If a case is dismissed, all types of criminal charges can be expunged. But in some cases, only certain types of charges can be dismissed by a judge or court.
Deletion is a procedure also known as expunction that the court has ordered to clear a person’s criminal history. After deleting the records, at least according to the situation in Texas, the arrest record disappears.
Think of it as abolition in marriage- where the process completes the elimination of marriage as if it has never happened.
Similarly, deletion will remove the allegation record. The arrest will not appear in any background checks, that are extremely significant for those who want to rent a home or in the employment market.
In summary, deletion is a high-tech process with many specific rules and regulations. A criminal defense lawyer with high expertise can help you determine whether your case is eligible for the process. Austin expungement lawyer can be your problem solver.
Eligibility Determines the Outcome of the Case
Many people want to know what types of criminal records can be eliminated: “I was charged with assault in college, I was arrested for possession of marijuana, a policeman locked me in a drunk driving, and can I delete such case from the record?”
The short answer is, it can be eliminated at any time.
Yes, this is correct.
Every type of criminal activity, such as DWI, robbery, or smuggling of drugs, can be removed from the records. It does not matter if it is either a misdemeanor or a felony.
Suppose a person’s arrest leads to a conviction. In that case, it is legally impossible to withdraw the charge no matter how nominal or serious the crime is.
Appeal or a written statement is the only way to clear an individual’s conviction record. A verdict cannot eliminate a guilty record, or an arrest can lead to a conviction.
However, in some instances, if the case ends in dismissal, removing the record can eliminate the chance of arrest. That is why it is important to hire a skilled criminal defense lawyer from the beginning to do everything possible to prepare for your case for later withdrawal.
Similarly, if you have been convicted or pleaded guilty in advance, your record cannot be deleted. You must consult a defense attorney if you were apprehended but never admitted as guilty. You may be eligible to participate in the atonement.
Criminal Records including Arrests and Convictions
Most people do not know, but the criminal record shows both the arrest and the conviction. Assume you have been arrested for DWI, but you did not plead guilty later on. Unless you clear it, the initial arrest will still show in your records.
If an individual has never been convicted, he may think he has a clean record. However, if the police have ever booked you, it will show in your record.
People often think that arrest records will automatically disappear after a certain number of years.
It is not correct. When you paid for POM, you might be only 18 years old, but now you are 40 years old. Your case will still be there on your record.
Unless you hire a purge lawyer to clear your good reputation, wherever you go, that arrest will be present as a shadow, always with you.
Sometimes, it is obvious that your case has been dismissed and, therefore, eligible for expungement. However, other terms with the same meaning in law are usually used. Here are some terms:
- Case dismissal
- Trial acquittal
- Pretrial diversion
- Deferred prosecution
- Grand jury issues a “no bill”
Whatever, the outcome of any conviction,-even if the cost of your request is less than the initial arrest, it cannot be removed from your future record. . It should be taken into account while making a plea bargain.
If you plead guilty, you will not be able to revoke your arrest in the future. A skilled lawyer in criminal defense should evaluate all aspects when you settle on a case.
Eligible for Expungement
- Juvenile offenses,
- Arrest records,
- Low-level misdemeanors.
- Charges that were dropped or dismissed, and
- Non-violent crimes.
Non-Eligible for Expungement
- Crimes that carry life imprisonment,
- capital offenses, and
- assault with a deadly weapon that causes a serious injury,
Limitations to expunging a felony
- maintaining a clean record, often with no arrests, after the conviction,
- a waiting period,
- completing the expungement application process.
- The applicant is not currently facing criminal charges, on probation, or serving another sentence.
- lewd acts with a child,
- no time was served in state prison
- completing the sentence, including probation,
- paying all court fees and restitution,
- felony probation was completed,
- sodomy with a child,
- statutory rape, and
- Oral copulation with a child.
In most states, if the felony is cleared, it is sealed from public view. The general public will not be able to see it in your criminal record. The felony will be hidden from:
- Journalists, and
The laws regarding judgments and seals vary from state to state. Having a local criminal defense lawyer in your corner is the best way to ensure you have all the facts.
Suppose you wish to be exempted or convicted. In that case, it is important to have a lawyer to help you determine the specific laws in your area.
Usually, the judgment or outcome of your case determines whether a particular record can be deleted. It does not matter whether your case is a misdemeanor or a felony. Learn more about cleanup.
Possible results include dispositions other than the guilty verdict. Also, in some cases, your records may not be deleted.