If you’re wondering, “Can I get my records sealed?” you’re not alone. Many individuals who have had interactions with the criminal justice system are seeking ways to move past their mistakes and secure a fresh start.
Understanding the process of record sealing and its implications is crucial for achieving this goal. This blog will explore the options available for sealing criminal records and provide insights into how you can manage this process effectively.
What Are the Basics of Record Sealing?
Before we dive into the specifics, let’s clarify what it means to have your criminal record sealed. Sealing a record—often referred to as expungement—means that your criminal record is hidden from public view. This doesn't erase the record entirely, but it does make it inaccessible to most employers, landlords, and others who might perform background checks.
The purpose of sealing a record is to allow individuals who have made mistakes in the past to move forward without the constant stigma of a criminal record hindering their opportunities.
The process can be challenging and requires careful management through legal procedures, which is why having experienced criminal defense attorneys on your side can make all the difference.
Who Is Eligible for Record Sealing?
Eligibility for having records sealed varies by jurisdiction and the specifics of your case. In Texas, the eligibility criteria are quite specific. Generally, individuals can seek expungement if:
The Charges Were Dropped: If your case was dismissed or you were acquitted, you may be eligible to have your records sealed.
Successful Completion of a Deferred Adjudication: If you completed a deferred adjudication probation successfully, you might be eligible for expungement.
No Conviction: If you were convicted but the conviction was later overturned or you were pardoned, you might be eligible.
Certain Misdemeanors: Some misdemeanors may be eligible for expungement if they meet specific criteria set by Texas law.
It’s important to note that not all offenses are eligible for expungement. For instance, certain felony convictions and crimes involving violence or sexual offenses often have stricter restrictions.
What Is the Expungement Process in Texas?
Managing the expungement process in Texas involves several key steps:
Determine Eligibility: The first step is to evaluate whether you meet the eligibility criteria for record sealing. This involves a thorough review of your criminal history and the specifics of your case.
File a Petition: If we determine that you’re eligible, the next step is to file a petition for expungement with the court. This legal document outlines why you believe your record should be sealed and provides supporting evidence.
Court Hearing: After the petition is filed, a court hearing will be scheduled. During this hearing, we present our case to the judge, explaining why sealing your record is justified.
Judge’s Decision: The judge will review the petition and evidence before making a decision. If granted, your record will be sealed, and you’ll receive official documentation confirming this.
Notify Relevant Agencies: Once the expungement is granted, it’s necessary to notify various agencies and institutions (such as the police department and court systems) to make sure that the record is properly sealed and inaccessible to the public.
Why Are Criminal Defense Attorneys Needed?
Securing a record sealing is a legal process that requires precision and an in-depth understanding of the law. This is where experienced criminal defense attorneys come into play. Here’s why our expertise is crucial:
Understanding Eligibility: Criminal defense attorneys have a comprehensive understanding of the eligibility criteria for expungement. We can help you determine whether your case meets the requirements and advise you on the best course of action.
Managing the Legal System: The expungement process involves challenging legal procedures and paperwork. Our attorneys are skilled in managing these processes, making sure that every step is completed correctly and efficiently.
Representing Your Interests: During the court hearing, our role is to advocate for your interests. We present your case compellingly and address any objections or concerns that may arise.
Handling Paperwork: Filing petitions and handling related paperwork can be overwhelming. Criminal defense attorneys manage all necessary documentation and make sure that everything is filed in a timely manner.
Confirming Compliance: After your record is sealed, we help make sure that all relevant agencies update their records accordingly. This step is crucial for making sure that your record is truly inaccessible.
What Are the Common Misconceptions About Record Sealing?
As we help clients manage the expungement process, we often encounter misconceptions about record sealing. Here are a few common myths and the truths behind them:
Myth: Expungement Erases My Record
Truth: Expungement seals your record from public view but doesn't erase it entirely. Certain entities, such as law enforcement, may still have access to the sealed records.Myth: All Criminal Records Can Be Sealed
Truth: Not all offenses are eligible for expungement. Eligibility depends on the nature of the offense, the outcome of the case, and other factors.Myth: Expungement Is a Quick and Simple Process
Truth: The process can be lengthy and challenging, involving multiple legal steps and paperwork. Having skilled criminal defense attorneys by your side can significantly ease the process.Myth: You Don’t Need an Attorney for Expungement
Truth: While it’s possible to file for expungement without an attorney, having legal representation greatly increases your chances of success and confirms that the process is handled correctly.
How Long Does the Expungement Process Take?
Understanding the timeline for expungement is crucial for anyone seeking to clear their criminal record. The process isn't instantaneous and can vary based on several factors. Generally, the expungement process in Texas can take several months to over a year.
The duration largely depends on the nuance of the case, the workload of the court, and whether there are any objections or complications during the process. After filing the petition, we’ll need to wait for a court hearing, and it may take additional time for the court to issue a decision and for the record to be updated by various agencies.
For clients in Kaufman, Forney, Terrell, Rockwall, and surrounding areas, our criminal defense attorneys work diligently to expedite the process as much as possible. We keep you informed every step of the way and address any issues promptly to minimize delays. While waiting for your expungement, we provide ongoing support and guidance to make sure that you understand each stage of the process.
What Do You Do After Your Record Is Sealed?
Once your criminal record is sealed, there are several important steps to take to make sure that your fresh start is fully realized. Although your record is no longer accessible to the general public, it’s essential to confirm that all relevant records have been updated accordingly.
Obtain Documentation: After the expungement is granted, we’ll provide you with official documentation proving that your record has been sealed. This documentation can be useful for proving your record’s status to employers or other entities.
Check With Agencies: It’s important to follow up with various agencies such as the police department, courts, and any other relevant entities to make sure that they have updated their records. We assist in this process to make sure everything is handled correctly.
Review Background Check Results: If you’re applying for jobs or housing, it’s a good idea to review background check results to make sure that your sealed records do not appear. If there are any issues, we can assist in addressing them.
Inform Relevant Parties: If necessary, inform your current or potential employers and other relevant parties about the expungement, using your documentation as proof if required.
Contact Harrell & Paulson Today
The question, “Can I get my records sealed?” is one that many individuals with past criminal records ponder. At our law firm, we’re dedicated to providing expert legal advice and representation to clients in Kaufman, Forney, Terrell, Rockwall, and beyond.
If you believe you may be eligible for record sealing or have any questions about the expungement process, we encourage you to contact us at Harrell & Paulson today. Understanding your eligibility and managing the expungement process can be challenging, but with the help of knowledgeable criminal defense attorneys, you can achieve the fresh start you deserve.
