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A Houston Criminal Attorney at Sullo & Sullo will have the knowledge and experience to determine if your Harris County Criminal Record can be cleared through an Expunction or Non-Disclosure, and we will fight aggressively for your rights. There are instances in your life when you could significantly benefit from the experience of a highly qualified Houston Criminal Defense Lawyer. Because having Harris County Criminal Records can significantly affect your future, having a Houston Criminal Attorney assisting you can make a real difference in your future. There are many examples of basically good people who make one bad decision, ending up paying for that decision for years and years to come, even if the case was dropped or they were found not guilty.
Choosing the Best Criminal Defense Attorney Near Me to Handle Your Expunction or Non-Disclosure: In our age of technology, it is incredibly easy for a potential landlord or employer to run a criminal background search. You could also find yourself unable to obtain a government student loan or even a professional license as a result of a Harris County Criminal Record. Others—who are not prospective landlords or employers—may also be able to access your Harris County Criminal Record via the Internet. Harris County Criminal Records may follow you indefinitely unless you take specific action regarding the expunction or non-disclosure of your Harris County Criminal Record, since having a criminal arrest record could haunt you for a very long time. Once your Harris County Criminal Court Case is resolved—whether the charges were dropped or you were found not guilty, you deserve a fresh start and a Houston Criminal Defense Lawyer can help.
- Expunctions vs. Non-Disclosures - In the state of Texas, people are permitted (under certain circumstances) to remove or seal their Harris County Criminal Records from public view by filing a Petition for Expunction or Non-Disclosure. The differences between Expunctions & Non-Disclosures are as follows:
- Expunctions—If your case was no-billed, declined, dismissed, or you received a verdict of not-guilty, you may be eligible for an expunction. An expunction means every government agency will be required to destroy every record which relates to your arrest. If no indictment comes from your Harris County Criminal Court charges, you must meet the following requirements in order to be successful in your expunction petition:
- You were released with no final conviction or with deferred adjudication;
- You did not intentionally or knowingly flee after being released on bail;
- The prosecutor certifies your arrest records are no longer necessary;
- You had no felony conviction in the five years prior to the arrest in question;
- The charges were void based on false information or a mistake;
- If an indictment occurred, the statute of limitations must have expired, and
- The court must find the indictment was dismissed or quashed;
Most of the time there are no waiting periods to apply for an expunction, unless you were convicted in a different case related to the same arrest or if your case was reduced to a lesser offense (in which case you could be required to wait until the statutes of limitations for the dismissed case have passed. An expunction case typically takes about three months, then if the expunction is granted, another three to four months could pass until your record is fully cleared. Although the expunction statute in Texas is not especially long, it is complex. The goal of the Texas expunction statute is to create rules which balance the interests of the person seeking a fresh start with the desire of the State to preserve these records to potentially use in the future. An expunction typically takes six to eight weeks once the request is filed, for the court to rule on the request. If granted, it can take from four months to one year for all city, state and federal agencies to destroy all arrest records, including those of you Harris County Arrest.
- Non-Disclosures—If you obtain a non-disclosure rather than an expunction, law enforcement will still have access to the records associated with your arrest, however the public will not. Non-disclosures are typically sought following completion of a deferred adjudication, and requires that a petition be filed with the court. A judge can reject the petition for non-disclosure if you have a new case pending in the time since you completed the deferment, or if there was a mandatory waiting period. Most Texas misdemeanors allow you to immediately file for a non-disclosure, while others require a two-year wait. Those which require a two-year wait include indecent exposure, public lewdness, false reports, disorderly conduct, animal cruelty, harassment, unlawfully carrying a weapon, and interference of an emergency phone call. Felonies require a wait of five years prior to filing a non-disclosure. There are certain cases which are not eligible for non-disclosure, including: capital murder, aggravated sexual assault, burglary of a habitation with intent to commit kidnapping, sexual assault or abandonment or endangerment of a child, indecency with a child, compelling prostitution, murder, possession of child pornography, promotion of child pornography, violation of a protective order, any offense involving family violence, injury to a child, an elderly person or a disabled person, sexual assault, stalking, sexual performance by a child, unlawful restraint, kidnapping or aggravated kidnapping of a person younger than 17 and prohibited sexual conduct.
If your case resulted in a final conviction, you are ineligible for a non-disclosure or an expunction. Further, should a judge, police officer or Harris County District Attorney choose to use your sealed records against you in an effort to convict you of subsequent Harris County Criminal Court charges, they are allowed to do so.
Getting the Help You Need from the Best Criminal Defense Attorney Near Me on Your Expunction or Non-Disclosure - If you believe you are eligible for an Expunction or a Non-disclosure, you must contact a Houston Criminal Defense Attorney at Sullo & Sullo. We offer Houston Criminal Lawyer Free Consultations and we are Houston Criminal Defense Lawyers with Payment Plans for your Expunction or Non-disclosure case. It can be extremely intimidating to face an expunction or non-disclosure on your own, yet having Harris County Criminal Records can truly alter your life in many negative ways. Following your Harris County Arrest, rather than face the Harris County District Attorney on your own as you attempt to obtain an Expunction or Non-disclosure, contact a Houston Criminal Attorney right away. Our Houston Criminal Lawyers will work hard on your behalf as we understand the situation you are in, and how it affects every aspect of your life.
Who is the Best Criminal Defense Attorney Near Me? and How Much Does a Lawyer Cost at Sullo & Sullo? After the experience of a Harris County Criminal Court Trial, you may be searching for the Best Criminal Defense Attorney Near Me to handle your Expunction or Non-Disclosure. You may also be looking for a Cheap Lawyer to represent you. Understand that the Houston Criminal Law Firm of Sullo & Sullo strives to keep costs low while keeping quality high. They can offer you a Houston Criminal Lawyer Free Consultation and they are Houston Criminal Defense Lawyers with Payment Plans.