When a person is charged with a crime, that charge will be placed on his criminal record and be open to viewing by government officials and any other person or organization doing a criminal background check. If you have been convicted of sexual assault or indecency with a child, for example, that record will be able to be found. An expunction (or expungement) allows a person’s criminal record to be wiped clean of certain offenses. Expungements are sometimes included in legal deals that are made before cases ever go to trial, ensuring the defendants’ cooperation.
There are a certain requirements that a charge must meet in order to be considered for expungement in Texas. Some of these requirements include:
When a person has a criminal record, it can prevent him from enjoying many of the benefits that he may have had before he got in trouble with the law. A criminal record has several negative effects on a person’s professional and private life. Some of these include the inability to:
If a person’s criminal record can be expunged, these instances can be avoided, and the person can return to normal life without worrying every time he applies for a new job or moves in to a new community.
Expunction is done through a legal process in which the defendant petitions the court to have the record erased. If this request is granted, then not only is the record destroyed, but the person can deny ever having been arrested for the crime. The only instance when a person must admit to having a criminal record is when he is involved in a court case that is associated with his arrest. In such an instance, the person cannot deny the arrest, but he can say that the record was expunged.
Brett A. Podolsky has many years of experience as both a prosecutor for the state of Texas and as a criminal defense attorney. He is board certified in criminal law by the Texas Board of Legal Specialization. That distinction is especially rare, since only 10 percent of all Texas attorneys are board certified. Mr. Podolsky has the knowledge and experience to help you successfully petition for an expunction of your record.
Contact Houston expungement attorney Brett A. Podolsky at 713-227-0087 to schedule a free review of your legal case.