HOW MUCH DOES AN EXPUNGEMENT COST IN THE WOODLANDS TEXAS?
An expungement in The Woodlands costs up to approximately $5000, a sum which often includes attorney’s fees. The price can change depending on the amount and severity of cases sought to be expunged, in addition to the number of law enforcement agencies requiring service. Expungement is an extensive procedure meriting the dedicated attention of a qualified Expunction attorney in The Woodlands.
- How long do you have to wait to get your record expunged in The Woodlands Texas? There is a 180 day waiting period for expunging a class C misdemeanor, and a 1 year waiting period for both class A and class B misdemeanors. Felonies require a 3 year waiting period though some cases require expiration of the Statute of Limitations prior to Expunction.
- Who is eligible for expungement in The Woodlands Texas? People with criminal charges that are dismissed without probation are eligible for expungement in The Woodlands. Individuals who resolved their cases through deferred disposition, pretrial diversion, and through specialty court programs are similarly able to expunge all records of the offense. Some felonies require expiration of the Statute of Limitations prior to expunction, which will deny expungement of some serious felonies with no limitations, like murder, depending on the circumstance of the dismissal.
WHAT CANNOT BE EXPUNGED IN THE WOODLANDS TEXAS?
Criminal convictions and cases resolved through Deferred Adjudication probation cannot be expunged in The Woodlands. Some of these cases may qualify for a sealing of all public records through a nondisclosure order. Additionally some serious felonies require expiration of the Statute of Limitations, prior to Expunction, which may prevent expungement in certain cases.
- Can I file my own expungement in The Woodlands? A person seeking to expunge a criminal record in The Woodlands should not file their own expungement. The Expunction process is complex and the consequences of an incomplete expungement are disastrous. For example, a deficient Expunction can jeopardize employment and professional licensing as well as admission into the military. Individuals wanting to clean their record should consult an experienced Expunction lawyer in The Woodlands.
- Can police see expunged records in The Woodlands Texas? No, police are not able to see properly expunged criminal records in The Woodlands. However, a deficient expungement may appear on police background checks. This is why it is imperative to seek qualified guidance from a knowledgeable expungement attorney in The Woodlands.
DOES CRIMINAL RECORD CLEAR AFTER 7 YEARS IN THE WOODLANDS TEXAS?
A criminal record does not clear after 7 years in The Woodlands. Criminal records are permanent and do not ever clear automatically, even when involving dismissed cases. The only way to clear a criminal record in The Woodlands is by Expunction.
- What misdemeanors cannot be expunged in The Woodlands Texas? Misdemeanor convictions and those resolved through Deferred Adjudication do not qualify for expungement in The Woodlands though some cases may be publicly sealed by a nondisclosure order. However, class C misdemeanors resolved by Deferred Disposition are eligible for Expunction in The Woodlands.
- Can you answer no if your record is expunged in The Woodlands Texas? Yes, a person can answer “no” and deny the existence of an expunged charge in response to a criminal history questionnaire. An improperly expunged case may still appear on a background check though so it is critical to be well-informed and guided by a qualified law firm in the expungement process. Learn more.
WHAT ARE THE BENEFITS OF EXPUNGEMENT IN THE WOODLANDS TEXAS?
There are countless benefits to expunging a criminal charge, including being able to legally deny the existence of an expunged case on job and licensing applications. Indeed, an Expunction can save a person the embarrassment of explaining a criminal history in an employment interview. An expungement can also help avoid pretext investigations by police officers curious about a person’s criminal history. Expunction can also help litigants in family law, child custody, and adoption contexts.
- Can FBI see expunged records in The Woodland Texas? The FBI is unable to view properly expunged criminal records in The Woodlands. However, an incomplete Expunction will result in a criminal charge appearing on an FBI background check.
- Can you buy a gun after expungement in The Woodlands Texas? Yes, a properly expunged criminal charge will not affect a person’s ability to purchase a gun in The Woodlands. This is, of course, provided that the person has no other firearm restrictions on his record. Learn more.
WHAT ARE THE RULES FOR EXPUNGEMENT IN THE WOODLANDS TEXAS?
The rules and procedures for Expunction are found in Chapter 55 of the Texas Code of Criminal Procedure. This statute is under constant litigation in Texas which results in an incessant change of rules and eligibility. A person seeking further guidance in this complex process should consult an experienced expungement lawyer.
- Do expunged records show up on fingerprinting The Woodlands Texas? Properly expunged criminal records do not show up on fingerprint background checks in The Woodlands. A deficient Expunction, though, can result in cases remaining on criminal records in The Woodlands.
- How long do misdemeanors stay on your record in The Woodlands Texas? Misdemeanors stay permanently on criminal records in The Woodlands, even when all charges are dismissed. The only way to remove a misdemeanor from criminal records in The Woodlands is by Expunction.
