Houston Expungement Lawyer

Houston Expungement Attorney

Having a permanent criminal record in Houston can be a massive burden. After undergoing required background checks, the results can leave you with limited options for housing and employment opportunities alike. Now is not the time to let a past mistake haunt you for the rest of your life. Depending on the nature of your charge, you may be eligible to seek an expunction, or a clearing of your record. A Houston expungement lawyer can provide strong legal support in doing so.

Surginer Stewart PLLC: Your Knowledgeable Houston Expungement Lawyers

At Surginer Stewart PLLC, our attorneys have over 30 years of combined experience in expungement cases. We have helped many people just like you renew their lives after a criminal conviction. We understand the inner workings of the Harris County court system and can put that knowledge to use in your case. From West University Place to Humble, we can be your criminal defense team and take on whatever your case might involve.

In limited situations, Texas does allow people to clear or seal their criminal records. This can be done either through expunction (another term for expungement) or a non-disclosure order. However, the conditions under which an individual is eligible for either of these legal actions can be confusing. That is why you should only attempt such measures with the guidance of a seasoned and dedicated expungement attorney. At Surginer Stewart PLLC, we can work hard to achieve your expungement.

Understanding Expungement in Houston

No one is immune from making mistakes at some point in their lifetime. Maybe you were simply just at the wrong place at the wrong time. As a result, you were arrested, charged with a crime, and possibly even convicted. Even while crime in Houston has decreased by 4.36% in recent years, mistakes and subsequent arrests still happen every day.

Unfortunately, many convictions cannot be removed from your criminal record. However, in certain circumstances, you could expunge information regarding your arrest, charge, or conviction.

When you seek an expungement in Texas, certain facts regarding the entire case can be removed from your record. That way, you can achieve the ability to deny that the incident ever took place. However, only certain records are eligible for expunction in Texas, including:

• A criminal charge that was dismissed
• An arrest for a crime that was never actually charged
• Certain misdemeanor offenses for juvenile offenders
• Certain alcohol-related offenses for minor offenders
• A conviction for a crime that was acquitted by a trial court or under the Criminal Court of Appeals
• A conviction that was pardoned by either the Governor of Texas or the President of the United States
• A conviction for failing to attend school as a minor
• An arrest, charge, or criminal conviction due to identity theft, which was committed by an offender who was actually charged for the crime itself

However, just because your record might qualify for expunction, this does not mean the courts will automatically grant it. In most cases, the courts will not grant an expunction if your case involves the following circumstances:

• You suffer an adjudication.
• You are on probation.
• You have been convicted of a felony within a certain time frame, for which you are now seeking expungement.
• The offense you are hoping to expunge was part of what is known as a “criminal episode.”
• Charges are currently pending against you for a different crime.

Seeking a Texas Non-Disclosure Order

Unless your original case was dismissed or you were acquitted, having your charges expunged will likely not be an option for you. Your next step, therefore, might be to seek a petition for non-disclosure.

This can prohibit court officials and law enforcement from disclosing your criminal record to certain third parties, such as potential employers, landlords, and creditors. While these crimes would not be erased from your record, they would be hidden from public view.

Most crimes will have a waiting period involved that must first be fulfilled before you can file for non-disclosure. Minor misdemeanor crimes typically do not have this waiting period, and you can petition for an order as soon as the deferred judgment has been both discharged and dismissed.

However, more serious charges, like domestic violence, have a lengthy waiting period, as do most felonies. Certain felonies are not eligible for non-disclosure orders, including:

• Abandoning or endangering a child
• Aggravated kidnapping, for which Texas has some of the highest rates in the nation
• Murder and capital murder
• Sex offenses that require mandatory sexual offender registration
• Stalking
• Violating a protective order

If you may be eligible for a non-disclosure order, it is vital that you reach out to the attorneys at Surginer Stewart PLLC. Our firm can determine your eligibility and fight for your rights.

Why Hire an Expungement Lawyer From Surginer Stewart PLLC?

At Surginer Stewart PLLC, we can help you get started fresh after facing a criminal arrest or charge. However, it can be difficult to do so, depending on the circumstances of your expungement case. When you trust Surginer Stewart PLLC with an expunction or a non-disclosure order case, we can take the following steps:

• Determine your eligibility: First, it is vital that we start by reviewing your case. This allows us to determine if you are eligible for either an expunction or a non-disclosure order under the Houston expungement laws.
• Gather documentation: If we find that you are eligible, we can then begin collecting the necessary forms of documentation, which the courts will require you to provide.
• File a petition: We can then help you file your formal petition that will request the courts to expunge your record. Keep in mind that the petition must be filed with the court in the county where your original case was heard.
• Address any issues: The state prosecutor’s office can then voice any objection to your petition. During this time, the team at Surginer Stewart PLLC can prepare to defend your request, should the need arise.
• Attend a hearing: Lastly, the court may decide to set a hearing for your expunction. During this hearing, your attorney can present evidence and legal arguments in support of your case for expunction.

At Surginer Stewart PLLC, we understand that you might be feeling nervous when considering an expungement or record sealing. We understand what is at stake in these cases, so we can keep you informed and supported throughout your entire case.

FAQs

Q: How Much Does It Cost to Expunge Your Record in Houston?

A: In Houston, there are usually two different costs associated with an expunction of your criminal record: the filing fee and the attorney fee. The filing fee will be based on the fee that is charged for most civil cases in Texas, and it can vary from county to county. You will also likely have attorney fees to pay, which can impact the overall costs of your case. However, an attorney can make sure the case goes right the first time.

Q: What Are the Benefits of Expunction or Non-Disclosure in Texas?

A: There are several benefits to expunging your criminal record or seeking a non-disclosure order in Texas. Having a criminal record can keep you from gaining necessary employment. Nearly 30% of felons are unemployed as they reenter society. A criminal record can also prevent you from getting into certain schools, and it can tarnish your reputation for years to come.

Q: Can Juvenile Offenses Be Expunged in Texas?

A: Part of youth is making mistakes, so certain juvenile offenses are eligible for expunction. Typically, offenses against the Texas Alcoholic Beverage Code are easily expunged, as are offenses like the failure to attend school and certain misdemeanor crimes. However, having an attorney is vital to the success of these expungement requests.

Q: What Is the Court Process for Expunction?

A: In Harris County, the court process for possible expunction is similar to that of anywhere else in Texas. Once the courts receive your official petition, they can set a hearing date and let all the necessary parties know. These parties, otherwise known as respondents, can express whether they agree with the possible expunction. If they do not, they can state their desire to fight against it.

Consult a Trusted Houston Expungement Lawyer Today

If you are hoping to pursue the sealing or expunction of your criminal record in Houston, the team at Surginer Stewart PLLC can support you throughout the process. With a long-standing history of success, we can determine if you are eligible for expunction. If you are, we can then assist you in filling out and filing the official petition for either expunction or non-disclosure.

At Surginer Stewart PLLC, we are passionate about helping our clients start fresh and take ownership of the future they deserve. We approach every case with dedication, and our team can provide you with the legal care and counsel you deserve. Contact our offices today to schedule your consultation.