, helping many residents receive royalty checks for their mineral rights. Today the City of Fort Worth and many residents are dealing with the benefits and issues associated with the natural gas reserves under ground. Fort Worth was the fastest-growing large city in the United States from 2000 to 2006 and was voted one of "America's Most Livable Communities." Downtown is mainly known for its Art Deco-style buildings. The Tarrant County Courthouse was created in the American Beaux Arts design, which was modeled after the Texas State Capitol building. Most of the structures about Sundance Square have preserved their early 20th-century façades. The city of Fort Worth contains over 1000 natural gas wells (December 2009 count) tapping the Barnett Shale. Each well site is a bare patch of gravel 2–5 acres (8,100–20,000 m2) in size. As city ordinances permit them in all zoning categories, including residential, well sites can be found in a variety of locations. Some wells are surrounded by masonry fences but most are secured by chain link. more ... |
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