The person can also be fined up to $10,000. The period of time you must wait to file for either expungement or an order of non-disclosure is contingent upon the type of crime police arrested you for committing. So, it can be beneficial because it allows someone who has been charged with a State Jail Felony to have his or her punishment assessed as a Class A Misdemeanor if the facts of the case warrant a reduction.

In addition to the above-mentioned situations, you might qualify for felony expungement if you pleaded guilty to a crime or the courts convicted you of misdemeanor offenses as a minor." Not to even mention the slew of collateral consequences that often result from being charged with a felony including, but not limited to, the inability to acquire or maintain employment, the inability to obtain mortgage loans and other financial benefits, the inability to rent an apartment, and removal and/or deportation from the United States. First, you’re going to need an experienced criminal defense attorney who can realistically evaluate the facts of your specific case and uncover all of the weaknesses that the State faces. Criminal Defense and Constitutional Rights. "acceptedAnswer": { Class A Misdemeanor, This is important because this law only lessens the punishment for a felony. Increase the odds of convincing the courts to schedule your hearing and grant your expungement by consulting with a practiced attorney." Yes. "@type": "FAQPage", In Texas, criminal offenses generally tend to fall under one of two categories: misdemeanors or felonies. Some government agencies and authorized non-criminal justice administrations can still access a non-disclosed record." It does not lessen or reduce the actual charge. This law works the same way as the one above in that it only applies to someone who has been charged with a State Jail Felony. The second thing that you’ll need for a chance at getting a felony reduction is a bit of luck. }. People who have deferred adjudications for class B, class A, or felony offenses at any level will not qualify for expungement. This field is for validation purposes and should be left unchanged. Under these circumstances, the only way to remove a criminal history from public record is to get the courts to seal or expunge the record. ", Assuming you cannot beat the charge or get it reduced, and assuming you do not get probation, your sentence will be in that range. If you need my help, call my office today for a free consultation. In Texas, they are the second-least severe type of felony. "acceptedAnswer": { Misdemeanor, 1) Expunge Your Record 2) Seal Your Record, 3) Request a Pardon of Your Record The problem though is that all states don't offer all three of these options. You never went to trial, and the prosecution suggested expungement. Third degree felonies are a type of crime. Texas Penal Code 12.44(b) provides that, “at the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a State Jail Felony as a Class A Misdemeanor.”. Texas Penal Code Section 12.44(a) states that “a court may punish a defendant who is convicted of a State Jail Felony by imposing the confinement permissible as punishment for a Class A Misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.”. "text": "Yes. "name": "What Is a Non-Disclosure Order? Also, this law only applies to someone who has been charged with a State Jail Felony. Collin County, They might be able to seal their records with an order of non-disclosure instead. The person entered a plea of guilty or no contest. I will personally sit down with you and we can figure out what the best course of action is for you. "name": "Is There a Waiting Period Before One Can Request an Expungement or Non-Disclosure Order? However, they are still more serious than any misdemeanor.A conviction for a third degree felony carries between 2 and 10 years in jail.It also carries a fine of up to $10,000.Some of them can even be elevated into second degree felonies.If that happens, the penalties increase even higher. An order of non-disclosure seals an individual’s criminal record and prevents the public from seeing it. Like an expungement, an order of non-disclosure also gives you this ability. Therefore, this law essentially reduces both the criminal charge and the punishment down to the level of a Class A Misdemeanor, which means that many of the collateral consequences that are associated with felonies will be avoided. "@type": "Question", Misdemeanor Reduction, ", { The courts convicted you of a crime, but afterward something proved your innocence. The Texas Code of Criminal Procedure states that you might be eligible for expungement of a felony record if one of the following scenarios applies: In addition to the above-mentioned situations, you might qualify for felony expungement if you pleaded guilty to a crime or the courts convicted you of misdemeanor offenses as a minor. } Is Assault with Bodily Injury a Felony in Texas? The period of time you must wait to file for either expungement or an order of non-disclosure is contingent upon the type of crime police arrested you for committing." The Texas Government Code states that a person has the option to make an appeal to the court that placed the individual on postponed adjudication community supervision. But before we get into what Texas offers, let's … Call us at (713) 224-4040. But, if there are no significant flaws or weaknesses in the State’s case against you, it isn’t very likely that the prosecuting attorney will consider a felony reduction based upon sympathy alone. "name": "How Long Does the Expungement Process Take? The judge dismissed proceedings and discharged the individual in question by the end of the surveillance period. "@type": "Question", The judge dismissed proceedings and discharged the individual in question by the end of the surveillance period.

"acceptedAnswer": { After someone files an expungement petition, it typically takes at least 30 days for the courts to schedule a hearing date. You might be eligible for record expungement if you have finished a pre-trial diversion program which the judge recommended to you following a deferred prosecution. "text": "After someone files an expungement petition, it typically takes at least 30 days for the courts to schedule a hearing date. However, it deals with the actual criminal charge, rather than just the punishment. ", },{ Specific classifications of crimes along with their wait times are as follows: If you have a question about your waiting period or wish to speak to someone about expungement or non-disclosure orders before the end of your waiting period, talk to a defense attorney. Felony, } Felony Reduction, "text": "Expungement erases a record, while a non-disclosure order blocks the public from viewing a record. "@type": "Answer", This can happen under Texas Penal Code 12.44(b). If you have been convicted of a crime in Houston, then you need solid legal representation.



When Was Copperas Cove High School Built, Zombie Pigman Farm Not Spawning, Steelseries Apex M750 Amazon, Kicker Comp 's 12, Benefits Of White Bread, 8th Grade Math Test Pdf, Mexican Rice Salad Toddler, Charles Augustus Magnussen Death, Hotels Natchez, Ms, Dell Inspiron 14 5000 Review 2020, Jasmine White Paint, Branded Mylar Bags,