Having a criminal history in Fort Worth, even without a conviction, can be detrimental and haunt you for the rest of your life. This history can give off a negative impression about you and affect your chances at various opportunities. Studies reveal that the chances of people with criminal records landing a job offer are 50% or even less. This is scary, as the same report says that approximately 32% of Texans have a criminal record.
Thankfully, the law in Texas allows people the right to have their records cleared. This process is known as expunction or expungement. The process can, however, be complicated, so it only makes sense to have a Fort Worth expunction lawyer handle it for you. This legal professional will help you achieve a positive outcome for your case, so you can have a fresh start.
What is an expungement?
Expungement is the legal process of closing the books on your past criminal charges. This process clears any record of a crime you have committed as if nothing ever happened. This is not to be confused with a nondisclosure that only seals these records from the public.
Expungement means that the court destroys the record and, as such, cannot be revisited at a later time. This takes effect in the multiple databases managed by different government departments and independent agencies. No prosecutor can access the records and use them against you should you get into any trouble in the future.
Benefits of an Expungement
Every time you receive a criminal charge, a record is created. Whether or not you were found guilty or dismissed, the records show that you were once arrested.
Usually, when you apply for a job, a loan, school admission, or wish to rent a house, you may undergo a background check. Research reveals that this happens with about 90% of employers, 80% of landlords, and 75% of colleges.
This check generally includes past encounters with law enforcement, whether it’s a court case or just an arrest. This usually sends the wrong signal to potential employment, business, housing, and schooling opportunities. An expungement clears all such records and gives you your life back.
Who is Eligible for Expungement?
It is important to note that the expungement process does not necessarily apply to all criminal cases. There are certain criteria to determine whether or not a person is eligible for expungement. Eligibility requirements for deleting your criminal records include:
- Your case was resolved by dismissal
- You were found not guilty after a trial
- You were guilty of a Class C offense but were dismissed on completion of deferred adjudication
- Special recommendation by the state prosecutor
If you fall into any of these categories, you can go ahead with your expungement plans. If you’re not sure if you are eligible or are confused about your rights, it makes sense to consult an expunction lawyer.
How to Get an Expungement
The expungement process is complex and time-consuming and requires an understanding of legal technicalities, nuances, and rigorous research. It is best to leave these tasks to experienced lawyers. There are severe penalties and consequences you can incur as a result of deficient expungement.
An attorney will help with:
- Determining eligibility for criminal record expungement
- Preparing your criminal records and documents
- Filing the petition and other necessary paperwork
- Advocating for you to convince the judge to honor your request
Bear in mind that applying for an expunction is not free. Depending on the court you’re filing at, it attracts a non-refundable fee in hundreds of dollars (ranging from $425 – $525). This means that if your application is denied, you won’t receive your money back. This is another reason you want to involve an experienced attorney.
