Expunctions
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McAllen Expunction lawyers
A civil lawsuit to clear one’s record of all state criminal charges is known as expungement. Expunction is the term used in Texas instead. If a judge grants an expungement/expunction, any agency in charge of keeping criminal records on a person must destroy the record.
Expunction is only possible in under the following circumstances:
- During a trial, a jury returned a not guilty verdict.
A judge dismissed your case before it went to trial.
Prior to going to trial, the prosecution drops all charges.
A successful appeal can result in the reversal of a conviction.
If you want to clear your name, speak with a McAllen expunction lawyer about your options. Our McAllen expungement lawyers at The Higdon Law Firm have experience not only with expunctions but also with non-disclosures, which may be another option to consider. In these matters, we assist clients in Hidalgo County and throughout Texas.
Non-Disclosure Orders and Pretrial Diversion Programs
If you have a criminal charge on your record, you can seal it from public view by obtaining a non-disclosure order through the courts. Non-disclosure is an excellent option for people whose police records have become a barrier to employment or educational opportunities. Your record will not be sealed from government agencies with a “need to know” about your past, but it will be unavailable to private employers and the general public.
Pretrial diversion programs are designed to assist first-time offenders in keeping a conviction off their record. David Higdon collaborates with the prosecutor to find the best program for our clients. If you completed a diversion program and stayed out of trouble, you may be a good candidate to have your record sealed from the general public.
To grant a non-disclosure order, the judge must be convinced that you have remained out of trouble and are unlikely to commit another criminal offense. You can also demonstrate that there was a valid reason why the charges were dropped. That is where an experienced McAllen expungement lawyer comes in handy.
Contact Us To Discuss Your Expunction A McAllen Expungement Lawyer
Expunction may be your best legal option if criminal charges on your record are affecting your employment or educational opportunities. We provide a no-obligation initial consultation to discuss your case and explain the process. David Higdon, a McAllen criminal attorney, has more than 20 years of experience exclusively practicing in the Texas criminal justice system. He will give you an unbiased assessment of your case. If expunction is an option, he will work tirelessly with the local judge to clear your name.
Texas Expunction Frequently Asked Questions
An expunction means that the Court seals and destroys all records of the arrest and any court proceedings so that no one can ever find them. Any evidence of the expunction is also destroyed. It’s as if the arrest (and subsequent expunction) never happened.
Non-disclosure mandates that all state and federal agencies seal your record so that no one outside of the government can ever see it. A criminal record can be used against you in court if you are charged again. However, you can rest assured that law enforcement, jails, and the Department of Public Safety are required to seal your record and cannot disclose the offense to non-governmental agencies.
In Texas, you can have an arrest expunged if you were not convicted or sentenced to community service. If you have completed deferred adjudication, you can also expunge a Class C Misdemeanor (probation, treatment, or community service). You may still be able to obtain a non-disclosure if you were convicted, received community supervision, or did not complete a deferred adjudication for a Class C Misdemeanor.
With an expunction, you are not required to disclose your criminal record to employers, landlords, or police. Background checks are performed by 80 percent of employers, and having a criminal record reduces your chances of being called back or offered a job by nearly 50 percent. However, an expunction means that employers and others will not be able to see your criminal record. There is one exception: if you are being questioned under oath in court, you must admit to being arrested and for what reason – but nothing else.
Contact Us For McAllen Expunction Lawyer Today
Don’t hesitate to contact the attorneys at Higdon Law Firm today for an expunction lawyer, our law firm offers a free and confidential consultation. David A. Higdon has been serving McAllen and helping represent those who are usually under-represented for criminal charges and need strong criminal defense for over 30 years. Our lawyers will fight hard for your freedom and will do whatever it takes to ensure that you are our priority. Don’t just take our word for it, hear what our clients have to say about our criminal defense attorneys on Google, Yelp, and Facebook.