Expunctions Explained. What is an Expunction and Why You Need One
What is an Expunction?
What is an Expunction? What is the point of getting an expunction? Why should I hire a criminal defense attorney to get my case expunged? Do you really need to hire a lawyer to get my case expunged? Isn’t it cheaper to do it myself?
When does someone get a Criminal Record?
When you get arrested you automatically get a criminal record. In fact, everyone who has been pulled over for a traffic offense or a traffic ticket has a criminal record. But when you get put in handcuffs it’s different. When you get put in handcuffs and taken to the Bexar County Jail your fingerprints are taken. This record is then reported to DPS (the Department of Public Safety) who then reports it to the FBI. At that point whoever runs a criminal background check on you will be able to see your arrest. They will continue to be able to see your arrest until you get an expunction.
How are Expunctions Like Time Travel?
Most people wish they can go back and change the past. This is especially true after an arrest. If you qualify for an expunction you can hire a lawyer to change the past. That’s what an expunction does. It erases the record of your arrest so that no one can go back and read that embarrassing police report, and no one can verify that you were the one arrested.
Can I do an Expunction Myself?
There is nothing stopping you from representing yourself when filing for an expunction. However, you should really really hire a lawyer. Well of course we’re going to say that. We’re attorneys and we want to be hired to do your expunction. But there are good reasons to hire a lawyer (any lawyer even if it isn’t us) to file your expunction.
- You need to know what agencies to serve. An arrest involves multiple arresting, prosecuting, and judicial agencies. You need to know exactly which agencies to serve and where to mail those agencies the order expunging your arrest record, or the record of your criminal case. If you miss even a single agency you have not gotten your record expunged, and worse you may not be able to get it expunged in the future.
- So what harm can it do to just try and get an expunction on your own? Now, we’re going to throw some latin at you. Res Judiciata. This means that once a court decides something it cannot be asked to decide the same issue. So, if you do not do your expunction correctly it might be impossible for a lawyer to go back and fix it later.
- Peace of mind. My father used to say there were some things he didn’t do himself like cutting his own hair. Sure, he could probably do it, but it was worth it to pay for someone else to do it for him. This is particularly true regarding the law. Making sure that your expunction is done properly will give you peace of mind. Also, we will guarantee our work.
Do I Qualify for an Expunction
There are three instances when you might qualify for an expunction.
- Your case was dismissed
- Your case was reduced to a Class C misdemeanor (a fine only citation) and you successfully completed your deferred adjudication
- You were found not guilty by a jury
If you were found not guilty by a jury you are immediately eligible for an expunction. If your case was reduced or if your case was dismissed you need to wait the statute of limitations before you are eligible for an expunction.
Money Back Guarantee
If you hire us for an expunction, we guarantee that you will have your case expunged or you will get your money back. The law is full of maybe’s and what ifs. However, in the area of expunctions we can have some certainty. When you give us a call we will do a free background check and make sure that you are eligible for an expunction. If you aren’t we won’t take your money, and we will explain when you can expect to be eligible or if you will ever be eligible at all.