Expungement Attorney in Katy, Texas – Katy 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 Katy, 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 Katy, 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 KatyKaty is a city in the U.S. state of Texas, within Houston–The Woodlands–Sugar Land metropolitan area. The city encompasses the counties of Harris, Fort Bend, and Waller. The population was 14,102 at the 2010 census. City data estimates population in 2012 at 14,661. In the mid-1800s Katy was known as Cane Island. Named for the creek that still runs through the area (now a branch of Buffalo Bayou).The creek was filled with cane presumed to have been planted for fur trapping by earlier residents. In the middle of the flat coastal prairie – this ‘island’ of cane was surrounded by an ocean of tall grass; thus the area became known as Cane Island. The trail from Harrisburg to San Antonio known as the San Felipe Road; ran right through it. In 1845 James J. Crawford received a land grant that included this area. Hot summers, cold winters, thick mud and voracious mosquitoes made the area quite difficult to settle. Thirty years later Crawford, John Sills and freed slaves Thomas and Mary Robinson were the only recorded residents of Cane Island. In 1893 the Missouri–Kansas–Texas Railroad (now a part of Union Pacific) started laying rails through Cane Island. The railroad began operation in 1895. That same year James Oliver Thomas laid out a town and in January 1896 the town of Katy was named through Thomas’s post office application. The name was based on appreciation for the MKT Railroad (which was called ‘the Katy’ by railroad officials) and the expected prosperity its arrival would bring to the new town. Today, the original train stop and railroad tracks are still very much a part of the town. By the early 1900s many families had come by train and wagon to establish Katy. Several hotels, stores, livery and saloons were prospering and farms and ranches were replacing the wild prairie. Cotton and peanuts were the first successful crops but rice soon became the favorite. Katy later became known for rice farming, the first concrete rice driers in the state of Texas were built here in 1944 and still stand as landmarks. In 1945 the City of Katy was incorporated as a municipality. Boundaries were determined by finding the area that contained the most residents and was reasonably sized so that it could be managed by city services. The City of Katy is now the anchor for the greater Katy area, defined by the boundaries of 181 sq mi (470 km2). Katy Independent School District. Katy is a thriving area west of Houston but is often further defined as either "old Katy" or "the Katy area". Old Katy is the actual City of Katy which was incorporated in 1945 and is located near the western edge of the greater Katy area. Before the City was incorporated and boundary lines were drawn, the entire area was known as Katy because Katy's MKT Railroad Depot was the hub of all business in this vicinity. Today the Katy area includes the City of Katy but also the large sections of unincorporated Harris, Fort Bend and Waller counties and defined by the boundaries of the 181 sq mi (470 km2) Katy Independent School District. Most residents of the area have a Katy postal address causing some confusion. The All Aboard Katy! public art project and the Katy Area Economic Development Council's "Energy Grows Here" branding initiative are large scale projects that have been launched to help promote,identify and unite the Katy area. more ... |
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