Collin Texas Motion for New Trial for Purpose of Expunging Criminal Record

State:
Multi-State
County:
Collin
Control #:
US-02609BG
Format:
Word; 
Rich Text
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.

Collin Texas Motion for New Trial for Purpose of Expunging Criminal Record is a legal process that allows individuals to seek a new trial in order to potentially have their criminal record expunged. This type of motion is filed in the Collin County, Texas jurisdiction and is typically used when a person wants to challenge the validity of their conviction or believes that their criminal record should be cleared. A Motion for New Trial can be an essential tool for individuals who have been convicted of a crime in Collin County, Texas but believe they were wrongly convicted or that there are new facts or evidence that could potentially exonerate them. By filing this motion, individuals are asking the court to reconsider its decision and provide them with a fresh opportunity to present new evidence or arguments that could lead to the expungement of their criminal record. There are different types of Motions for New Trial for Purpose of Expunging Criminal Record, each with its own specific purpose: 1. Error of Law: A motion filed on the grounds that there was an error of law committed during the trial, such as improper jury instructions or the admission of inadmissible evidence. 2. Newly Discovered Evidence: A motion filed when new evidence is discovered after the trial that could potentially change the outcome, and thus, the expungement of the criminal record is warranted. 3. Ineffective Assistance of Counsel: A motion filed when it is believed that the defendant's legal counsel provided inadequate or ineffective representation during the trial, resulting in an unjust conviction. 4. Brady Violation: A motion based on the prosecution's failure to disclose exculpatory evidence, as required by the Supreme Court decision in Brady v. Maryland. This type of motion can be used when the defendant believes that the withheld evidence would have altered the outcome of the trial and justifies the expungement of their criminal record. 5. Actual Innocence: A motion filed when new evidence, such as DNA evidence or witness recantations, proves that the individual is factually innocent of the crime they were convicted of. The purpose of this motion is to seek a new trial with the goal of having the criminal record completely expunged. In conclusion, a Collin Texas Motion for New Trial for Purpose of Expunging Criminal Record is a legal process designed to enable individuals in Collin County to challenge their conviction and seek a fresh trial in order to potentially have their criminal record expunged. Various types of motions can be filed, depending on the specific grounds for challenging the conviction, such as error of law, newly discovered evidence, ineffective assistance of counsel, Brady violations, or showing actual innocence.

Free preview
  • Form preview
  • Form preview
  • Form preview

How to fill out Collin Texas Motion For New Trial For Purpose Of Expunging Criminal Record?

A document routine always accompanies any legal activity you make. Creating a company, applying or accepting a job offer, transferring ownership, and many other life situations require you prepare official documentation that differs throughout the country. That's why having it all accumulated in one place is so beneficial.

US Legal Forms is the largest online library of up-to-date federal and state-specific legal forms. On this platform, you can easily find and get a document for any personal or business objective utilized in your county, including the Collin Motion for New Trial for Purpose of Expunging Criminal Record.

Locating templates on the platform is extremely straightforward. If you already have a subscription to our service, log in to your account, find the sample using the search bar, and click Download to save it on your device. Afterward, the Collin Motion for New Trial for Purpose of Expunging Criminal Record will be accessible for further use in the My Forms tab of your profile.

If you are dealing with US Legal Forms for the first time, follow this simple guide to obtain the Collin Motion for New Trial for Purpose of Expunging Criminal Record:

  1. Make sure you have opened the correct page with your regional form.
  2. Use the Preview mode (if available) and browse through the sample.
  3. Read the description (if any) to ensure the form satisfies your needs.
  4. Look for another document via the search option in case the sample doesn't fit you.
  5. Click Buy Now once you locate the required template.
  6. Decide on the suitable subscription plan, then sign in or create an account.
  7. Select the preferred payment method (with credit card or PayPal) to proceed.
  8. Opt for file format and save the Collin Motion for New Trial for Purpose of Expunging Criminal Record on your device.
  9. Use it as needed: print it or fill it out electronically, sign it, and send where requested.

This is the easiest and most reliable way to obtain legal paperwork. All the templates provided by our library are professionally drafted and checked for correspondence to local laws and regulations. Prepare your paperwork and run your legal affairs properly with the US Legal Forms!

Form popularity

FAQ

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).

In most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.

Someone can seek expunction if they were charged with something that was later dismissed, they are not convicted, or if they were not subject to any community supervision. This could happen either through pretrial negotiations or in court.

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.

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.

Even if there were no charges, there is a minimum waiting period before filing an application for expunction: Class C misdemeanors: 180 days. Class A and B misdemeanors: 1 year. Felonies: 3 years.

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.

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.

In Texas, the process of expunging a criminal record is often called "expunction." In addition, some criminal records may be sealed by court order, called an "order of nondisclosure." If your criminal record is expunged or sealed, it will no longer be visible to the general public, including potential employers.

More info

Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case. Two days after the trial concluded, R.A. filed a motion to expunge records in the criminal case (cause number 20100D03043).N many pre-plea or diversionary drug courts, offenders who satisfactorily complete the program may have their criminal charges dropped. Looking to seal your criminal record in McKinney? Certain criminal convictions are eligible for expunction under Texas law. Motion for new trial based on newly discovered evidence, § 44.4H. Motion in limine, § 34. The arraignment in a felony trial follows the same process as in a misdemeanor trial. Get free access to the complete judgment in COLLIN COUNTY CRIMINAL DIST. v. Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case.

Trusted and secure by over 3 million people of the world’s leading companies

Collin Texas Motion for New Trial for Purpose of Expunging Criminal Record