El Paso Expungement Lawyer

HOW MUCH DOES EXPUNGEMENT COST IN EL PASO TEXAS?

It costs up to approximately $5000 to expunge a criminal case in El Paso. This fee can vary depending on the severity and amount of cases sought to be expunged as well as the number of law enforcement agencies requiring service.

• Can I file an expungement myself in El Paso Texas? Yes, a person can file their own Expunction in El Paso. However, expungement is a complex process and a deficient Expunction can have severe consequences like a loss of career opportunities. An incomplete Expunction can also result in a continued suspension of gun rights. An experienced Expunction lawyer should handle this process to avoid these potential hazards.

• How long does it take for an expungement to process in El Paso Texas? It takes approximately 3 to 6 months for an Expunction to fully process and for the criminal record to be expunged. This time period is typically a product of busy court dockets and logistical delays by government and law enforcement agencies.

WHAT OFFENSES CANNOT BE EXPUNGED IN EL PASO TEXAS?

Criminal offenses resulting in a conviction are ineligible for Expunction as well as those resolved by Deferred Adjudication probation and community supervision probation. Additionally, certain severe felonies with no Statute of Limitations, like murder, may not qualify for expungement depending on the circumstances for the dismissal. Persons seeking expungement in El Paso should consult with a qualified Expunction attorney to explore eligibility and Expunction requirements. Learn more.

• How long do felonies stay on your record in El Paso Texas? Felony offenses stay permanently on criminal records in El Paso even when dismissed. Felonies do not ever automatically disappear from criminal records. The only way to remove an eligible felony is by Expunction.

• Who can see expunged records in El Paso Texas? No person, official, or agency can see a properly expunged criminal record in El Paso. An Expunction destroys all records of the case and even allows a person to deny existence of the expunged charge. However, an improper Expunction can result in a visible charge, including common class c misdemeanors. Learn more.

DO I NEED A LAWYER FOR EXPUNGEMENT IN EL PASO TEXAS?

Yes, expungement is a nuanced, complex process that can impose severe consequences if not processed properly. An experienced expungement lawyer can prepare the necessary petition and include the proper agencies to ensure a charge is fully expunged. Expunction requires an understanding of civil procedure, evidence, and local rules, and is, thus, best left to the hands of qualified legal professionals. Learn more.

• What are the requirements for expungement in El Paso Texas? A case must first be dismissed to qualify for Expungement in El Paso. Class c misdemeanors impose a 180 day waiting period, while class B misdemeanors and class A misdemeanors require a one year waiting period. There is a three year waiting period for felony expungements. Additionally, some cases require expiration of the Statute of Limitation prior to expunction. There is no waiting period for criminal acquittals. Learn more.

• What crimes are not eligible for expungement in El Paso Texas? Criminal convictions and cases resolved through Deferred Adjudication and community supervision probation are not eligible for expungement in El Paso, though some may qualify for record sealing by a nondisclosure order. Additionally, certain serious felonies with no Statute of Limitations, like Murder, cannot be expunged in some instances depending on the reasons for the dismissal. Learn more.

CAN YOU BUY A GUN AFTER EXPUNGEMENT IN EL PASO TEXAS?

Yes, a person can buy a gun after expunging a criminal charge as long as they have no other disqualifying factors. However, a deficient or incomplete expunction can result in a continued suspension of second amendment rights. This is one reason it is imperative to retain an experienced expungement attorney when seeking to expunge a charge in El Paso. Learn more.

• What misdemeanors cannot be expunged in El Paso Texas? Misdemeanor convictions and those resolved by Deferred Adjudication or community supervision probation cannot be expunged in El Paso. By contrast, misdemeanors resolved by Deferred Disposition are eligible for Expunction. Learn more.

• Can FBI see expunged records in El Paso Texas? Properly expunged criminal records, including expunged white collar crimes, are not visible to the FBI in El Paso. However, an improperly expunged charge may appear on an FBI criminal background check, which can be a ruinous event.

WHEN CAN I EXPUNGE MY RECORD IN EL PASO TEXAS?

A person can expunge a criminal charge in El Paso after it is dismissed with no probation. Some cases require expiration of the Statute of Limitations, while others require a waiting period, which is 180 days for class C misdemeanors, 1 year for class A and class B misdemeanors, and 3 years for felonies. Criminal acquittals are eligible for immediate Expunction with no waiting requirement.

• Does a felony show up on a background check after 7 years in El Paso Texas? Yes, a felony will appear on a background check after 7 years in El Paso. Although certain employers or agencies may sometimes only consider offenses within the previous 7 years, felony charges are permanent on criminal records even when dismissed. The only way to delete a felony record is by Expunction.

• Will a felony show up on a background check after 10 years in El Paso Texas? Yes, a felony will show up on a background check after 10 years in El Paso. Felony charges do not ever automatically fall off criminal records in Texas even when they are dismissed. The only way to remove a felony from a background check is by Expunction .

WHAT IS THE 7 YEAR RULE IN EL PASO TEXAS?

