Expungement Attorney in Elgin, Texas – Elgin 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 Elgin, 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 Elgin, 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 ElginElgin (/ˈɛlɡɨn/ with a hard g, unlike Elgin, Illinois) is a city in Bastrop and Travis Counties in the U.S. state of Texas. The population was 8,135 at the 2010 census. Elgin is also known as The Sausage Capital of Texas and the Brick Capital of the Southwest due to the presence of three operating brickyards in the mid-twentieth century (two of which are open to this date). Elgin is located 19 miles (31 km) miles east of Austin and 15 miles (24 km) north of Bastrop.Most of the city lies in Bastrop County, with an expanding portion[citation needed] into Travis County. Bastrop County also borders Williamson, Lee, Caldwell and Fayette counties. The City of Elgin owes its existence to a major flood of the Colorado River in 1869. Originally, the railroad was to have run from McDade, ten miles (16 km) east of Elgin, southwest to the Colorado River at a point somewhere between Bastrop and Webberville, then to Austin following the river. Elgin was incorporated and received a post office the following year, and a Baptist Sunday school began meeting in a private home. Much of the community's early population was drawn from nearby Perryville, which the railroad had bypassed. Perryville, or Hogeye as it was nicknamed, was located 2.5 miles (4.0 km) to the south. The community was known by three different names: the name Young's Settlement was chosen, probably in honor of the Michael Young family; Perryville, possibly for Perry Young, who was Michael Young's son; and Hogeye. The post office was officially named Young’s Settlement, and the churches and Masonic Lodge carried the name Perryville. The name Hogeye was given to the stage stop at the Litton home where the community dances were held and, according to legend, the fiddler knew only one tune: “Hogeye,” which he played over and over as the crowd danced on the puncheon floor. Elgin became a Texas Main Street city in 1990, and in 1999, 2000 and 2001 was selected as a National Main Street Community. Main Street is a national approach to saving our heritage by preserving historic downtown areas. Each year three cities are selected by the Texas Historical Commission and Anice Read Main Street Center to become Main Street Cities. Communities make a commitment to hire a staff person, provide office space, supplies, and a small budget. The primary commitment is to preserving and revitalizing the historic commercial business district. Volunteerism is a key part of the success of any Main Street program. more ... |
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