A criminal record can be a permanent mark on your life, limiting your employment, housing, and education opportunities. Imagine the relief of being able to clear that record, allowing you to start fresh and reclaim your future.
Expunction, the legal process that removes criminal records from public view, can be life-changing. In this blog post, we will discuss what expunction means, the expunction process in Austin, and how a knowledgeable expunction attorney in Austin can help.
What is an Expunction in Texas?
Expunction, as defined under Article 55.01 of the Texas Code of Criminal Procedure, is the legal process that completely removes criminal records from public access. Once an expunction (sometimes called an expungement an expungement) is granted, the records are destroyed, meaning that arrests, charges, and even some convictions will no longer appear on a background check. This can be a crucial step for anyone looking to clear their name and move forward with their life without the shadow of a criminal past.
Do I Need an Expunction Attorney in Texas?
The expunction process in Texas can be challenging. The legal requirements are strict, and missing a single detail can delay or derail your case. This is where an experienced Austin expunction attorney becomes essential.
While it is possible to attempt an expunction on your own, the assistance of a skilled attorney can make the difference between a successful expunction and a permanent record. An experienced attorney can guide you through the process, ensuring that all paperwork is correctly filed, and your case is presented in the best possible light.
Furthermore, an attorney will also represent you in court, handle any objections from the prosecution, and protect your rights. This will significantly increase your chances of securing a successful expunction.
How Much Does an Expunction Attorney Cost in Austin, Texas?
The cost of hiring an Expunction Attorney in Austin can vary based on several factors. Generally, you can expect to pay anywhere from $1,500 to $3,000 for an expunction, though this price can increase if the case is particularly complex. This fee typically covers both attorney fees and court costs.
Several factors influence the total cost. The complexity of your case is a major consideration—cases that involve multiple charges or legal complications may require more time and effort, leading to higher fees. Additionally, if your expunction is contested or if there are issues with the documentation, this can also add to the cost.
How Long Does It Take to Get an Expunction in Austin?
The timeline for obtaining an expunction in Austin can vary, but the process typically takes between four and six months from start to finish. This includes the time needed to file the petition, wait for a court date, and receive a final order from the judge.
Several factors can affect this timeline. The most significant is the court’s backlog, which can cause delays if there are many cases ahead of yours. Additionally, if all the required documents are not properly submitted or there are any objections from the prosecution, the process could take longer.
Working with a qualified criminal defense attorney in Austin can help ensure everything is handled efficiently, reducing the risk of delays.
What Criminal Records Cannot Be Expunged in Austin?
Not all criminal records can be expunged in Texas. Certain records, such as those involving convictions for serious violent felonies and sex offenses, are generally not eligible for expunction. Additionally, if you received deferred adjudication for certain offenses, these records cannot be expunged.
For those who cannot expunge their records, alternative options are available. One such option is an order of nondisclosure, which seals your record from public view but still allows certain government agencies to access it. While it does not completely erase the record, an order of nondisclosure does offer significant privacy protection.
Can Felonies Be Expunged in Texas?
In Texas, certain felonies can be expunged under specific conditions. These include:
- Felony charges dismissed without a conviction
- Cases where the individual was found not guilty
- Some felony offenses committed by juveniles
Eligibility largely depends on the circumstances surrounding the case, such as whether the prosecution chose to drop the charges or if a judge determined there was insufficient evidence. There may also be a mandatory waiting period before you can apply to expunge a felony, especially if deferred adjudication or probation is involved.
Can the FBI See Your Expunged Record?
In most cases, once a record is expunged, it is removed from public databases and cannot be seen during routine background checks. However, while expunction significantly limits who can see your criminal record, it does not entirely erase it from all systems. For example, records may still be available in certain federal databases or for specific purposes, such as national security. Nonetheless, for most people, an expunction provides the necessary privacy to move forward without their past affecting future opportunities.
Does Your Criminal Record Clear After 7 Years in Austin?
There is a common misconception that a criminal record in Texas automatically clears after seven years, but this is not the case. The “7-year rule” most people are thinking of actually relates to the Texas Business and Commerce Code, specifically Section 20.05, which limits how long certain negative information can be reported by consumer reporting agencies.
The “7-year rule” does not apply to criminal records. A criminal record will not just disappear after seven years without taking legal action. If you want to clear your record, you must go through the expunction process or seek an order of non-disclosure. Without these legal steps, your record will remain accessible in background checks, even after several years have passed.
What is the Texas Offenders Reentry Initiative (TORI)?
The Texas Offenders Reentry Initiative (TORI) is a program designed to help individuals reintegrate into society after incarceration or obtaining a criminal record. While not directly related to the expunction process, TORI offers resources such as job training, educational opportunities, and counseling, which are crucial for individuals trying to move past their criminal history.
For those eligible for expunction, TORI can be an invaluable resource in navigating the challenges that come with reintegration. Even after clearing your record, the stigma of a criminal past can make it difficult to find employment or secure housing. TORI helps bridge that gap, offering a pathway to a stable and productive life.
Expunging your criminal record can be a transformative step toward reclaiming your life. However, the process can be complex and time-consuming. Working with an expunction attorney in Austin can help avoid the pitfalls and increase your chances of success.
If you are considering an expunction, join for a free consultation with one of our experienced Austin expunction attorneys to discuss your eligibility and start the process.