DO I NEED TO EXPUNGE DISMISSED CHARGE THE WOODLANDS TEXAS?
Dismissed criminal charges in The Woodlands should be expunged as soon as eligible as they will otherwise remain permanently on criminal records. Employers can screen job applicants based on dismissed charges and require prospects to provide relevant court documents and arrest information. A dismissed charge can also lead to a prolonged and pretext police officer detention and field sobriety test.
- How far back does background check go in The Woodlands Texas? A background check in The Woodlands will assess the entirety of a person’s criminal record as opposed to merely cases within the past few years, for example. Individual employers may only care about recent cases but this practice will vary among the community.
- What is the difference between expungement and Expunction in The Woodlands? There is no functional difference between these terms and they are used interchangeably to describe the process for removing charges from a person’s criminal record in The Woodlands. The Texas Code of Criminal Procedure does refer to this procedure as Expunction.
WILL A SEALED RECORD SHOW UP ON A BACKGROUND CHECK IN THE WOODLANDS TEXAS?
Records sealed pursuant to a nondisclosure order are still present but will not appear on public background record checks. Sealed records will appear in law enforcement background checks and are also visible to several state agencies regulating professional occupations such as the State Bar of Texas and the Texas Medical Board. Texas Government Code section 411.0765 lists all the agencies that may access sealed records.
- Can a misdemeanor conviction be expunged in The Woodlands Texas? No, a misdemeanor conviction does not qualify for an Expunction in The Woodlands. However, certain misdemeanor convictions are eligible for record sealing by a nondisclosure order. Eligibility questions should be directed to an experienced expungement lawyer in The Woodlands.
WHAT CRIMES ARE NOT ELIGIBLE FOR EXPUNGEMENT IN THE WOODLANDS TEXAS?
Crimes resulting in a conviction are not eligible for expungement in The Woodlands. Additionally, Expunction often requires expiration of the Statute of Limitations. This means certain serious felonies with no Statute of Limitations, like murder, may not qualify for expungement depending on the reasoning for the dismissal.
- How long do felonies stay on your record in The Woodlands Texas? Felonies stay permanently on criminal records in The Woodlands, even when dismissed. Felonies never disappear automatically as this is an unfortunate misconception. The only way to remove a felony is by expunction.
- Do misdemeanors show up on background checks in The Woodlands Texas? Yes, misdemeanor offenses will appear on background checks in The Woodlands, including class C misdemeanor arrests. For example, a Misdemeanor DWI charge is visible to law enforcement in Montgomery County, Harris County, Liberty County, Fort Bend County, and to the district attorney. Learn more.
HOW LONG DOES IT TAKE TO EXPUNGE A MISDEMEANOR IN THE WOODLANDS TEXAS?
It can take approximately 3 to 6 months to fully expunge a misdemeanor in The Woodlands. This delay is primarily due to busy court dockets as well as governmental and law enforcement processing times.
- What shows up on a Texas background check? Criminal arrests and convictions will show up on a background check in Texas. These records are permanent even when a charge is dismissed. The only way to remove a dismissed charge in Texas is by Expunction.
- Can you check your criminal record in Texas? The most accurate way for a person to check their criminal record is by requesting a background check at their county’s sheriff’s office, including a fingerprint check.
HOW LONG DOES IT TAKE FOR AN EXPUNGEMENT TO PROCESS IN THE WOODLANDS TEXAS?
It takes approximately 3 to 6 months for an Expunction to fully process through the system and for a criminal record to be deleted. This delay is primarily due to court dockets and administrative processing times in governmental and law enforcement agencies.
- Do I qualify for Expunction in The Woodlands Texas? A person with criminal charges dismissed without probation generally qualifies for Expunction in The Woodlands. However, this is a complex legal process so those seeking to expunge a case should best consult an experienced expungement lawyer.
- Does a misdemeanor show up on a background check after 7 years in The Woodlands Texas? Yes, a misdemeanor charge will show up on a criminal background check after 7 years in The Woodlands. Misdemeanors are permanent on criminal records even when dismissed. The only way to remove a misdemeanor dismissal in The Woodlands is by Expunction. Learn more.
DO FELONIES SHOW UP AFTER 7 YEARS IN THE WOODLANDS TEXAS?
Yes, a felony charge will still appear on a criminal background check after 7 years in The Woodlands. Felony charges will appear permanently on criminal records even when dismissed. Expunction is the only process to clear dismissed felony charges in The Woodlands.
- Will my expunged record show up on a background check in The Woodlands Texas? No, a properly expunged criminal record will not show up on a background check in The Woodlands. However, a faulty Expunction can result in cases remaining on criminal records.