There is no 7 year rule on background checks in Texas where cases automatically disappear from criminal records after 7 years. While it is true that certain employers or agencies may only look at offenses within the previous 7 years when evaluating a candidate, the charge still remains on a person’s criminal record. The only way to delete a qualifying criminal record is by Expunction in El Paso.

• How does expungement work in Texas? Expungement is a legal suit in Texas that begins by filing a Petition for Expunction and then advances by civil process. The petition identifies several agencies that possess pertinent criminal records who are then served with the suit and given notice for hearing. The presiding judge ultimately decides whether the Expunction is merited and a granted Expunction is essentially an order that these agencies destroy all pertinent criminal records.

• What happens at an expungement hearing in El Paso Texas? The petitioner is required to appear at an expungement hearing where the state is usually represented by the district attorney and sometimes a representative from Texas Department of Public Safety. The judge reviews the pleadings, evidence, and legal arguments before ruling on the matter.

HOW DO I SEAL OR EXPUNGE MY RECORD IN EL PASO TEXAS?

A person can seal or expunge a criminal record in El Paso by filing the appropriate pleadings with the El Paso County District Clerk, in municipal court when appropriate, or in the pertinent court. These processes are complex, requiring an understanding of civil procedure, evidence, local rules, and of the criminal justice system. A person seeking Expunction or record sealing in El Paso should therefore retain the assistance of a knowledgeable Expunction attorney with a track record of success. Learn more.

• What is the difference between expungement and Expunction in El Paso Texas? There is no difference between the terms expungement and Expunction and both are used interchangeably in reference to the process of deleting a criminal record. Texas law does identify this process as Expunction, however.

• Do arrests without conviction show up on background check in El Paso Texas? Yes, arrests will appear on criminal background checks in El Paso even when charges are dismissed. This includes common but potentially devastating class C misdemeanors. The only way to remove a qualifying arrest from a criminal background in El Paso is by Expunction.

DO MISDEMEANORS GO AWAY AFTER 7 YEARS IN EL PASO TEXAS?

Misdemeanors do not go away after 7 years in El Paso. Even dismissed misdemeanors remain permanently on criminal records unless they are expunged. Furthermore, disregarding a pending misdemeanor charge can result in an arrest warrant and additional criminal charges. Learn more.

• How long does it take for a misdemeanor to fall off your record in El Paso Texas? Misdemeanors do not ever automatically fall off criminal records in Texas even when they are dismissed. The only way to remove a misdemeanor record in El Paso is by Expunction.

• How far back can a background check go in El Paso Texas? An El Paso criminal background check can review the entirety of a candidate’s criminal history with no date range limit. Certain employers and agencies may sometimes only evaluate recent criminal charges, though this practice is generally unpredictable and varies across the community.

WILL A SEALED RECORD SHOW UP ON A BACKGROUND CHECK EL PASO TEXAS?

A criminal record sealed by nondisclosure will not appear on a public background check conducted by private entities such as private-sector employees. However, a sealed record will appear on governmental and law enforcement background check and is visible to state agencies that regulate professional occupations, like the State Bar of Texas and the Texas Medical Board. A full list of these agencies can be found in Texas Government Code section 411.0765.

• Do misdemeanors show up on background checks in El Paso Texas? Yes, misdemeanors do show up on background checks in El Paso even when they are dismissed. This can include potentially private alcohol rehabilitation records. The only way to remove a misdemeanor from a criminal record is by Expunction.

• How long does it take to expunge a dismissed case in El Paso Texas? It takes approximately 3 to 6 months to fully expunge a dismissed case in El Paso. Delays are usually a product of busy dockets and administrative logistics in law enforcement and state agencies.

HOW LONG DOES IT TAKE FOR A FELONY TO FALL OFF YOUR RECORD IN EL PASO TEXAS?

Felonies do not ever automatically fall off criminal records in Texas even when charges are dismissed. The only way to remove an eligible felony offense from a criminal record in El Paso is by Expunction.

• Does a felony ever come off your record in El Paso Texas? Yes, felonies that are dismissed without probation, and felony acquittals may be removed from criminal records in El Paso. Additionally, felony charges resolved successfully by pretrial diversion also qualify for record clearing by Expunction.

• How far back do most criminal background checks go in El Paso? Most El Paso criminal background checks review the entirety of a candidate’s criminal history and are not limited to a specific date range. This means 10, 20, and even 30-year old cases will appear on a background check in El Paso.

WHAT FELONIES CANNOT BE EXPUNGED IN EL PASO TEXAS?

Felony convictions and those resolved by Deferred Adjudication and community supervision probation cannot be expunged in El Paso. Additionally, certain serious felonies with no Statute of Limitations, like Murder, are sometimes ineligible for Expunction depending on the circumstances for the dismissal. Learn more.

• Do I need to expunge dismissed charge Texas? Yes, dismissed criminal charges should be expunged immediately or they will otherwise remain permanently on criminal records in Texas. An Expunction can help individuals avoid uncomfortable situations in job interviews and also pretextual police investigative detentions following car accidents for example.

• Do felonies go away after 7 years in El Paso Texas? No, felonies do not go away after 7 years in Texas. Felony records are permanent unless expunged from criminal backgrounds in El Paso. Furthermore, disregarding a pending felony charge will result in an arrest warrant and additional criminal charges. Learn more.

