South Padre Island Expungement Lawyer

HOW MUCH DOES IT COST TO GET YOUR RECORD EXPUNGED IN SOUTH PADRE ISLAND TEXAS?

It costs up to approximately $5,000 to get a criminal record expunged in South Padre Island. Total expungement costs can vary, however, depending on the classification and quantity of cases to be expunged as well as the number of law enforcement agencies requiring service of process. 

• What crimes cannot be expunged in South Padre Island Texas? Criminal convictions and cases resolved by Deferred Adjudication and community supervision probation cannot be expunged in South Padre Island. Additionally, certain high-level felonies with no Statute of Limitations, like Murder, are also often ineligible for Expunction depending on the reasons for their dismissal.

• Can I expunge my record myself in South Padre Island Texas? A person can pursue their own pro se expungement in South Padre Island if they are so willing. It is recommended that a person retain the services of an experienced Expunction attorney as the expungement process is complex. A deficient expungement can lead to severe consequences like job loss, pretext police officer investigations, and continued suspension of Second Amendment rights in some cases. Learn more.

WILL MY EXPUNGED RECORD SHOW UP ON A BACKGROUND CHECK IN SOUTH PADRE ISLAND TEXAS?

A properly expunged record will not show up on a criminal background check in South Padre Island. This includes charges for no insurance car accidents. However, improperly expunged records may continue to appear on background checks in South Padre Island. This is one major reason it is critical to retain an experienced expungement lawyer when seeking to clear a record in Texas. Learn more.

• How long does it take for an expungement to process in South Padre Island Texas? It takes approximately 3 to 6 months for an expungement to process and for a record to be fully expunged in South Padre Island. This time period is typical due to busy court dockets, the delay in getting a hearing, and logistical processing times in a law enforcement or government agency.

• How can I get my record expunged in South Padre Island for free? Certain indigent individuals can obtain a no-fee expungement by executing an Affidavit of Inability to Pay Costs with the Cameron County District Clerk, or in the pertinent court. Defendants who are acquitted following a criminal trial may also petition for a free expungement. Learn more.

WHO QUALIFIES FOR EXPUNGEMENT IN SOUTH PADRE ISLAND TEXAS?

Individuals with criminal charges that were dismissed with no probation generally qualify for expungement in South Padre Island. Those who resolve their charges by pretrial diversion or Deferred Disposition in South Padre Island also qualify for expungement.

• What is required for expungement in South Padre Island Texas? Typically only charges that are dismissed without probation, and those resolved by Deferred Disposition and pretrial diversion will qualify for expungement in South Padre Island. A person seeking to expunge an eligible charge will need to prepare and file a Petition for Expunction that lists the relevant law enforcement agencies. The petition should be notarized, comport with chapter 55 of the Texas Code of Criminal Procedure, and be filed in district court or the appropriate jurisdiction.

• Do felonies go away after 7 years in South Padre Island Texas? Felonies do not go away after 7 years in South Padre Island. Felonies do not ever go away automatically. Even dismissed felony charges will remain permanently on criminal records in Texas unless they are expunged. The only way to clear a felony record in South Padre Island is by Expunction.

HOW LONG AFTER A FELONY CAN YOU GET IT EXPUNGED IN SOUTH PADRE ISLAND TEXAS?

A person can immediately expunge a felony after acquittal or successful completion of a pretrial diversion program in South Padre Island. There is otherwise a minimum 3 year waiting period for felony expungement in Texas. Some cases additionally require expiration of the felony offense’s Statute of Limitations prior to expungement.

• Can FBI see expunged records in South Padre Island Texas No, the FBI cannot see properly expunged records in South Padre Island as expungement destroys all records of a charge. However, improperly expunged criminal offenses may still appear on an FBI background check. It is therefore imperative that a person retain the assistance of an experienced Expunction lawyer when seeking to expunge a charge in Texas. Learn more.

• What is the difference between expungement and Expunction in South Padre Island Texas? There is no real distinction between expungement and Expunction in South Padre Island as both these words are used interchangeably to refer to the same process of clearing a criminal record in Texas. Formally speaking however, the Texas Code of Criminal Procedure does officially refer to this process as Expunction.

HOW FAR DOES A BACKGROUND CHECK GO IN SOUTH PADRE ISLAND TEXAS?

A background check can review the entire criminal history of an individual in South Padre Island. This means charges older than 30 years can appear on a criminal background check in South Padre Island. However, expunged criminal records will not appear on a South Padre Island background check.

• How does expungement work in South Padre Island Texas? Expungement is a legal process that is initiated by filing a Petition for Expunction. This petition will identify the petitioner and list the charges for expunction as well as the agencies believed to possess the relevant criminal records. These agencies must be notified of the Expunction hearing where the judge ultimately decides whether to grant the expungement. Learn more.

