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San Antonio Expungement Attorney

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San Antonio Expungement Attorney

Do you have an arrest record and are seeking to expunge your criminal record in San Antonio and reclaim your future? Expungement in Texas can provide significant benefits, such as improved job and housing opportunities, eligibility for certain licenses, and the restoration of rights.

Understanding eligibility, preparing documentation, and providing legal representation are critical steps in the process, and navigating these legal requirements of expunction can be tricky. Having an experienced expungement lawyer like Ernest Acevedo III at Ernest Acevedo Law Group can get your questions answered about what might be eligible.

Ernest Acevedo Law Group is a family firm, serving clients for over 45 years. Former judge, Ernest Acevedo Junior, founded the firm in 1976. Today, his son Ernest Acevedo III, who learned at his side, oversees the firm. Ernest graduated from Harvard Law School and was admitted to the Texas bar in 1994. Ernest served as president of the Mexican American Bar Association from 1997 to 1998 and president of the San Antonio Criminal Defense Lawyers Association from 2002 to 2003.

Call Ernest Acevedo Law Group at (210) 226-5656 to schedule a free consultation and discuss the possibility of expunction in detail.

How Ernest Acevedo Law Group Can Help With an Expungement in San Antonio

How Acevedo Law Group Can Help With an Expungement in San Antonio

Unfortunately, many people are unaware that even an arrest without a criminal conviction or finding of guilt can mean a life-long record unless you get your record sealed (nondisclosure) or expunged. Because expungement can be such a benefit to brightening your future, finding the right lawyer to help with this legal process is crucial.

Ernest Acevedo III is an expert attorney who can help in this process. This includes:

  • Ensuring eligibility
  • Preparing necessary lawsuit
  • Handling court filings
  • Providing representation at hearings

Remember that with the increased attention on how minor charges can significantly affect an individual, their family, and their prospects, there are situations where expungement might be possible despite the statute of limitations not being reached. It’s crucial to consult with a legal professional well-versed in Texas’ nondisclosure and expungement regulations.

Understanding the Expungement Process in San Antonio

Understanding the Expungement Process in San Antonio

Expungement is a legal process that allows individuals to erase or seal their criminal records, making them inaccessible through standard background checks. In San Antonio, Texas, this process is particularly relevant for those seeking to clear their names and enhance their opportunities in life.

Eligibility for Expungement

Type of Offense: Not all crimes are eligible for expungement. Typically, non-violent offenses, misdemeanors, and arrests that did not lead to a conviction or probation can be expunged.

Completion of Case: The case must have been dismissed and usually the statute of limitations must have passed.

Waiting Period: There is a mandatory waiting period before filing for expungement, which varies based on the offense. For instance, misdemeanors typically require a waiting period of two years after the date of offense.

The Expungement Process

Application: The first step is to file a petition for expungement with the court. This involves gathering all relevant documents related to the arrest and conviction.

Hearing: Once the petition is filed, a court date is set. During the hearing, the judge will review the case and hear from both the petitioner and any objectors, such as representatives from the state.

Judge’s Decision: The judge will decide whether to grant the petition. If approved, the records are destroyed.

Importance of Legal Assistance

Navigating the expungement process can be complex, and the criteria stringent. It is advisable to seek the assistance of a knowledgeable attorney who understands the nuances of Texas law and can provide the best chance for a successful petition.

For those in San Antonio looking to clear their criminal record, understanding and correctly navigating the expungement process is crucial. With the right approach, it’s possible to leave the past behind and move forward with a clean slate.

Understanding the Difference Between Expunging Your Criminal Record and Sealing It

Expungement (or expunction) is a legal process where your criminal records get completely erased. Nondisclosure (sealed record) is when your criminal records in Texas gets sealed and certain offenses get removed from public disclosure.

Both are legal procedures used to clean up criminal history records, which can greatly impact your future endeavors. Having a criminal record in Texas can lead to issues with loan applications, home applications, job applications, and the process of a background check.

