Denton County Expungement / Expunction Attorneys
Clean or Erase Your Criminal Record with the Law Offices of Tim Powers – Call (940) 580-2899
If having a criminal record is adversely affecting your life, it is imperative that you speak with our Denton County criminal defense lawyers at the Law Offices of Tim Powers about criminal record expungement. Our firm can discuss your criminal record with you and explain the options available to you. We are well versed in expunction matters, and we have the skill, experience, and knowledge necessary to help you move on with your life in a positive manner.
An expungement means that all records related to a particular arrest are deleted or destroyed. If your criminal record is expunged and you are later arrested, no law enforcement agency or government entity should be able to find any records relating to the old arrest which resulted in a dismissal or acquittal.
Ask yourself these questions to see if you can get an expungement:
Has your old case been tried to either a judge or a jury and were you found
not guilty of the crime with which you were charged?
If your answer is no, then you cannot get an expungement. If your answer is yes, you may be eligible to apply for your expungement.
If you were found not guilty, were you convicted of some other offense
that came out of the same event that led to your charge?
If your answer is yes, then you cannot get your arrest record expunged. If your answer is no, then read on.
Was your case dismissed and were you charged with a felony or a misdemeanor?
If your answer is yes, then please answer this question: Do you have any felony convictions within the 5 years before the arrest that led to you being accused of a misdemeanor? If yes, you can't get an expungement. If no, then please answer the next questions.
How much time has passed since the date you allegedly committed the misdemeanor?
If your answer is two years or less, you will have to wait until two years and one day have passed. If your answer is at least two years and one day, then you can apply for an expungement.
If you were charged with a felony, but the prosecutor dismissed the case against you, then please call our firm with the answers to these 5 questions, and we can explain further:
- Was the charge for murder, manslaughter, sexual assault of a child or aggravated sexual assault, continuous sexual abuse of a young child, indecency with a child, or leaving the scene of an accident that resulted in the death of a person?
- Were you charged with theft of any estate when you were the executor, administrator, guardian, or trustee; theft by a public servant of government property; forgery or passing forged instruments (writings); first degree felony injury to an elderly or disabled individual; sexual assault other than of a child; or arson?
- Were you charged with misapplication of fiduciary property or property of a financial institution; securing execution of a document by deception (often times that is welfare fraud); any violations of the tax code; credit or debit card abuse; false statement to obtain property or credit (often times that is lying to a pawn shop employee by saying something is yours when you pawn it); or fraudulent use or possession of identifying information (identity theft); or money laundering?
- Were you charged with robbery; felony theft (at least $1500 or more); kidnapping; burglary; felony injury to an elderly or disabled individual that was not a first degree felony; abandoning or endangering a child; or insurance fraud?
- Were you charged with employing, authorizing, or inducing a sexual performance of a child; aggravated kidnapping with intent to violate or abuse sexually; burglary of a habitation with intent to commit sexual assault; aggravated sexual assault; or continuous sexual abuse of a child?
Occasionally, someone is able to prove that the indictment or information (the piece of paper that charged you with a crime) was dismissed because of a mistake or some reason indicating the absence of probable cause at the time of the dismissal. These are evaluated on a case by case basis by the court.
What is the difference between an expungement and an order of non-disclosure?
With an order of non-disclosure, the record exists; it's just that the clerk of court and other agencies are under an order not to disclose this record with certain exceptions. One exception would be that you are applying for a job with the government, say as a law enforcement agent. As you can imagine, the government would be interested in knowing whether you have been on probation or whether you have been charged.
Having your criminal record removed through criminal record expungement is the first step in moving beyond your past, but the process can be challenging and complicated. We can discuss this matter with you during a complimentary case evaluation and explain your rights and options. We look forward to helping you move towards a positive future, and guiding you to expungement.
Contact a Denton County and Collin County expungement attorney from our firm to discuss criminal record expungement.
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