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Affidavit in Support of Motion to Order Expungement of Criminal...

Bexar Texas Affidavit in Support of Motion to Order Expungement of Criminal Record

Name: Bexar Texas Affidavit in Support of Motion to Order Expungement of Criminal Record
Brand: US Legal Forms
Rating: 4.7 (231 reviews)

Category:

Affidavits - Criminal

State:

Multi-State

County:

Bexar

Control #:

US-02246BG

Format:

Instant download

Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.

All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

You must have been arrested, you must not have been convicted or served probation, and the charge that you want to be expunged must have been a misdemeanor or a felony. If you meet these three requirements, expunction is an option you should absolutely consider before proceeding with your criminal case.

A misdemeanor may be expunged if your arrest did not result in a guilty verdict. If you were convicted with a serious misdemeanor, you must wait two years before applying for an order of non-disclosure. However, most misdemeanors are eligible for record sealing immediately.

You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years. the sentence was corporal punishment.

While most convictions cannot be removed from a person's record, Texas law does allow individuals to remove information about an arrest, charge, or conviction from their permanent records in certain circum- stances. This is called an expunction.

Specifically, you may be able to get misdemeanor or felony records expunged in Texas if: The felony charge was dropped or dismissed without action; You went to trial and were acquitted of the offense; You were convicted of the charge, but later found to be innocent by a court; or. You were pardoned of the offense.

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

Applying and Obtaining an Expunction The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.

Crimes That Cannot Be Expunged in Texas Capital Murder. Indecency with a Child. Aggravated Kidnapping. Aggravated Sexual Assault.

How do I get an expunction for a criminal record? You must file a petition in the county where you were arrested and charged to ask permission from the court to erase all records related to the criminal accusation. Other Texas courts just require the petition and court filing fee (typically around $100).

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When you get a case expunged, you can legally state that it never happened! Call us today, for a free consultation (210) 271-2800.Complete a separate request for each case you will be asking the court to seal. What Criminal Records May Be Expunged? An eviction is the process of obtaining a court order to remove a tenant and other occupants from a rental property. These records are often expunged as a juvenile is not often deemed worthy of being old enough to make an informed decision. The police obtained another Affidavit for a Search Warrant from 223.

Bexar Texas Affidavit in Support of Motion to Order Expungement of Criminal Record

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Can I file for expungement without a lawyer in Texas?

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