In Texas, having your records expunged can permanently remove them from an adult criminal history record. Nondisclosure (or record sealing) your record can hide your criminal offense from public disclosure but is still visible to certain government agencies.

Will a Deferred Adjudication Stay On My Criminal Records?

The answer to this is yes; unless it was for a class C misdemeanor. Upon completion of the deferred adjudication, the court will dismiss the charges without a conviction. However, the crime and sentence of deferred adjudication stays on your record and can be found through a public or private background check. The case may be eligible for a non-disclosure.

Expunction

In Texas, expunction applies to:

  • A class C misdemeanor resulting in deferred adjudication or
  • Offenses not resulting in conviction regardless of level, where charges were not filed, charges were dismissed, or the person was acquitted or pardoned.

According to this law, there is a minimum waiting period before you are eligible to file an application for expunction:

  • Class C misdemeanors: 180 days
  • Class A and B misdemeanors: 2 years from date of offense
  • Felonies: 3 years from date of offense

If you have been charged, the statute of limitations (or waiting period) must expire for every crime you were arrested for before you can apply for expunction.

Eligibility Criteria for Getting Your Record Expunged

The journey to clearing your criminal record is a meticulous process, and not everyone is eligible for record expungement. In Texas, expungements are allowed for arrests that are dismissed or acquitted, as well as guilty convictions that are later pardoned or reversed after an appeal.

The first step to expunction or nondisclosure in Texas is determining if you’re eligible for it. Not every crime can be cleared, and it’s important to note that one criminal charge can not be eligible for both.

  • Texas Code of Criminal Procedure, Chapter 55 governs the laws for the expunction of criminal records, and is a great resource for understanding your eligibility.
  • Texas Government Code, Chapter 411, Subchapter E-1 governs the laws for nondisclosure orders, and goes into detail about who is eligible for an order of nondisclosure.
  • Texas Family Code, Chapter 58 governs the laws for sealing juvenile records. Section 58.203 also outlines other requirements and restrictions surrounding the sealing of juvenile records. There is a possibility for juvenile records to be restricted, if certain circumstances are met first.

From the nature of your crime to the completion of your sentence, the expunction process varies depending on your situation. Certain crimes can prevent you from being eligible for expunction.

That’s why finding an expert in expungement law is in your best interest. Attorney Ernest Acevedo III of Ernest Acevedo Law Group will assist you in this complex process. His vast experience in Texas law gives him a deep understanding of how to expunge records in Texas.

Schedule a free consultation with attorney Ernest Acevedo III by calling Ernest Acevedo Law Group at (210) 226-5656. He is dedicated to helping you find freedom in your future. Get started today on expunging your criminal record in Texas by giving us a call.

Cases That Do Not Qualify for Nondisclosure

You are not eligible for nondisclosure order if you have ever been convicted or placed on deferred adjudication for any of the following:

It’s important to note that these restrictions apply to your entire criminal history.

Why Choose Ernest Acevedo Law Group for Your San Antonio Expungement?

Ernest Acevedo Law Group, rooted in the heart of San Antonio, has been the compass guiding individuals through the expungement process for years. As one of the top law firms in Bexar County, our law office, led by Ernest Acevedo III, is dedicated to helping clients clear their names and reclaim their futures.

Attorney Ernest Acevedo III’s Experience

With a legacy spanning three decades, Attorney Ernest Acevedo III brings a wealth of experience and a personal commitment to each case. His services include (but are not limited to):

  • Expungement cases
  • Criminal defense
  • Personal injury cases
  • Family law matters

His depth of knowledge and experience as a San Antonio criminal defense lawyer helps him understand the Texas legal landscape and provides clients with the assurance that their expungement case is in capable hands.

Schedule a Free Case Evaluation With Our San Antonio Expungement Lawyer

If you have been arrested or convicted and are looking for a San Antonio criminal defense lawyer with experience in expungement or nondisclosure, call our law office today at (210) 226-5656 to schedule a free consultation let Ernest Acevedo III of Ernest Acevedo Law Group guide you towards a happy future.

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