San Antonio Expungement Lawyer

In Texas, record sealing is more commonly referred to as Order for Nondisclosure. For many, this is an easier alternative than applying for expungement. Primarily, record sealing allows for certain criminal records to be hidden during typical background check searches. However, the primary difference between expungement and record sealing is important: Law enforcement officers will still be able to access a record. This means future arrests, and charges can be impacted by your prior record.

Keep in mind, when a minor under the age of 17 is charged with a crime, there are specific rules that may allow their records to be sealed automatically. This is per Texas Family Code Section 58.003; an attorney with experience handling juvenile records sealing can provide you with guidance as to whether the record is eligible for sealing.

Understanding Societal Changes and Expungement 

Keep something in mind, because there is a renewed focus on the fact that a criminal record for minor charges can have a serious impact on an individual, his or her family, and their future, there are some instances where an expungement may be granted even if the statute of limitations has not been met. It is vitally important for you to meet with an lawyer who understands both non-disclosure and expungement rules in Texas. 

There are certain crimes which will automatically be excluded from record sealing or expunction which include child molestation, fleeing the scene of an accident, serious DUI’s resulting in death, and other charges. Regardless of the charges on your record, contact the Law Offices of Eric Ramos, a San Antonio, TX expungement attorney for help. We’ll review your case and help you take the first step towards a brighter future. 

Class C Misdemeanors and Deferred Adjudication

If you are uncertain what type of crime you were charged with, speak with a San Antonio expungement attorney. Generally, Class C misdemeanors are crimes which carry the lowest penalty and include charges of public intoxication, disorderly conduct, open alcohol container in vehicle, minor in possession of alcohol, simple assault, and theft of property valued at less than $50 to name a few. Crimes of possession of drug paraphernalia are also classified as Class C misdemeanors, but you should be aware these are considered drug charges. That could mean you are ineligible Federal Financial Aid through FAFSA because it is considered a drug crime.

Deferred disposition is a form of probation that Texas courts will often use in the case of Class C misdemeanors. In effect, you would plead nolo contendere to a crime, the court will defer the finding, and if you meet all the conditions of the disposition, then you will not have a criminal conviction on your record, only an arrest.

Why Have a Record Expunged?

One of the many challenges facing those who have a criminal record is filling out job applications, and applications for housing. In most cases, you will be asked if you have a criminal record. Prior to having your record expunged, you will have to say “yes” if asked about a criminal record. After expungement, you can legally say “no” because your record is completely eliminated.

While the process of having your record expunged may take some time, once it is complete, you may find you have fewer problems obtaining credit, finding housing, and finding a suitable job or winning a promotion. Many people find their criminal record holds them back during these processes and for some, finding a job or housing is the reason they apply for expungement.

How an Expungement Attorney Can Help

This process is complicated and mistakes can cost you a great deal of time. This is why it is imperative to work closely with an expungement attorney who understands the expungement process. Some of the steps you will have to take include obtaining fingerprints and a copy of your criminal record. Once that step has been completed, a Petition for Expunction and Order for Expunction must be obtained from the appropriate Court Clerk.

After all of the appropriate forms are filled out, the Texas Department of Public Safety, District Attorney (DA) responsible for prosecuting your case, the police department responsible for your arrest, and the district clerk are all notified of your request. If the DA objects, you (your lawyer) will be required to attend a hearing to present your side of the story. Otherwise, the original orders will be processed, and your records will be destroyed.

If you are considering filing a request to have your criminal record destroyed permanently, contact The Law Office of Eric Ramos for help. We understand the expungement process and can help ensure the proper forms are filed accurately and properly filed with the court so we can get your Bexar County criminal record expunged.