When a person becomes arrested, the associated impact never disappears even after the dropping of the charges. Financial loans, housing and employment dealings become difficult. In this case, an Austin expunge attorney can offer you a fresh beginning.
The meaning of Expungement
Record sealing and expungement are techniques used to do away with any criminal records. Expungement can do away with the prior charges and makes the entire situation appear as if it never happened while accessing it is blocked through sealing.
In most cases, legal solutions for completely dropping criminal charges do not exist. The records are considered expunged once they have been closed through a process known as restricting records. When the same individual has been exposed to another arrest, it can cause restricting of records to be reversed.
Are You Eligible?
In Austin, those who take took a “nolo contendere” or entered an Alford plea may fail to get the restriction since both pleas are regarded as guilty and can turn into a conviction. Applying for a pardon can be possible when a person has led a law-abiding life or if the crime committed took place a long time ago.
If you were not prosecuted or your case was dismissed, you may qualify for this. You should not have any charges that are pending, be on parole, be on probation or be convicted of the same charges within 5 years prior. Cases that have assigned case numbers are considered formerly charged.
You must also determine whether the committed offense was eligible for record restriction. For instance, certain jurisdictions may permit record restrictions only for misdemeanor convictions, arrests and fail to expunge felony records.
Is being barred from Expungement possible?
Certain conditions exist and someone can be barred from the expungement procedure. Some of these conditions include acts like sexual battery, serious traffic offenses like driving under the influence, fleeing an accident scene, vehicle homicide and child molestation.
One must complete a separate application for all offenses when trying to have records restricted. All the records restricted must be visible or the request could be denied. The forms and procedures that exist have to be followed to have the records expunged.
Personal details like case and arrest details, social security number and date of birth are some of the details which need to be provided. The arresting agency together with the country of arrest will be involved.
Going about with the needed filing
One can carry out this procedure on his or her own but for a higher success probability to be expected, seeking for the guidance of an attorney is recommended. The process can be done online by using the following process:
- Submitting the application at a given fee
- The application is forwarded by the arresting agency to the prosecution office for determination of eligibility
- The application is returned by the prosecutor to the returning agency with denial or approval
- The approved application is then sent to the crime investigation office at given fee. Denied applications are returned and applicants are given a duration of 30 days to appeal.
Applications which have any form of missing information will not be processed and the application fees will not be refunded.