• What misdemeanors cannot be expunged in South Padre Island Texas? Misdemeanor convictions and those resolved by either Deferred Adjudication or community supervision probation are not eligible for expungement in South Padre Island. However, certain minor, first-time misdemeanor convictions and probation cases, including certain DWI charges, may qualify for record sealing by nondisclosure.

CAN YOU BUY A GUN AFTER EXPUNGEMENT IN SOUTH PADRE ISLAND TEXAS?

Yes, a person can buy a gun after expungement in South Padre Island if they have no separate disqualifying factors such as domestic violence conviction or family violence protective order. However, an improper expunction can result in continued suspension of Second Amendment rights in Texas. Learn more.

• What is the Texas 7 year rule? There is no rule in Texas where criminal charges automatically go away after 7 years. Criminal records in Texas are permanent unless they are expunged. This includes dismissals and acquittals. The only way to clear a criminal record in Texas is by Expunction.

• Can local police see expunged records in South Padre Island? Local police cannot see properly expunged records in South Padre Island. However, improperly expunged records are known to remain in local law enforcement archives and can result in prolonged, pretextual investigations by a police officer. A person seeking to expunge a record in South Padre Island should ensure the assistance of an experienced expungement lawyer to avoid these consequences.

DO YOU HAVE TO DISCLOSE EXPUNGED RECORDS IN SOUTH PADRE ISLAND TEXAS?

No, a person does not have to disclose an expunged criminal record during an employment screening or general background inquiry in South Padre Island. This is an incredible benefit of expungement in Texas. Those seeking a promotion or career switch in South Padre Island should make sure to consult an experienced expungement lawyer prior to beginning this process.

• Do arrests without conviction show up on background check in South Padre Island Texas? Yes, arrests appear on criminal background checks in South Padre Island even when charges are dismissed or never filed. Additionally, arrests do not EVER automatically disappear from a person’s criminal record. The only way to clear an arrest record in Texas is by Expunction.

• How long does a felony stay on your record for a background check in South Padre Island Texas? Felony records remain permanently on criminal background checks in South Padre Island even when dismissed. The only way to clear an eligible felony record in Texas is by Expunction.

WHAT SHOWS UP ON TEXAS BACKGROUND CHECK?

Criminal convictions, probation records, judicial reprimands, jail sentences, offense reductions, and even dismissals appear on background checks in Texas. A person can remove all these events by pursuing an expungement. Expungement is a powerful legal tool that removes all records of an eligible offense from a person’s criminal background.

• Can I seal my criminal record in South Padre Island Texas? Yes, a person can seal an eligible criminal record in South Padre Island by obtaining an order of nondisclosure. Many cases resolved by Deferred Adjudication and even certain misdemeanor convictions will qualify for a nondisclosure order. Individuals seeking to seal a criminal record should consult an experienced South Padre Island expungement lawyer to discuss eligibility.

• How long does a misdemeanor stay on your record in South Padre Island Texas? Misdemeanors stay permanently on criminal records in South Padre Island unless they are expunged. Even a misdemeanor dismissal will appear on a criminal background check as they do not ever automatically go away. The only way to remove a misdemeanor record in Texas is by expungement. Learn more.

HOW MUCH DOES IT COST TO EXPUNGE A MISDEMEANOR IN SOUTH PADRE ISLAND TEXAS?

It costs up to approximately $5,000 to expunge a misdemeanor record in South Padre Island. Ultimate fees vary depending on the quantity of cases for expungement and the number of law enforcement agencies involved in the suit.

• Can you pass a background check with a misdemeanor in South Padre Island Texas? Misdemeanors will appear on a criminal background check in South Padre Island. Whether a misdemeanor record is acceptable depends on an individual agency’s criminal history policy. Certain entities may not be overly concerned by simple misdemeanors while others may reject a candidate due to numerous speeding violations, especially those concerned about car accidents.

• Do I need a lawyer for expungement in South Padre Island Texas? Yes, a person should retain a lawyer when seeking to expunge a criminal record in South Padre Island. This is because expungement is a complex process and the consequences of a deficient expungement are devastating. Individuals can lose their careers and be subject to pretextual police detentions due to deficient expungements. Expungement requires knowledge of the legal system and is ideally handled by an experienced expungement lawyer and law office  in Texas. Learn more.

DO EXPUNGED RECORDS SHOW UP ON FINGERPRINTING TEXAS?

Properly expunged records do not show up on a fingerprint background check in Texas. This is because expungement destroys all records of a criminal offense. However, an improperly expunged case may still appear on a fingerprint background check, which is why it is critical to retain an experienced Expunction lawyer when seeking to expunge a charge in Texas. Learn more.

• Will a sealed record show up on a background check South Padre Island Texas? A record sealed by nondisclosure order will not appear on a public background check conducted by a private entity like a private employer. However, law enforcement and certain government agencies can still access records sealed by nondisclosure. These records are additionally accessible to state agencies that regulate certain professional occupations like the State Bar of Texas and the Texas Medical Board. A full list of these agencies is contained in Texas Government Code section 411.0765.

