Monthly Archives: January 2014

Insight Into Felony Expungement

Going through the steps to expunge a felony , also know as the ”clear my criminal record” procedure, is a process where criminal felony charges are deleted from someone’s criminal record by hiring an expungement lawyer/attorney of course. If a felony is expunged, then it’s as if it never happened and will not show up on background checks, and a person can even state under oath the felony never occurred. Having a felony can be a big obstacle in someone’s life, affecting where they can live, where they work, and even if they can have a legal weapon. In this article, we’ll discuss some insights into expunging a felony from someone’s criminal record.

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Requirements for Felony Expungement

The requirements for felony expungement vary from state to state, and some states don’t allow this at all. Federal felonies can not be expunged at all, unless with a special rare pardon. Each state has it’s own definition of what a felony is, but they usually require a similar process to occur in order to expunge a felony.

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A person must start with filling a request, which is then submitted in writing to a judge who will determine eligibility through a hearing     he/she will conduct. All fines and sentencing for the felony must be completed before filing for expungement. Also, most states require a wait of 5-10 years from the completion of their sentence. Probation also needs to be completed without any violations.

The process of applying for the expungement of a felony involves a lot of paperwork and legal complications. Having an attorney for this process is helpful and is worth the costs if can get the felony cleared.

Felonies Not eligible for Expungement

This varies from state to state, but generally speaking there are some felonies which are never eligible for expungement. These include felonies where the victim is younger than 18 years old, sexual crimes like rape or sexual battery, corrupting a minor, and child pornography.

Less serious felonies like drug possession and prostitution are more likely to be eligible for expungement. The more serious and violent the crime, the less likely it will be able to be cleared.

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Felony Expungement in Texas

If a person has been convicted of a felony in Texas, they’ll almost never be eligible to clear this from their record. The laws in Texas simply don’t allow the expungement of felonies if found guilty, unless they receive a pardon from the governor. If a completed deferred adjudication is received, then a person can be eligible to seal their record with an order of non-disclosure. This would hide the felony from landlords, loan officers at banks, and potential employers, but not from government offices.

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Felony Expungement Lawyer

Although a person doesn’t need a lawyer to go about the applying process to expunge a felony, they will ensure the complicated paperwork and procedures are done correctly. Even though a lawyer will cost some money to hire, the cost are worth it when thinking about the opportunities available when expungement is granted.

Having a felony conviction is a serious liability in a person’s life. It affects negatively their job prospects, living standards, and strips them of other rights like owning a firearm. Getting a felony expunged from a record will give a person a clear record and the ability to have more opportunity in their life. Unless a person takes action to clear a felony from their record, it will stay there indefinitely. Even though the process is difficult, it’s worthwhile to apply and try for.

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How to Get a Felony Expungement without Paying a Fortune

Having a felony on your record can hinder living a happy and productive life. Your criminal record can lead to many missed opportunities. If you have a felony and you just can’t seem to achieve gainful employment, regardless of your qualifications you may very well be asking yourself, How can I get an expungement in Texas and clear my criminal record for good? Online research will probably be your first step in your research. View this site to see who helped me, but of course it depends on your location when you make a choice.

Locating an Affordable Expungement Lawyer

In order to expunge a felony without emptying your bank account, you’ll want to put in some leg work and interview more than one expungement lawyer; ideally between five and ten, however the closer you get to ten the better. It may be beneficial to locate and expunge attorney that has paralegals on hand, as this can sometime limit cost due to differing hourly rates. Any expunge attorney will give you an initial consultation free of charge. During your free consultation find out how many criminal expungement cases have been won. Also inquire about rates and whether or not a retainer is needed. Finally, discuss the possibility of retaining your own records and letters of recommendation, to reduce attorney cost.

Gathering Records to Expunge a Felony

Having all of your files and records available will speed up and improve your chances of getting an expungement in Texas. The first step is to visit your local Federal Bureau of Investigation building. From there you can pay a small fee and be given a print out of your entire criminal history, this is vital in that it shows a chronological listing of criminal behavior followed by the length of time that you have remained a law abiding citizen.

Rehabilitation

The records that will be the most beneficial are indications of rehabilitation. Your expungement attorney will have a greater chance of success in being awarded a felony expungement if there is a solid record of rehabilitation. Have a file ready that contains letters of completion from any programs you attended, this can be drug rehabilitation, anger management classes and even community service hours. If you were released early from probation a letter from your probation officer also has heavy clout and can be extremely beneficial.

Accomplishments

Records of your accomplishments can also be valuable for your expungement attorney. Registration for college classes along with any volunteer work you have done are great personal accomplishments that a judge would like to see prior to expunging a felony record. Your accomplishments will show your judge that you have changed and that you’re attempting to better your life.

If college and probation isn’t available as an accomplishment there are still several outlets that can help to get your felony expunged. Individual technical classes such as a forklift operator certification shows a desire to increase career options that can be deemed useful and practical. Another often neglected accomplishment is any series of available parenting classes, completing them shows not only that you’re improving your life, it highlights the fact that you have chosen to improve the life of your children. Doing any type of work for the sake of another is a clear sign of criminal and personal rehabilitation.