- How long before a felony can be expunged in The Woodlands Texas? There is a 3 year waiting period before a felony can be expunged in The Woodlands. Additionally, expiration of the Statute of Limitations is required in some situations. This means certain serious felonies with no limitations, like Murder, may not qualify for expungement depending on the circumstances of the dismissal. There is no waiting period to expunge a felony acquittal.
WILL A FELONY SHOW UP ON A BACKGROUND CHECK AFTER 10 YEARS IN THE WOODLANDS?
Yes, a felony will appear on a background check after 10 years in The Woodlands. Felony charges do not disappear and will appear permanently on criminal records even when dismissed. The only way to remove a felony dismissal from a criminal record in The Woodlands is by Expunction.
- How long do criminal records last in The Woodlands Texas? Criminal records are permanent in The Woodlands and cases do not fall off even when they are dismissed. A person must pursue Expunction to delete qualifying criminal cases from their records.
- Do felonies stay on your record forever in The Woodlands Texas? Yes, felonies stay permanently on criminal records in The Woodlands even when dismissed. The only way to remove a dismissed felony charge is by Expunction.
HOW LONG DOES IT TAKE FOR A MISDEMEANOR TO FALL OFF YOUR RECORD IN THE WOODLANDS TEXAS?
A misdemeanor will never fall off a criminal record automatically in The Woodlands even when the case is dismissed. A person seeking to remove a dismissed misdemeanor from their record can only do so by Expunction.
- How much does it cost to remove a misdemeanor in The Woodlands Texas? It can cost up to approximately $5000 to expunge a misdemeanor in The Woodlands. However, this fee varies depending on the amount of misdemeanors sought to be expunged and the number of agencies requiring service. There are several law offices that are board certified in this practice area that can provide further guidance.
- Do I need a lawyer for expungement in The Woodlands Texas? Yes, a person seeking expungement in The Woodlands should retain the assistance of a qualified Expunction lawyer. This is a complex process and the consequences of a deficit expungement are severe. A potential expungement petitioner should contact qualified counsel, many of whom offer video consultations in addition to law office case reviews.
WHAT OFFENSES CAN BE EXPUNGED IN THE WOODLANDS TEXAS?
Criminal offenses that are dismissed without community supervision probation can be expunged in The Woodlands, including property crimes and DWI charges. Charges that are resolved by pretrial diversion or Deferred Disposition are also eligible for Expunction. Cases resolved by Deferred Adjudication, while not eligible for expungement, can be sealed by an order of nondisclosure.
- How long does a misdemeanor stay on your record in The Woodlands Texas? Misdemeanors stay permanently on criminal records in The Woodlands even when dismissed. The only way to remove a misdemeanor from a criminal record is by Expunction.
- Can an assault charge be expunged in The Woodlands Texas? Yes, an assault charge that is dismissed without probation can be expunged in The Woodlands. This includes felony assault charges and felony acquittals.
HOW CAN I GET MY RECORD EXPUNGED IN THE WOODLANDS TEXAS FOR FREE?
Indigent individuals in The Woodlands may qualify for a free expunction though they are usually required to fill out an affidavit of inability to pay costs before a waiver of the filing fee. Those seeking further details should contact the Montgomery County District Clerk’s Office and the Montgomery County Clerk’s Office.
- How long does it take to get a felony expunged in The Woodlands Texas? It takes approximately 3 to 6 months for a felony to be completely expunged in The Woodlands Texas. This time period is primarily a product of logistical court docket and governmental agency administrative delay.
- Do arrests without conviction show up on a background check in The Woodlands Texas? Yes, arrests show up on criminal background checks in The Woodlands even when dismissed with no final conviction. This includes a potentially devastating class C misdemeanor or DWI arrest. A person can clear dismissed criminal arrests by seeking expungement in The Woodlands.
WHAT CONVICTIONS CANNOT BE EXPUNGED IN THE WOODLANDS TEXAS?
All criminal convictions are ineligible for expungement in The Woodlands, including DWI conviction. Only criminal cases resulting in dismissals with no probation qualify for Expunction of the arrest and court record in Texas.
- What felony can be expunged in The Woodlands Texas? Felony cases that are dismissed without probation can be expunged in The Woodlands, including felony DWI. However, some cases require expiration of the Statute of Limitations. This means certain severe felonies with no limitations, like Murder, may not qualify for expungement depending on the circumstances of dismissal. However, even a Murder charge and white collar crime felonies qualify for immediate Expunction upon acquittal.
EXPUNGEMENT LAWYER IN THE WOODLANDS | MONTGOMERY COUNTY, TEXAS
Trey Porter Law represents individuals seeking to expunge criminal records in The Woodlands and Montgomery County, as well as the surrounding areas of Spring, Conroe, Katy, Sugar Land, Bellaire, West University Place, and Houston.
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.
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Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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