• Does a felony ever go away in South Padre Island Texas? Felonies do not ever automatically go away or disappear from a person’s record in South Padre Island. Even a dismissed felony charge will remain permanently on a person’s criminal history unless it is expunged. The only mechanism to remove an eligible felony record in Texas is Expunction.

CAN I EXPUNGE MY SELF IN TEXAS?

Individuals in Texas may pursue their own expungements without the assistance of a lawyer. However, this is not recommended as expungement requires an understanding of civil procedure, local court rules, and the criminal justice system across wide swaths of the state, including San Antonio, Fort Worth, and Plano. Additionally, a deficient expungement can result in catastrophic consequences like a ruined professional career. Expungement is best handled by a qualified law firm  in Texas.

• What convictions cannot be expunged in South Padre Island Texas? Criminal convictions do not qualify for expungement in South Padre Island unless they are vacated on appeal and subsequently dismissed or are subject to a governor’s pardon. However, certain misdemeanor conviction cases may qualify for record sealing by nondisclosure.

• Does a misdemeanor show up on a background check after 7 years in South Padre Island Texas? Yes, a misdemeanor does show up on a background check after 7 years in South Padre Island. Misdemeanor records do not ever automatically disappear from background checks in Texas. Even a dismissed misdemeanor will appear permanently on a criminal record unless expunged. The only way to remove a misdemeanor record from a background check in Texas is by Expunction.

WHAT CAN GET EXPUNGED IN SOUTH PADRE ISLAND TEXAS?

Criminal charges that are dismissed without probation can get expunged in South Padre Island. Offenses resolved by pretrial diversion and Deferred Disposition also qualify for expungement.

• What are the benefits of expungement in South Padre Island Texas? Expungement is a powerful legal tool that destroys all records of a criminal charge in South Padre Island. Additionally, a person has no requirement to disclose an expunged charge during a job interview or general background inquiry in Texas. This is an invaluable advantage for those seeking to advance their professional careers, for citizens and noncitizens to obtain work or travel visas, and for litigants in family law cases, including child support and adoption.

• How do I file for expungement in South Padre Island Texas? An expungement is initiated by filing a verified Petition for Expunction with the Cameron County District Clerk, or in the pertinent court. The petition should identify the relevant law enforcement and government agencies and otherwise comport with chapter 55 of the Texas Code of Criminal Procedure. Filing an expungement requires knowledge of civil procedure and local district court rules and is thus best left to the hands of an experienced Expunction attorney in Texas. Learn more.

HOW LONG DO MISDEMEANOR SHOW UP ON A BACKGROUND CHECK IN SOUTH PADRE ISLAND TEXAS?

Misdemeanors appear permanently on criminal background checks in South Padre Island unless they are expunged. Misdemeanors do not ever automatically disappear, even when they are dismissed. This includes Minor in Possession of alcohol, DWI charges, drug possession charges, and Open Container and glass container on beach violations.  The only way to clear a misdemeanor record in Texas is by expungement.

• Can class B misdemeanor be expunged in Texas? Yes, a class B misdemeanor can be expunged in Texas if it is dismissed without probation or resolved by pretrial diversion. The same is true for class A and class C misdemeanors. Importantly, both class A and class B misdemeanors can be expunged if they are reduced to a class C misdemeanor level and successfully resolved by Deferred Disposition in Texas. This applies in Cameron County just like it does in Denton County and Collin County.

• Will I pass a background check with a misdemeanor in South Padre Island Texas?  Misdemeanors do appear on criminal background checks in South Padre Island. However, policies concerning misdemeanor records will naturally vary across the community.

HOW DO YOU GET A MISDEMEANOR EXPUNGED IN SOUTH PADRE ISLAND TEXAS?

Misdemeanor expungement requires the filing of a Petition for Expunction in district court or in the pertinent court. This is a legal procedure involving identifying and serving notice to a number of law enforcement agencies as well as presenting admissible evidence in court. The expungement process is complex and should be handled by an experienced misdemeanor expungement lawyer in South Padre Island.

• Do I need to expunge a dismissed charge in South Padre Island? Yes, a dismissed charge must be expunged or it will continue to appear on a person’s criminal record in South Padre Island. A dismissal does not ever automatically remove a criminal offense from a person’s record. The only way to remove a criminal dismissal in Texas is by Expunction. Learn more.

EXPUNGEMENT LAWYER IN SOUTH PADRE ISLAND| CAMERON COUNTY, TEXAS

Trey Porter Law represents individuals seeking to expunge criminal records in South Padre Island and Cameron County, as well as the surrounding areas of Brownsville, Los Fresnos, Harlingen, Weslaco, San Benito, Corpus Christi, Port Aransas, Rockwall, Edinburg, Pharr, McAllen, Sharyland, and Mission.

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.