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Collin County Expunction Lawyers

A criminal record can have consequences that follow a person for years, even if an arrest doesn’t lead to criminal charges or criminal charges are dismissed or result in a finding of not guilty. Fortunately, the law in Texas allows someone who has been arrested or charged with a crime but was not convicted of that crime to eliminate that arrest or charge from their record in a process known as expunction. Many people believe that it is possible to expunge a conviction, but that is not the case. In some cases, it is possible to effectively seal a record of conviction with an order of non-disclosure.

However, Texas law only permits expunction of an arrest record or a record of criminal charge that does not result in a finding of guilt (usually when the charge is dismissed, or the defendant is acquitted after trial); the law also permits expunction of a Class C misdemeanor (and only Class C misdemeanors) that results in a deferred adjudication after the defendant completes their community supervision.

If you successfully obtain an expunction of your arrest or criminal charge record, you may lawfully deny that you were arrested or charged for that crime or that you obtained an expunction order (except in rare circumstances). Many employers, schools, landlords, and banks ask you to disclose whether you have ever been arrested or charged with a crime. Therefore, obtaining an expunction can be a very powerful tool for clearing your name and avoiding the long-lasting negative consequences of an arrest record, especially since you were never convicted of a crime.

If you are seeking an expunction of your arrest or criminal charge record, contact the dedicated and experienced Collin County expunction attorneys of Rosenthal & Wadas to schedule a free consultation with a knowledgeable criminal defense lawyer from our firm. We can advise you as to your possible rights and options concerning expunction and discuss how our firm can provide you with the resources to successfully obtain an expunction of your record.

Do I Need an Expunction Lawyer?

Although it is not required to hire an attorney if you wish to petition to expunge your arrest or criminal trial records, having an experienced attorney on your side may increase the chances of successfully obtaining an expunction of your records. For example, an attorney can review the facts and circumstances of your case to determine whether you are even eligible to receive expunction of your records. An attorney can also help you draft and assemble your petition for expunction to ensure that no required information or documents are missing from your request. If you have legal representation, the court may not even require you to appear in court for the hearing on your petition, allowing your lawyer to appear in your place, which can be helpful if you no longer live in the area or cannot get time off from work.

In circumstances where the prosecutor can object or must consent to a petition for expunction, having an attorney may be crucial to obtain an expunction of your record successfully. A lawyer can craft and present a compelling and persuasive argument in favor of expunction, responding to the prosecutor’s arguments against expunction and addressing any concerns brought up by the court.

Why Choose Rosenthal & Wadas to Handle My Case?

If you are seeking an expunction of your arrest record or of criminal charges that were dismissed or that you were acquitted for, having dedicated, experienced legal representation on your side can make the expunction process much smoother and increase the chances of having your record successfully expunged. The criminal defense attorneys of Rosenthal & Wadas have earned our reputation of being the leading criminal defense law firm in Collin County. Not only are we the largest criminal defense law firm in Collin County, but we are also the only criminal defense law firm with two Criminal Law Board Certified partners. This means that our partners have obtained board certification, granted to only 1% of attorneys in Texas, by demonstrating and being tested on their substantial experience and knowledge in the area of criminal law.

As a result, Rosenthal & Wadas can offer you many resources as you pursue expunction of your record. When you hire us to help you through the expunction process, you receive the assistance of multiple experienced criminal defense attorneys who will collaborate to develop the most effective and persuasive strategy for your case. We provide experienced legal representation and will fight to have your criminal records expunged.

Types of Cases We Handle

The expunction attorneys of Rosenthal & Wadas have helped clients across Collin County seek an expunction of their arrest and trial records for many different kinds of criminal charges that do not result in a finding of guilt, including:

  • Homicide
  • Assault and battery
  • Sex crimes
  • DUI
  • Theft
  • Burglary
  • Robbery
  • Drug crimes
  • Weapons offenses
  • Criminal traffic offenses
  • Class C misdemeanors that result in a deferred adjudication

Our experienced expunction attorneys can review the circumstances of your case to advise you as to whether you are eligible for expunction. Contact us today to learn more about your rights and options and about how our firm can provide you with legal representation that can help you through the expunction process.

Frequently Asked Questions about Expunction

Under Texas law, you are eligible for expunction of an arrest or trial record for any charge that did not lead to a finding of guilt (such as a dismissal of the charges or an acquittal at trial), and for any class C misdemeanor that resulted in a sentence of deferred adjudication where you completed your community supervision. Juvenile offenses are also eligible for expunction if they were misdemeanors punishable by fine, offenses under the Alcohol Beverage Code, or a conviction for failure to attend school. In any other circumstances, your record is not eligible for expunction, but may be eligible for an order of non-disclosure.
Expunction involves filing a petition or application with the court in the county where you were arrested or charged. You must also pay a fee along with your petition (although you can request the fee be waived if you can prove you cannot afford the fee). The clerk of the court will schedule a hearing on your petition, where the court will review your case to determine if you are eligible for expunction and allow the prosecutor or other interested parties to object to your request if permitted by law.
No. The court will need to review your record to determine whether you are eligible for expunction under Texas law. Under certain circumstances, the prosecutor or other interested parties may be entitled to object to your expunction request, which will be given due consideration by the court.
No. In most circumstances, if a case is eligible for an order of non-disclosure, it is likely not eligible for expunction (for example, convictions may be eligible for an order of non-disclosure but do not qualify for expunction).
Generally speaking, there is a waiting period if you wish to seek an expunction of arrest or charging records for charges that were ultimately dismissed. The waiting period, measured from the date of arrest or date of the criminal incident, is two years for misdemeanors and three years for most felonies. The most severe felonies can have a longer waiting period before you can seek an expunction of that charge.
You are legally entitled to deny your arrest if you receive an expunction unless you are under oath in a court proceeding regarding the arrest. However, even if you are legally required to disclose your expunged record, you are also entitled to explain that the arrest or charges were expunged from your record.

Contact a Collin County Expunction Attorney

If you were arrested but no charges were filed against you, or you were charged with a crime but were found not guilty, you may be entitled to an expunction of your arrest and trial records. An expunction of your records can mean that you no longer have to deal with the consequences of an arrest or criminal charge record, which can impact your ability to seek employment, education, housing, and other necessities.

The Collin County expunction attorneys of Rosenthal & Wadas are ready to help you determine if you are eligible to seek expunction and help you through the process of obtaining an expunction of your criminal records. Contact us today to speak with a knowledgeable expunction attorney who can advise you as to your rights and options as to expunction, and to learn more about how our firm can provide you with the assistance and resources you need to obtain an expunction of your record. Call (972) 369-0577 or contact us online for a free, confidential consultation.

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