Facing a felony charge in Texas can be a life-altering experience, with profound implications for your future. This blog post explores the critical concept of expungement, a legal remedy that offers a ray of hope, allowing for certain charges to be erased from your record.
If you are grappling with the aftermath of a felony charge or seeking a fresh start, understanding the expungement process and why you need the assistance of an experienced criminal defense attorney for a felony charge in Texas is extremely important.
What Is a Felony Charge?
In Texas, a felony charge is a serious criminal offense that carries more severe consequences than a misdemeanor. Felonies in Texas are categorized into different levels based on their severity, including:
- Capital Felonies – examples include capital murder and capital felony murder
- First-Degree Felonies – including aggravated robbery, arson causing death, and attempted murder
- Second-Degree Felonies – for example, manslaughter, aggravated assault, and robbery
- Third-Degree Felonies – including, indecent exposure to a child, tampering with evidence, deadly conduct with a firearm, and stalking
- State Jail Felonies – such as, check forgery, theft of between $2,500 and $30,000, and child endangerment DWI
Each category is associated with specific types of crimes and varying degrees of penalties. Capital felonies, being the most severe, can lead to life imprisonment or even the death penalty. On the other hand, state jail felonies, the least severe category, involve less serious crimes. Understanding the nature and implications of a felony charge is crucial for anyone facing such charges in Texas.
What Are Potential Problems from a Felony on Your Record?
Having a felony on your record in Texas can lead to long-lasting and far-reaching consequences. These include difficulties in finding employment, as many employers are hesitant to hire individuals with a felony conviction. It can also affect your housing opportunities, with landlords often conducting background checks that could reveal such charges. Furthermore, a felony conviction can impact your right to vote, possess firearms, and access to certain professional licenses.
Moreover, the social stigma attached to a felony record can lead to challenges in your personal relationships and standing in the community, underscoring the importance of reaching out to a qualified Texas attorney for a felony charge. Your attorney may be able to help remove the felony charge from your record or keep it from going on your record in the first place.
What Is an Expungement?
An expungement, formally referred to as an expunction in Texas, refers to the legal process of removing arrests, charges, or convictions from a person’s criminal record. As outlined in Chapter 55 of the Texas Code of Criminal Procedure, an expungement is available only under specific conditions, such as after an acquittal, pardon, or when the charge was not pursued or dismissed. Successfully expunged records are legally treated as though the incident never occurred, allowing individuals to deny any past criminal activity. An expungement can be a critical step in clearing one’s name and mitigating the long-term impacts of a criminal record.
How Long After a Felony Charge Can You Get It Expunged?
In Texas, the waiting period for filing a petition for expunction varies depending on the type of felony charge. Generally, depending on the offense, one must wait between 180 days and three years from the date of the arrest to file for an expungement. However, this waiting period can be longer for certain charges. It is essential for individuals seeking an expungement to understand these time frames, as filing too early can lead to a denial of the petition. Navigating these timelines correctly is a crucial part of the expungement process.
Are There Charges That Cannot Be Expunged?
In Texas, certain felony charges are ineligible for expungement. These generally include more serious offenses, particularly those involving children, sexual assault, and violent crimes. It is important for individuals seeking an expungement to be aware of these limitations, as not all criminal records qualify for this relief. Understanding which charges cannot be expunged is a key part of assessing one’s eligibility for clearing their criminal record.
How Does Someone Qualify for an Expungement?
To qualify for an expungement in Texas, an individual must meet certain legal criteria. These include the following situations:
- You were arrested but never charged with an offense
- You were charged with an offense, but the charges were dismissed; or
- You were tried for the offense and acquitted.
It is important for individuals considering an expungement to review their specific case details against these criteria to determine if they qualify. Understanding one’s eligibility is the first step in the expungement process.
Steps to Begin The Expungement Process
To begin the expungement process in Texas, the following steps are typically involved:
- Eligibility Review: Verify if your case meets the criteria for an expungement.
- Gather Documentation: Collect all relevant documents related to your arrest and charges.
- File a Petition: Prepare and file a petition for expunction in the appropriate court.
- Serve Notice: Notify all agencies involved in your arrest and prosecution.
- Attend a Hearing: If required, attend a court hearing where the judge will consider your petition.
- Final Order: If granted, obtain a court order directing agencies to expunge your records.
Each step in the expungement process requires careful attention to detail and adherence to legal procedures. Because of this, it is advisable to seek the assistance of a qualified criminal defense attorney to help navigate this process. Also, by reaching out to a knowledgeable criminal defense attorney for a felony charge, Texas residents can explore the various legal remedies available to resolve a felony charge with the best possible outcome.
