Expunging your record in San Antonio can be difficult. Whether you are struggling with the stigma of a criminal record or seeking to clear your name, understanding Texas law is crucial. In this blog post, we aim to demystify the expungement process in Texas, shedding light on vital aspects of the process and how an experienced San Antonio expungement attorney can help.
Can a Criminal Record Be Expunged in San Antonio?
In San Antonio, expunging a criminal record is a legal possibility, but it is subject to specific conditions set by Texas law. This process can lead to the complete erasure of an arrest or conviction from public records, offering a fresh start to those who qualify. To find out if your criminal record is eligible to be expunged, it is best to consult with an expungement attorney in San Antonio, who can offer invaluable advice and assess the feasibility of an expungement given your unique situation.
What Are The Conditions for Expungement in San Antonio?
Whether you can expunge your criminal record in San Antonio depends on several conditions. Key factors include:
- The nature of the offense. The more serious the offense the harder to expunge.
- Whether the charge led to a conviction. Generally, non-convictions, such as arrests that did not lead to charges or cases that were dismissed, are eligible.
- How much time has passed since the conviction. Depending on the nature of the offense, you may be required to wait up to 3 years before being eligible for an expungement.
An attorney can evaluate these conditions, offering tailored guidance based on the subtleties of Texas law.
What Crimes Are Eligible for Expungement?
In San Antonio, the eligibility for expungement is specific to certain types of crimes, primarily focusing on instances where the individual was not convicted. This includes:
- Arrests that did not lead to charges.
- Cases where charges were filed but later dismissed.
- Situations involving mistaken identity or wrongful arrest.
- Acquittals, where the individual was found not guilty in court.
- Certain juvenile offenses, under specific conditions.
It is important to note that each case is unique, and eligibility can depend on various legal subtleties.
What Crimes Cannot Be Expunged?
Certain types of crimes in San Antonio are typically ineligible for expungement under Texas law. These include:
- Felony offenses that led to a conviction.
- Crimes where the individual served a prison or probation sentence.
- Certain serious crimes, such as aggravated assault or more severe offenses.
- DUI offenses, especially those resulting in convictions or serious incidents.
- Offenses involving family violence or sexual misconduct.
Consult with an attorney for a precise determination, as legal exceptions and the specifics of your case could influence your eligibility for an expungement.
How Do I Get My Record Expunged in Bexar County?
The process of expunging a record in Bexar County involves several legal steps. It starts with determining your eligibility, which an experienced expungement attorney in San Antonio can assist with. Once your eligibility is confirmed, the next steps include filing a petition for expungement, preparing the necessary documentation, and attending a court hearing. The process can be complicated and require professional legal assistance to navigate successfully.
How Much Does it Cost to Get My Record Expunged in San Antonio?
The cost of expunging a record in San Antonio varies based on the complexity of the case and the attorney’s fees. Generally, the costs will range between $900 to $1500 but can exceed $3000 depending on the specifics of the case and the lawyer’s expertise. It is wise to discuss the costs upfront with an attorney to get a clearer picture of the total expenses involved in the process before moving forward.
Does a Criminal Record Clear in Seven Years in Texas?
There is a common misconception that criminal records automatically clear after seven years in Texas, but this is not accurate. Unlike credit reports, where certain types of information are removed after seven years, criminal records remain until they are formally expunged or sealed. The process of expungement or sealing must be initiated by the individual and is not automatic. This means that without taking legal action, a criminal record, regardless of age, will continue to be a part of your public record and can impact your life.
Will My Expunged Record Show Up on a Background Check?
Once a record is expunged in Texas, it typically will not appear in most background checks. This means that for most employment, housing, or educational purposes, an expunged record should not affect your opportunities. However, there are some exceptions. For instance, expunged records might still be considered and appear in certain government-related situations, like applying for a government job, military service, or when a high-level security clearance is required. By consulting with an experienced expungement attorney, San Antonians can learn the extent to which their expunged record might still be accessible in these specific scenarios.
Contact a Criminal Defense Attorney in San Antonio
If you are ready to turn the page on your past, be sure to contact an experienced San Antonio criminal defense attorney. The right attorney can help you understand your eligibility, navigate the complexities of the expungement process, and help you work towards a clean slate. Remember, your criminal record does not have to define your future.
