The expunction process is made up of three major parts. First, before you hire us we make sure that you will qualify for an expunction. If you hire us and your case cannot be expunged (for any reason) we will refund your money. Once you hire us we will research your case and make sure all of the appropriate agencies are served. At that point, we will file the expunction and serve all of these agencies with the expunction petition. Usually, it take ninety days from the time the expunction is filed to the judge’s signing of the order granting the expunction. Once, the judge signs the expunction order the District Clerk mails out the order to all of the appropriate agencies ordering them to destroy all the reports or records of your arrest. Altogether, the expunction process takes between three to six months.
What Appears On My Background Check After My Criminal Record Has Been Successfully Expunged?
If done correctly, nothing will appear on your criminal record once your case has been expunged and the agencies involved have destroyed your records. Still, private background checking agencies may retain records of your arrest. These companies do not have to destroy criminal records. There are two important points. First, if the criminal background checking agency retains a record of something that no longer exists you an legitimately deny that the record that they have is accurate. Usually, private background checking agencies will suggest you verify with the police or with the agency that is subject to report. When someone goes to check with the agency they should not have that report and it should not exist; it should just be blank. For instance, if you do a search on Bexar County’s website and your case has been successfully expunged, the results should just come up with no records found.
Would I Ever Have To Disclose That I Was Arrested If My Record Was Successfully Expunged?
You don’t have to disclose arrests after a successful expunction, but you should always ask yourself if you want to. For instance, for the State Bar, when taking the exam for your character and fitness to validate that you can sit for the bar exam, they will ask you to disclose expunged offenses. If it has been successfully expunged then the court has found you were wrongfully convicted or you were wrongfully arrested. Therefore, you should not have to report it. However, you need to decide for yourself whether or not you want to.
Why Is It Critical To Find An Attorney Specifically Experienced In Handling Expunctions?
You need to hire an attorney who has experience handling expunctions. We will ensure we have the complete list of all agencies involved. We will make sure that all of these agencies are properly served so that your arrest record is properly destroyed. If you are doing an expunction on your own, you run the risk of missing an agency. -If you do leave off an agency then you might have not had the expunction done at all or you will have to do another.
Additionally, you need to have the correct address of each agency where they can receive records so that it can be done appropriately. If you have the wrong address or you list the wrong agencies, then it really doesn’t make any sense to do the expunction at all because the records won’t be destroyed.
Expunctions can be expensive. It only takes a couple of misses on your own to make it well worth it to hire an attorney that does it frequently.
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