CAN YOU REFUSE TO HIRE SOMEONE WITH A CRIMINAL RECORD IN TEXAS?

Yes, employers in Texas can refuse to hire a person due to concerns about their criminal records. Texans should thus consider Expunction a vital career investment and consult with a qualified expungement lawyer to explore eligibility. Additional related questions should be discussed with a qualified employment law attorney or law office.

• Does a misdemeanor show up on a background check after 7 years in El Paso Texas? Yes, misdemeanors continue appearing on background checks after 7 years in El Paso even when dismissed. The only way to delete an eligible misdemeanor record in El Paso is by Expunction.

• What is required for expungement in El Paso Texas? Expunction eligible offenses include dismissed charges and criminal cases resolved by Deferred Disposition and pretrial diversion. There is a 180 day waiting period for class C misdemeanors, a 1 year waiting period for class A and class B misdemeanors, and a 3 year waiting period for felonies. Certain charges require expiration of the Statute of Limitations. A person must then file a verified Petition for Expunction that comports with Texas Law.

HOW LONG DOES A DISMISSED MISDEMEANOR STAY ON YOUR RECORD IN EL PASO TEXAS?

A dismissed misdemeanor remains permanently on criminal records in El Paso and does not automatically disappear from criminal background checks. The only way to remove dismissed misdemeanor court records in El Paso is by Expunction.

• Do dismissed charges show on background check El Paso Texas? Yes, dismissed charges appear permanently on background checks in El Paso unless they are expunged. This includes common but potentially devastating class C misdemeanor offenses. Individuals with dismissed criminal charges should consult an experienced expungement lawyer to explore record clearing eligibility.

• How do I get an expungement in El Paso Texas? A person can get an expungement in El Paso by preparing and filing a Petition for Expunction in accordance with chapter 55 of the Texas Code of Criminal Procedure. This is a complex civil process requiring litigation experience including an understanding of law and evidence and should therefore be handled by skilled legal professionals in El Paso. Learn more.

CAN I BUY A GUN WITH A EXPUNGED RECORD EL PASO TEXAS?

Yes, Texans can purchase guns following an Expunction in El Paso as long as they have no other disqualifying factors like protective orders. However, a deficient Expunction can result in a continued suspension of gun rights which is why people should ensure they retain experienced legal assistance from a reputable law firm in this matter. Learn more.

• Can you pass a background check with a misdemeanor in El Paso Texas? Misdemeanor offenses will appear on criminal background checks in El Paso unless they are expunged. El Paso companies and entities employ varying policies when it comes to evaluating candidates with misdemeanor records.

• Can I own a gun after Felony expungement in El Paso Texas? Yes a person can own a gun after expunging a felony in El Paso so long as they have no other disqualifying factor, such as felony domestic violence convictions. An incomplete expungement can result in a continued suspension of second amendment rights however. Learn more.

HOW FAR BACK DOES A FBI BACKGROUND CHECK GO IN EL PASO TEXAS?

FBI background checks review the entirety of a candidate’s criminal records in El Paso. This means even 30 year or older cases will appear on this background check.

• Do felonies show up after 7 years in El Paso Texas? Yes, felonies will continue to appear on criminal records after 7 years in El Paso even when they are dismissed. The only way to remove a criminal record in El Paso is by Expunction.

• How do you get  a dismissed case expunged in El Paso Texas? A person can expunge a dismissed case in El Paso by filing and pursuing a Petition for Expunction in accordance with chapter 55 of the Texas Code of Criminal Procedure. This is a complex and nuanced process that should ideally be handled by trained legal professionals. Learn more.

WHO QUALIFIES FOR EXPUNGEMENT IN EL PASO TEXAS?

Individuals with dismissed criminal cases and those who resolved their charges by Deferred Disposition or pretrial diversion qualify for expungement in El Paso. Additionally, criminal defendants who are acquitted in trial also qualify for expungement in El Paso. Learn more.

• Can police see expunged records in El Paso Texas? No, police are unable to view criminal charges that have been properly expunged in El Paso. However, an incomplete or deficient Expunction can result in charges continuing to appear on police records. This can lead to prolonged or pretextual investigative detentions in some cases which is why it’s critical to seek experienced legal representation when seeking an Expunction in El Paso.

• How long does a felony stay on your record in El Paso Texas? Felonies remain permanently on criminal records in Texas even when they are dismissed. The only way to clear a criminal record in El Paso is by Expunction.

EXPUNGEMENT LAWYER IN EL PASO | EL PASO COUNTY, TEXAS

Trey Porter Law represents individuals seeking to expunge criminal records in El Paso and El Paso County, as well as the surrounding areas of Socorro, Van Horn, Marfa, Alpine, Pecos, and Fort Stockton.

Trey Porter Law stands up for the citizen accused. From students to teachers, veterans to first responders, and professionals across varied industries and disciplines, TPL brings a results-oriented & client-focused approach to solving complex problems.

Trey Porter is a Texas SuperLawyer, nationally recognized as a dynamic advocate in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.