Edinburg Expungement Lawyer

Expungement is the legal process of deleting and destroying a criminal record. Expunction lawyers obtain and review important court documents, before applying applicable Texas law to create a petition for expunction. Expunction is the single most powerful action available in Texas law to clear a criminal record. 

• How much does an expungement cost in Edinburg? Expunctions cost thousands of dollars. The total can vary depending on the amount and severity of offenses requiring expungement, and the number of law enforcement agencies involved. Individuals seeking expungement in Edinburg should consult a knowledgeable Expunction attorney for further information on this process.

• Can I file an expungement myself in Edinburg? Expungement is a complex process that should be handled by an experienced expungement attorney as the consequences of a deficient Expunction are severe. For example, an incomplete expunction can thwart career opportunities and significantly jeopardize professional prospects for Texans from all walks of life.

• How long does an expungement take in Edinburg? An expungement can take up to approximately 3 to 6 months in Edinburg. This timeframe is typically attributable to busy Hidalgo County courts and administrative delay in law enforcement and governmental agencies.

WHAT QUALIFIES FOR EXPUNGEMENT IN EDINBURG, TEXAS?

Criminal dismissals and cases resolved by pretrial diversion qualify for expungement in Edinburg. Charges resolved by Deferred Disposition also qualify for Expunction. Additionally, criminal acquittals immediately qualify for expungement with no required waiting period, including Theft, Assault, and Credit Card Abuse.

• What offenses cannot be expunged in Edinburg Texas? Offenses resolved through Deferred Adjudication probation and criminal convictions are not eligible for expungement though some may qualify for record sealing by nondisclosure in Edinburg. Certain serious felonies with no Statute of Limitations, like Murder, are often ineligible for Expunction depending on the circumstances for the dismissal. Learn more.

• Do I need a lawyer for expungement in Edinburg Texas? Individuals seeking to expunge a criminal charge in Edinburg should retain an experienced Expunction lawyer as the consequences of a deficient expungement are severe. For example, an incomplete Expunction can result in a continued suspension of Second Amendment rights and of a CDL in Edinburg.

WHAT CRIMES ARE NOT ELIGIBLE  FOR EXPUNGEMENT IN EDINBURG TEXAS?

Crimes resulting in a conviction and those resolved through Deferred Adjudication or community supervision probation are not eligible for expungement in Edinburg, although certain first-time offenders may qualify for a record sealing by nondisclosure. Certain serious felonies with no Statute of Limitations, like Murder, are sometimes ineligible for expunction depending on the reasoning for the dismissal. Learn more.

• Can police see expunged records in Edinburg Texas? No, police cannot see records of properly expunged criminal episodes in Edinburg. However, improperly expunged cases will be visible to a law enforcement agency and can result in pretext police investigations and detentions. It is therefore critical to retain an experienced expungement lawyer whenever seeking an Expunction in Edinburg.

• How can I get my record expunged in Edinburg, Texas for free? Indigent individuals can obtain a free expunction by executing an Affidavit of Inability to Pay costs, commonly referred to as a pauper’s affidavit by inquiring with the District Clerk’s Office. Additionally, criminal acquittals also qualify for an immediate no-fee expunction.

DOES CRIMINAL RECORD CLEAR AFTER 7 YEARS IN EDINBURG, TEXAS?

No, criminal records do not clear after 7 years in Edinburg. Criminal records are permanent and do not automatically disappear even when a charge is dismissed. The only way to remove a case from a criminal record in Texas is through Expunction.

• What misdemeanors cannot be expunged in Edinburg Texas? Misdemeanor convictions and cases resolved by Deferred Adjudication or community supervision probation cannot be expunged in Edinburg. However, some of these cases may qualify for record sealing by nondisclosure. Eligibility questions should be addressed to an experienced expunction attorney.

• Can you answer no if your record is expunged in Edinburg Texas? Yes, a person can answer no and deny the existence of an expunged criminal offense in Edinburg. This is one advantage of expungement, which can benefit individuals in employment, professional licensing, and in various other background check scenarios like joining the military.

CAN YOU BUY A GUN AFTER EXPUNGEMENT IN EDINBURG, TEXAS?

