Having a criminal record can follow you around like a shadow. Even if a long time has passed since your mistake, it can still cause roadblocks, whether with jobs, housing, or even school applications. Expungements are the legal process by which someone can remove that shadow and move on with a blank slate, rather than being held back by previous charges.
Houston is one of the most populous cities in Texas, and is renowned for its affordability, diverse economy with strong job markets in energy, healthcare, and tech, and rich cultural diversity. However, concerning criminal records in cities like Houston can be a serious issue.
Even dismissed charges or minor penal code violations will still appear; employers will see them if you have an application. That’s why having a skilled criminal record sealing attorney in Houston is essential. They know how these local courts operate and what is needed to clear your criminal record.
This article will explain what expungement is, how it works, and why the expungement process could be the key to opening parts of your life that you thought were out of reach.
What is Expungement?
Expungement is a court-ordered process that wipes certain criminal records from public view. Once the court approves a motion for an expungement, the charge or arrest is treated as if it never happened. That means employers, landlords, and most background checks will not see the charge or arrest.
Expungements are not a possibility for all crimes. They specifically cannot be used for serious offenses such as violent felonies. Nonetheless, you can get an expungement for most misdemeanour charges, arrests without conviction, and adversarial dismissed charges.
Try thinking of a felony as no worse than a misdemeanour charge. Someone thought they were worth dismissing and “calling done”. Expungement is like the “reset” button on your records for some of it.
What are the Differences between Expungement and Sealing Records?
Discussing your criminal history, it is not unusual for people to confuse expungement versus sealing records, as they differ.
- Expungement: The record is gone. You can act as if it never happened.
- Sealing: You have a record. However, it can’t be seen on most employers’ or public search forms and is screened from law enforcement and agency forms.
Either way, you can have a better life experience, but generally expungement is much stronger because you will not have a record.
Who Can Get Expunged?
This is dependent upon your state’s law. In Texas, for example, if you were:
- You were arrested but never charged.
- Charges were dropped or dismissed.
- You were found not guilty at trial.
- Certain juvenile offenses apply.
- You completed a diversion program.
Generally, if you have a conviction, you will make it, and the expungement will be more challenging, and you will probably be able to get that record sealed instead. An attorney who knows the state rules will assist you in determining how you belong.
Why is Expungement Important and How Can It Help You?
No matter how trifling it may appear, a criminal record will follow you and impede your life on various occasions.
- Employment: Most employers conduct background checks. It does not matter if the case is dismissed; it can still be a mark against you.
- Housing: Most housing providers conduct screenings on their tenants. You would subject yourself to rejection with a record.
- Education: Most colleges and training centers try to weed out persons with criminal histories.
- Peace of Mind: Beyond the chance to better yourself, pursuing expungement is the chance to start fresh. One not influenced by the constant reminder of your prior path.
The Steps of Expungement
Every state is going to have a different process – but in general, this is what the process entails:
- Check eligibility – Review your case to see if you qualify for expungement.
- Filing a petition – You will file a petition with the court to receive your order for expungement.
- Court Review – The Court will look at your petition and may set a hearing.
- Hearing, if required – You or your attorney will explain to the judge why you should receive relief from the expungement statute.
- Court Order – If granted, the court could order that it go.
This process could take months, and an attorney could expedite your process and eliminate errors for proposed mistakes and related filed forms.
A Word of Compliments and Limitations
Just because you are doing it does not mean it is guaranteed. Possible restrictions you must face:
- Waiting Periods – you can wait years, depending on how your case was disposed of.
- Certain offenses – you may exclude a violent crime, DUI, or serious felony under state law.
- Rules are complicated – Every state has regulations or limitations on introducing evidence; therefore, ensure all your documentation is correct.
Key Takeaways
- Expungement can remove a record; sealing can conceal it.
- Whether you get to do either is dependent on your circumstances and state law.
- You can quit a job and get housing or continue your education.
- The process can take time, but even more, it can be highly beneficial and worth your time.
- Certain offenses may always be out of reach of expungement, so always check your eligibility.
