San Antonio Expungement Lawyer

Clearing Criminal Records in Bexar County, Texas

Criminal records from your past can have extensive negative effects on your livelihood. Most jobs use criminal background checks to assist with making hiring decisions, making it difficult to move forward and rebuild your life.

Fortunately, there is a remedy for this. Expunging your records can help you leave the past behind, as though the charges had never happened. As a San Antonio criminal defense attorney, I have the credentials, the proven record of success, and 17 years of experience to help you.

Contact a San Antonio expungement lawyer for a free consultation and learn how we can help you expunge your criminal record. Call (210) 201-7622 or reach out online to schedule your free consultation now.

What Is an Expungement?

Expungement, also named expunction, refers to the legal process of erasing or sealing a person's criminal record. This process allows individuals who meet certain eligibility criteria to have their criminal records cleared, effectively removing them from public view. Expungement in San Antonio, as in other jurisdictions, is typically available for cases where the charges were dismissed, the person was acquitted, or certain misdemeanor offenses that meet specific criteria.

Eligibility requirements and the specific procedures for expungement in San Antonio are governed by Texas state law and can vary depending on the nature of the offense and other factors. It's important to consult with a legal professional familiar with Texas law to determine if you qualify for an expungement in San Antonio. If you have questions about your rights, don’t hesitate to reach out to our firm today and schedule an initial consultation.

The Right to Expungement

Getting your past criminal records expunged can help you recharge and give you the right foundation to begin a new life. The right to expungement is upheld under Article 55.01 of the Texas Code of Criminal Procedure. If you have been acquitted by a trial, pardoned, or your case dismissed, you may be eligible. Many prior juvenile cases can also be expunged. However, not everyone who has a criminal record may be eligible for an expungement.

Some important notes about expungement:

• If you were acquitted in a trial by a jury or judge, you are eligible for an expungement.
• There is a minimum 6-month waiting period (and may last up to several years) before you are eligible to expunge prior criminal offenses.
• The exception to the above is if a prosecutor dismissed the case for lack of probable cause, false information, or mistake at the time of arrest.
• If you were convicted of a crime and sent to jail, prison, or probation, then you may not be eligible for expungement.
• You may be eligible for a non-disclosure if your case was not dismissed or you were not acquitted by a jury.

An expungement suit is filed in a civil district court in San Antonio, Texas, separate from the criminal action, requiring separate filing fees to be paid to the court. An expungement is a court order to the world to destroy any record of the arrest or the criminal case that they have in their possession. Once the judge signs the expungement order, the order is sent by certified mail to any government agency you believe may be in possession of your criminal record.

The Expungement Process in Texas

The process of obtaining an expungement in Texas is complex and requires filing a petition with the court. While the general steps are outlined below, it’s important to have legal representation from our San Antonio expungement lawyer to ensure everything is done correctly.

• Petition for Expungement: The first step in the process is to file a petition for expungement with the appropriate court. This petition must include specific information about the case, such as the arrest details, the charges involved, and the final outcome of the case.
• Court Review: Once the petition is filed, the court will review the case and determine whether the individual is eligible for expungement based on Texas law. The court may also require a hearing to determine whether expungement is appropriate.
• Notification of Relevant Agencies: If the court agrees to expunge your record, the court will order the Texas Department of Public Safety (DPS) and other relevant law enforcement agencies to remove or destroy all records related to the case. This includes arrest records, court documents, and other criminal records.
• Waiting Period: In some cases, there may be a waiting period before you can apply for expungement. For example, after a criminal case is dismissed, you may have to wait for a certain amount of time (usually 30 days) before filing for expungement. If your case involved deferred adjudication, you may need to wait until the probation period has been completed and the case is officially dismissed.
• Opposition to Expungement: It’s important to note that the state or other agencies may oppose the expungement. If there is opposition, the court will schedule a hearing to decide whether or not to grant your request. In such cases, your attorney can represent you and argue why expungement is appropriate.

A knowledgeable Bexar County expungement attorney can help guide you through each step, ensuring that your petition is complete and that all legal requirements are met. 

SCHEDULE A FREE CONSULTATION NOW

Benefits of Expungement

Expungement in Texas offers numerous benefits for those who qualify, and it can have a profound impact on your life. Some of the most significant advantages of expungement include:

• Employment Opportunities: A criminal record can severely limit your job prospects, as many employers conduct background checks. Once your record is expunged, you no longer need to disclose the offense, which opens up new career opportunities.
• Improved Housing Prospects: Many landlords conduct background checks before renting to tenants. An expunged record may make it easier to secure housing, especially in competitive rental markets.
• Restored Reputation: Being able to say that you do not have a criminal record can help restore your reputation in your community and among friends and family. Expungement can allow you to move past the stigma of a past conviction.
• Peace of Mind: The emotional toll of living with a criminal record can be significant. Expungement provides peace of mind, knowing that you have taken steps to remove the burden of past mistakes from your future.

Ready to Move Forward? Call Me!

Because of the confusing nature of expungement, it is important that you contact an expungement attorney in San Antonio to evaluate your case. Remember, if you are eligible for an expungement and are successfully granted one by a judge, you can legally deny the arrest or the criminal offense. The Law Office of Roberto Ambrosino, PLLC has a stronger roadmap to protect your rights compared to what most local San Antonio criminal defense lawyers charge for these services.

If you feel that you have a case where you may be eligible for expungement, please contact our law office as soon as possible. Call now our San Antonio expungement lawyer - (210) 201-7622