How an Expungement Lawyer Changed My Life

I’m a simple girl, living in Central Texas. I will admit that I have made mistakes in my life, but the one that has haunted me for years was due to simply being naive. As a result, I was a soon to be elementary school teacher in need of clearing my criminal record by obtaining a felony expungement in Texas. If you’re reading this, you probably know exactly what that is, so I’ll cut to the chase and give you a link to the expungement lawyer that I speak of so fondly later in this article. Oh and you’ll notice some videos within my article. I know this can be a serious and touchy subject so I threw in some funny videos about court cases. I hope you like them. OK, let’s move on…let me start at the beginning.

Back in the Days When I Didn’t Even Know What a Felony Expungement Meant

I lived with a boyfriend in my late teens that sold marijuana. I didn’t think anything about it until the police arrived with a search warrant one evening. By the end of the night, I had been charged with possession of marijuana, which happened to be more than 4 oz.  This is a felony in TX. My case was presented to the grand jury several weeks later and it was “no billed,” meaning they didn’t believe there was enough evidence to send me to trial. My boyfriend went off to prison and I went off to college. After that one night in jail, I knew that this was not the life I wanted to live. I did great in college and was beyond excited to start my life as a teacher when I graduated. I knew that I had been charged with a felony, but after 4 years I assumed that it no longer mattered since I hadn’t been convicted. I sure as heck didn’t know I would need an expunge attorney either.

Learning I Needed an Expungement Lawyer the Hard Way

Apparently, it only mattered that I had been arrested and charged with a felony, not that my case was no billed. It still shows up when a background check is run. This means that, after working for four long years and graduating from college, I couldn’t work as teacher. After a bit of internet research, I contacted an expungement lawyer with the hope that I could get a felony expungement. I learned that, in TX, the laws are rather strict regarding who can qualify to have a felony expunged. Thankfully, I qualified due to never having been convicted on my possession charges. If I had been convicted, I would have had to receive a pardon from the governor before the courts would consider expunging the charge.

The Glorious Day When I Could Clear My Criminal Record

This part was relatively simple thanks to the fact that I had hired an expungement attorney with plenty of experience in this field. The hardest part was waiting. Thankfully, the 2 year statute of limitations on the possession charges had already passed, so I was only waiting on the court’s decision. After 45 days, the order was granted. However, it takes a few more weeks for the Texas Department of Public Safety to seal the records. Finally, I was able to clear my criminal record and apply for a teaching position.

Don’t fall into the trap I did! Do not assume that just because you were not convicted, you have a clear criminal record. If you have been arrested for a felony, you have to complete the felony expungement process to clear your record completely and to be able to check “no” on job applications when asked about a felony record. Like I said earlier, if you’re reading this you are probably involved in something similar. I can’t express to you in typed words the relief of having my life back. It truly is a second chance in life. Feel free to ask me questions if you have any.

How To Expunge A Felony

Anyone convicted of a felony will likely face some stiff penalties throughout their lives.  In addition to the jail time they will have to serve, there are a few other considerations to keep in mind.  It can be difficult for a convicted felon to live a normal life once they have returned to the outside.  They may want to work with an expunge attorney to find out more information about what kinds of methods they have to deal with this.  They will likely be asking, “how can I clear my criminal record?”  Most people will be glad to see that they can actually learn more information about this process from an expungement lawyer. If you’re in Texas, click here for more information.

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There are a few different advantages people can consider when they want to go through this process to expunge a felony.  They will be able to vote again in most jurisdictions.  This can give people a new found sense of community spirit, which will help them restore their life to normal again.  They will also be much more likely to get a good chance at obtaining a job offer.  Most employers are a little hesitant to hire on someone who may have a felony on their record.  This is why many people will want to look through these options and decide on which type of service they may want to get.  There are a few unique features that people should consider when they apply to these different programs.

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Most lawyers will typically be able to provide an initial consultation for anyone who wants to try to expunge a felony from their record.  This will be an important step to take, because it will brief the client on how they should handle this kind of situation.  They may want to learn more information about the different types of processes that they can follow when they want to get a felony expungement.  The lawyer will also be able to help people decide whether they can actually get linked up with the support that they need going forward. They may also be interested in how likely they will be to actually succeed during this process.

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Many people will be glad to see that they can actually expunge a felony that they may have had from years ago. Even if they have unsuccessfully tried in the past, some clients are able to do so on subsequent trips. This can help many people get the success that they need when they want to clear their record.

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Finally, most clients will want to make sure that they are getting the right rates that they can find when they choose a certain lawyer.  The lawyer will be able to review the case and estimate how much time it may take to clear these charges.  They should be able to provide an initial quote on the different types of fees that the client may need to pay.  Though it can take some capital upfront, most people will want to check out how they can actually get linked up with the best services that they need.  This will be an investment in their future, so they should take the time that they need to make sure that it will be successful.

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