Expungement Attorney in Huntsville, Texas – Huntsville 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 Huntsville, 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 Huntsville, 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 Huntsville

Huntsville is a city in and the county seat of Walker County, Texas, United States. The population is 38,548 as of the 2010 census. It is the center of the Huntsville micropolitan area.

Huntsville is located 70 miles north of Houston in the East Texas Piney Woods on Interstate 45, which runs between Houston and Dallas. Huntsville is home to Sam Houston State University, the Texas Department of Criminal Justice, Huntsville State Park, the HEARTS Veterans Museum of Texas, located on Texas Veterans Memorial Parkway at Interstate 45, and the Texas Prison Museum, also on Highway 75 near Interstate 45. Huntsville served as the residence of Sam Houston, who is recognized in Huntsville by the Sam Houston Memorial Museum and a statue on Interstate 45.

The city had its beginning about 1836, when Pleasant and Ephraim Gray opened a trading post on the site. Ephraim Gray became first postmaster in 1837, naming it after his former home town, Huntsville in Madison County, Alabama. (Incidentally, "Madison County" is also the name of an adjacent Texas county.)

Huntsville became the home of Sam Houston, who served as President of the Republic of Texas, Governor of the State of Texas, Governor of Tennessee, U.S. Senator, and Tennessee congressman. General Houston led the Texas Army in the Battle of San Jacinto - the decisive victory of the Texas Revolution. Houston has been noted for his life among the Cherokees of Tennessee, and - near the end of his life - for his opposition to the American Civil War, a position which was a very unpopular in his day. Located in Huntsville are two of Houston's homes, his grave, and the Sam Houston Memorial Museum. Houston's life in Huntsville is also commemorated by his namesake Sam Houston State University, and by a 70 ft (21 m) statue. (The towering statue, "Tribute to Courage" by artist David Adickes, has been described as the world's largest statue of an American hero, and is easily viewed by travelers on Interstate 45.)

Huntsville was also the home of Samuel Walker Houston (1864–1945),a prominent African-American pioneer in the field of education. He was born into slavery on February 12, 1864 to Joshua Houston, a slave owned by Sam Houston. Samuel W. Houston founded the Galilee Community School in 1907, which later became known as the Houstonian Normal and Industrial Institute, in Walker County, Texas.

In 1995, on the grounds of the old Samuel W. Houston Elementary School, the Huntsville Independent School District, along with the Huntsville Arts Commission and the high school's Ex-Students Association, commissioned the creation of The Dreamers, a monument to underscore the contributions made by the black community in the growth and development of Huntsville and Walker County.

As of 2005 the largest employer in Huntsville is the Texas Department of Criminal Justice, with 6,744 employees. The second largest is Sam Houston State University, with 2,458 employees. The third largest employer is the Huntsville Independent School District, with 974 employees. The fourth largest employer, Huntsville Memorial Hospital, has 540 employees. 517 employees work for the fifth largest employer, Wal-Mart.