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San Antonio Firm Experienced in Handling Expunctions and Non-Disclosures

Clearing your criminal record can open doors to new opportunities. At The Law Offices of Robert Barrera Arellano in San Antonio, Texas, we specialize in expunctions and non-disclosures, helping you move forward with a clean slate. Navigating the legal maze of expunctions and non-disclosures can be daunting without proper guidance. For individuals seeking a fresh start, understanding these legal processes is crucial. Criminal Defense Attorney Robert Barrera Arellano in San Antonio, Texas, offers expert legal assistance to help clear or seal criminal records, paving the way for better personal and professional opportunities.

What is an Expunction?

An expunction, or expungement, is a legal process that removes arrests, charges, and certain convictions from your criminal record. Once an expunction is granted, you are legally allowed to deny the incident ever occurred. This can significantly impact your ability to secure employment, housing, and educational opportunities. This process effectively erases the record as if the incident never occurred, providing a clean slate for the individual.

Eligibility for Expunction in Texas

Eligibility for expunction varies but generally includes individuals who were acquitted, had charges dismissed, or were pardoned. Each case is unique, and consulting with an attorney is essential to determine eligibility.

You may be eligible for an expunction if:

Your case was dismissed
You were found not guilty at trial
You were arrested but not charged
You completed a pre-trial diversion program
Your conviction was overturned on appeal

Process of Expunctions

Steps to File for Expunction
Filing for an expunction involves several steps:

- Determine eligibility.
- Gather necessary documentation.
- File a petition for expunction in the appropriate court.
- Attend a court hearing.
- Obtain a court order granting the expunction.

Documentation Required
Required documents typically include:
- Arrest records
- Court documents
- Proof of case dismissal or completion of a program
Timeline and Duration
The expunction process can take several months, depending on the complexity of the case and the court’s schedule. Patience and thorough preparation are key.

Benefits of Expunctions

Impact on Employment
A successful expunction can significantly improve employment prospects, as potential employers will not see the expunged records during background checks.
Effects on Personal Life
Removing a criminal record can relieve the social stigma and personal stress associated with past legal issues, allowing individuals to move forward with their lives.

What is a Non-Disclosure?

A non-disclosure order, also known as sealing a record, restricts public access to certain criminal records. Though it remains accessible to certain government agencies and law enforcement, it is hidden from public view, including employers and landlords. This order allows you to legally deny the existence of the record in most situations, providing similar benefits to an expunction.

Difference Between Expunction and Non-Disclosure

The primary difference is that expunction completely removes the record, while non-disclosure hides it from public access. Law enforcement and certain government agencies can still access sealed records.

Eligibility for Non-Disclosure in Texas

Individuals who have successfully completed deferred adjudication and have not been convicted of certain offenses may be eligible. Specific eligibility criteria should be reviewed with an attorney.

You may qualify for a non-disclosure if:
- You successfully completed deferred adjudication probation
- You have no other convictions on your record
- A specific waiting period has passed since the completion of your sentence
Types of Offenses Covered
Non-disclosures generally cover lesser offenses and misdemeanors. Serious crimes like sexual offenses or violent crimes may not be eligible.

Process of Non-Disclosures

How to File for a Non-Disclosure
- Reviewing eligibility.
- Gathering required documents.
- Filing a petition for non-disclosure.
- Attending a court hearing.
Required Documentation
Necessary documents may include:
- Court records
- Proof of deferred adjudication completion
Processing Time
The timeline for obtaining a non-disclosure order varies but typically takes a few months.

Benefits of Non-Disclosures

Professional and Personal Impacts
A non-disclosure order can enhance job opportunities and housing prospects by keeping certain records hidden from public view.
Legal Protections
Sealing records can provide legal protections by limiting who can access sensitive information about past offenses.

Common Misconceptions

Expunction vs. Non-Disclosure Myths
One common myth is that expunction and non-disclosure are the same. They serve similar purposes but are distinct processes with different outcomes and eligibility criteria.
Legal Myths and Facts
Misunderstandings about eligibility and the process can lead to missed opportunities. Consulting with an attorney helps clarify these misconceptions.

Legal Support and Guidance

Importance of Hiring an Attorney
Navigating the legal system for expunctions and non-disclosures can be complex. An experienced attorney ensures the process is handled correctly and efficiently.
How Robert Barrera Arellano Can Help
Attorney Robert Barrera Arellano offers expert legal advice and representation, guiding clients through the expunction and non-disclosure processes to achieve the best possible outcomes.

Expunctions and non-disclosures offer valuable opportunities to clear or seal criminal records, providing a fresh start. Understanding the processes and eligibility is crucial, and seeking legal guidance from experts like Robert Barrera Arellano ensures the best outcomes.

Don’t hesitate to seek the legal help you need to protect your future by contacting Robert today.

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Client Testimonials

Robert’s clients have shared numerous positive experiences highlighting his dedication, compassion and effectiveness.
Clients have praised Robert for his thoroughness, empathy, and unwavering support throughout their legal battles.

Hope we never need to use their services again, but if I did, I would reach out to this firm again. Mr. Robert Arellano was very professional, informative and compassionate.

Mr Arellano was the third attorney to work my case. Mr Arellano set me on the correct path. Mr Arellano outlined what I need to do for a good mitigation packing. Mr Arellano followed through with me every step of the way. Mr Arellano checked in with me regularly and let me know what was and wasn’t happening. I am deeply indebted to Mr Arellano for all his guidance. Needless to say the DA didn’t feel it was necessary to indicate my case. Mr Arellano from the top to the bottom of my heart i thank you.

Mr. Robert Arellano handled my case in Kendall County. My experience was great. He got the job done so I could move on with my life. He did a perfect and professional job, always following up and keeping me inform about my case. I'm glad I had him representing me. Time to move on with my life. Very thankful.

Best law firm. On time, good communication. Robert Arellano did in amazing job representing me and got what I wanted done.

FAQs

What Crimes Cannot Be Expunged or Sealed?

Serious offenses such as murder, sexual assault, and certain felonies typically cannot be expunged or sealed.

How Long Does the Expunction Process Take?

The duration varies but usually takes several months, depending on the case’s complexity and the court’s schedule.

Can I Apply for Expunction on My Own?

While it’s possible, it’s not advisable due to the legal intricacies involved. An attorney can provide essential guidance and increase the chances of success.

What Happens if My Petition is Denied?

If denied, you may appeal the decision or explore other legal avenues with your attorney’s assistance.

Is the Process for Juveniles Different?

Yes, juvenile records often have different procedures and eligibility criteria for expunction or non-disclosure.

How Can I Check My Eligibility?

Eligibility can be checked by consulting with a legal expert who can review your case details and provide personalized advice.

What Costs are Involved in the Process?

Costs can include filing fees, attorney fees, and potential court costs. It’s important to discuss these with your attorney beforehand.

Can Expunged Records Ever Be Accessed?

Once expunged, records are typically not accessible to the public. However, certain government agencies may still have access.

What if My Record is from Another State?

Each state has its own laws regarding expunctions and non-disclosures. Consulting with an attorney familiar with the laws in the relevant state is crucial.

How Does Expunction Affect Immigration Status?

Expunctions may positively impact immigration status, but it’s essential to consult with an immigration attorney to understand the specific implications.