Your lawyer will inform you of the status of your case. Some background checks only find prior conviction, but many commercial background checks will also find charges placed and dismissed. In some cases, you can get dismissed cases off of your record by applying in the Circuit Court for an expungement. You can learn more about expungements in Virginia here or you can contact us at Cook Attorneys. Yes, Cook Attorneys is here for all of your legal questions and next steps.
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These cookies do not store any personal information. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website. It does not matter whether you stood trial or plead guilty or no contest: if a judge found you guilty after a guilty plea or no contest plea, then you have been convicted.
If a jury found you guilty after a trial, then you are also convicted. Generally, if you were sentence to probation, even deferred adjudication probation, you are not eligible for an expunction. One exception to this is if you plead guilty to a Class C Misdemeanor and the case was ultimately dismissed typically because it was deferred probation.
Another exception is for DUI and other age-restricted offense. Another exception was created by the 87th Texas Legislature in If you were convicted of UCW , as it existed prior to September 1, , you can get your record expunged. Learn more details about this expunction eligibility scenarios. If you did not get convicted or plead guilty after you were arrested, or if you were convicted of UCW , you may be eligible for an expunction. In order to do this, you need to obtain a court order to have the arrest records destroyed.
You can then legally deny the arrest ever occurred, even on an employment application. See a more detailed discussion of expunction eligibility. You are strongly encouraged to hire a lawyer to handle your expunction because you only get one chance to do it. If you want to clear your criminal record, you should make sure to do it right. At the Saputo Law Firm, we keep up with the latest law related to expunctions as well as the most innovative technologies involved with the sale and distribution of public arrest record documents to private companies.
Please call us at to learn more about expunctions or to schedule your consultation with an expunctions attorney.
A waiting period is usually required before you are able to file a petition for expunction. After filing the petition, it may take up to sixty days to get a petition for expunction to be heard in court depending on statutory notice requirements and how quickly your criminal defense attorney works. Immediately after the expunction order is granted, you may deny the arrest on employment applications.
However, it can take the Texas Department of Public Safety a few weeks or even months to destroy your records after an expunction is granted, so you should get started on the expunction process as soon as possible if you need the record expunged to pass an employment background check. Do not wait until the last minute if you need a record removed for a job application. If you qualify for an expunction, then in most cases you have an absolute legal right to have the records of your arrest and prosecution deleted and destroyed.
A judge must sign off on the expunction, but if you meet the eligibility criteria, then the judge does not have legal right to deny the petition. However, sometimes expunctions are discretionary. And in most cases, the district attorney will review the petition and offer the court its opinion as to whether you are entitled to the expunction or not. For this reason, an expunction attorney usually will talk to the district attorney in advance to determine whether anything needs to be worked out before the hearing date.
You are also not eligible for an expunction if you received deferred adjudication for an offense, unless that offense was a Class C misdemeanor or for a UCW. You may also qualify to apply for judicial clemency if you received a probation sentence after conviction. Learn more information about Judicial Clemency here. If you were convicted, pled guilty, or pled no contest, then your arrest may not be able to be expunged.
You are generally not eligible to have your arrest expunged if you were ultimately convicted, whether after a guilty plea, a no contest plea or trial unless you are pardoned by the governor of the state of Texas or you were convicted of UCW before September 1, A no contest plea has the same impact as a guilty plea in Texas, and you will not be able to expunge your record if the judge found you guilty unless you are pardoned or it was UCW conviction.
Deferred prosecution is only available through a plea bargain and results in a dismissal. If you successfully complete the program and your case is dismissed, then you usually qualify for expunction, but it depends on the specific program. Deferred prosecution is entirely different from deferred adjudication. Deferred adjudication is a type of probation. You generally do not qualify for an expunction if your arrest resulted in a deferred adjudication dismissal unless you successfully completed deferred adjudication probation on a Class C Misdemeanor case.
Other than UCW cases, dismissals obtained after a successful deferred adjudication probation for a Class A or B misdemeanor or felony are not eligible for an expunction.
However, you may still be eligible for an order of nondisclosure. Orders of non-disclosure are similar to expunctions, but there are important limitations to orders of non-disclosure and differences between the two. If that is the case then an expunction might not be possible.
Speaking with an experienced expunction attorney about your chances of sealing or expunging your record may benefit your case. Another non-qualifying factor includes probation. Being on probation implies that something happened beyond the arrest to imply someone is guilty as charged, even if the person has turned their life around despite the charge.
Someone can seek expunction if they were charged with something that was later dismissed, they are not convicted, or if they were not subject to any community supervision. This could happen either through pretrial negotiations or in court. The person with the criminal record is not the only one who may want to make the incident disappear.
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