Yes, a person can buy a gun after expunging a criminal charge in Edinburg provided they do not have any other disqualifying factor. However, an improper Expunction can result in a continued suspension of firearms rights. Persons seeking to expunge an offense in Edinburg should take care to retain an experienced expungement lawyer to avoid such consequences.

• What are the benefits of expungement in Edinburg? There are innumerable benefits to expunging a criminal case in Edinburg, including the ability to deny existence of an expunged offense. An Expunction can help employees avoid difficult or embarrassing questions during a job interview and also assist litigants in family law cases such as child custody and adoption. Additionally, a clean criminal background can curb pretext police investigations and detentions.

• What happens at an expungement hearing in Edinburg? Attorneys from the local prosecuting office appear in court, as well as those representing the Texas Department of Public Safety. The Petitioner must also appear to establish why the Expunction is warranted. The judge will hear all arguments and evidence and make the final ruling in the case. Expunction is a complex process requiring an understanding of evidence and procedure.

HOW DO I FILE AN EXPUNGEMENT IN EDINBURG?

A person seeking to expunge a charge should prepare and file a Petition for Expunction with the District Clerk’s Office. The petition should be notarized and include all the information required by chapter 55 of the Texas Code of Criminal Procedure. An expungement will then advance by civil process to a hearing where the judge decides whether the Expunction is merited.

• How long do felonies stay on your record in Edinburg Texas? Felonies stay permanently on criminal records in Edinburg even when dismissed. The only way to remove a felony in Edinburg is by Expunction.

• How do I expunge a misdemeanor in TX? Expungement in Texas is a civil legal process requiring a Petition for Expunction that comports with Texas Code of Criminal Procedure chapter 55. This is a complex and nuanced procedure that should be handled by qualified legal professionals.

WHAT IS THE DIFFERENCE BETWEEN EXPUNGEMENT AND EXPUNCTION IN EDINBURG, TEXAS?

There is no difference between the terms expungement and Expunction in Texas as both refer to the process of deleting criminal cases from a person’s record. However, Expunction is the technical term for this procedure according to Texas law.

• How hard is it to get a felony expunged in Edinburg? Only those felony charges dismissed without probation qualify for Expunction under Texas law. Felony acquittals are eligible for immediate Expunction while other charges require a 3 year waiting period. Additionally, some Expunctions require expiration of the Statute of Limitations, which sometimes prevents expungement of serious felonies with no limitations, like Murder, depending on the reasoning for the dismissal.

• Can the FBI see expunged records in Edinburg, Texas? No, the FBI is unable to see properly expunged criminal records in Edinburg. However, cases subject to an incomplete or deficient expungement are visible to the FBI. This is one critical reason to seek assistance from an experienced expungement attorney during this process.

WILL A SEALED RECORD SHOW UP ON A BACKGROUND CHECK EDINBURG, TEXAS?

A record sealed by nondisclosure will not appear in a public background check run by private sector entities like private employers. However, the record is not deleted and is still visible to law enforcement and several professional regulatory agencies like the State Bar of Texas and the Texas Medical Board. A full list of agencies that can access records sealed by nondisclosure is contained in Texas Government Code section 411.0765.

• Do arrests without conviction show up on background checks in Edinburg? Yes, an arrest will appear on a criminal background check in Edinburg even when the charges are dismissed. This includes class C misdemeanors, which are common but can devastate an individual’s career and professional aspirations. The only way to remove a qualifying arrest from a criminal record is by Expunction.

• Do misdemeanors go away in Edinburg Texas? No, misdemeanor offenses do not automatically go away or disappear off criminal records in Edinburg. The only way to delete a criminal record is by Expunction. Additionally, defendants who disregard misdemeanor charges are subject to arrest and further criminal charges.

HOW FAR BACK CAN A BACKGROUND CHECK GO IN EDINBURG TEXAS?

Most background checks in Edinburg reveal the entirety of a candidate’s criminal history and are not limited to date ranges. There is a common belief that a background check only goes back 7 years, but this is a misconception. While certain employers or agencies may choose to only consider recent criminal offenses, a background check will review all criminal offenses.

• Do expunged records show up on fingerprinting Edinburg, Texas? Properly expunged records do not show up on fingerprinting in Edinburg. However, incomplete or deficiently expunged records will appear on a fingerprint background check. It is critical to retain a knowledgeable and skilled expungement lawyer to avoid these consequences.

• Will a felony show up on a background check after 10 years in Edinburg Texas? Yes, a felony charge will continue to appear on a criminal background check after 10 years in Edinburg. Felonies remain permanently on criminal records in Texas even when the charge is dismissed. The only way to delete a felony record in Edinburg is by Expunction.

HOW LONG DOES IT TAKE TO GET A FELONY EXPUNGED IN EDINBURG, TEXAS?

It takes about 3 to 6 months to finalize a felony expungement in Edinburg due to busy dockets and administrative processing. However, many cases require a 3 year waiting period prior to Expunction. Additionally, certain charges require expiration of the Statute of Limitations which often prevents expunction for serious felonies with no limitations, like Murder. 

• How long does it take for an Expunction to process in Edinburg? It takes approximately 3 to 6 months for an Expunction to fully process in Edinburg. This delay is usually due to busy court dockets and administrative agencies like the Texas Department of Public Safety.

• Who qualifies for expungement in Edinburg, Texas? Individuals with criminal charges dismissed without probation qualify for expungement in Edinburg. People who resolved their cases by pretrial diversion or Deferred Disposition are also eligible for Expunction in Edinburg.

WHAT CONVICTIONS CANNOT BE EXPUNGED IN EDINBURG, TEXAS?

Criminal convictions do not qualify for expungement under Texas law in Edinburg. Certain non-aggravated first-time convictions may qualify for record sealing by nondisclosure.

• How long does a felony stay on your record in Edinburg Texas? Felonies stay permanently on criminal records in Texas even when charges are dismissed. The only way to delete a felony record is by Expunction in Edinburg. Individuals interested in felony record clearing should contact a knowledgeable and experienced expunction law office.

• How do I seal or expunge my record in Edinburg Texas? A person can expunge or seal their records in Edinburg by filing the appropriate petitions in accordance with Texas law and local procedures. These are both nuanced legal proceedings that should be handled by experienced legal professionals.

HOW CAN I CLEAN MY RECORD IN EDINBURG TEXAS?

A person can clean their record in Edinburg by seeking an Expunction. Expunction is a powerful legal process that deletes all records of qualifying criminal charges. An Expunction even allows a person to deny the existence of expunged criminal offenses.

• How long do arrests stay on your record in Edinburg Texas? Arrests stay permanently on criminal records in Edinburg even when they are dismissed. The only way to delete a qualifying arrest record in Edinburg is by Expunction.

• Do misdemeanors go away after 7 years in Edinburg?  No, misdemeanors do not go away automatically after 7 years in Edinburg. Misdemeanors remain permanently on criminal records unless they are deleted by Expunction.

CAN YOU PASS A BACKGROUND CHECK WITH A MISDEMEANOR IN EDINBURG TEXAS?

A misdemeanor will permanently appear on a criminal background check in Edinburg unless it is expunged. This includes common class C misdemeanor arrests.  However, policies regarding misdemeanor records differ amongst employers and some entities may not reject candidates for simple misdemeanors

• What is the 7 year rule in Texas? There is no rule in Texas where criminal charges automatically disappear from criminal records after 7 years. Criminal records are permanent even when cases are dismissed unless they are removed by Expunction. As a general practice, certain employers and organizations may only consider criminal records within the previous 7 years when evaluating a candidate. However, this approach varies among the community and is inconsistent and unpredictable.

• How can I check my criminal record in Edinburg Texas? A person can check their criminal record in Edinburg by arranging a criminal record background check with the County Sheriff’s Office. However, candidates should ensure they have no active warrants prior to this process as they will be subject to immediate arrest.

EXPUNCTION LAWYER IN EDINBURG | HIDALGO COUNTY, TEXAS

Trey Porter Law represents Texans seeking to expunge criminal records in Edinburg and Hidalgo County, including the surrounding areas of Edinburg, Mission, and Pharr.

Trey Porter Law is one of the highest and best rated criminal defense firms in Texas. Recipients of statewide and national recognition, the advocates at TPL know how to fight and win for their clients.

The dynamic team of advocates at TPL have over 40 years of experience in every facet of criminal defense The firm has delivered successful outcomes for thousands of Texans facing intoxication and criminal charges. From nurses to doctors, veterans to first responders, and students and professionals across every field, TPL brings a results-oriented & client-focused approach to solving complex problems.