Fort Worth Expunction Process
Everyone makes mistakes, but that does not mean that those mistakes must follow you for the rest of your life. In some cases when you are arrested, charged, or convicted of a crime, that information can be removed from your permanent record.
This is known as expunction, and it can help those with a mark on their record move forward with their life. The Fort Worth expunction process is complicated. If you are seeking an expunction, you should speak to an adept expunction attorney who can help you do it.
Petitioning a Court
The first step in the expunction process in Fort Worth is for an attorney to draft a Petition for Expunction. This document is a formal request for the expunction that will generally include several details about the case such as:
- The arresting agency
- The police report number attached to the case
- The date of arrest
- The court and case number
- Personal information about the person seeking the expunction
Within the petition, an attorney will also identify reasons why the person should have their records expunged. The petition will then be filed with a court and a hearing date will be set for a judge to make a ruling on it.
In addition to filing the petition with the court, the petition will also need to be served to other agencies. At a minimum, this will include the clerk’s office, the district attorney’s office, the Texas Department of Public Safety, the arresting agency, and a jail if the person served or is serving time.
Agreed Order of Expunction
In some cases, it is clear that the person seeking an expunction should be granted one. When that is the case, the Fort Worth expunction process in may not even require the person seeking one to appear in court.
This part of the process simply includes the attorney who drafted the petition to take it to the same agencies they served with the Petition for Expunction. Often, it can even be at the same time so that the process can proceed more quickly.
When all agencies agree and do not oppose the granting of the order, there may not be any reason for a person to appear in court for a hearing before a judge. Instead, the judge may simply approve the request and the expunction will be filed.
After the Receiving an Expunction
After an expunction has been approved and filed, the different agencies involved in the arrest, charge, or conviction should destroy all records pertaining to the case. An attorney can check the various channels such as the arresting police department and the district attorney’s office to ensure that no records are currently available for the case that has been expunged.
The person who once had a criminal record no longer will. They will be able to tell employers that they have never been arrested or convicted of an offense and can move forward.
Ask a Fort Worth Attorney About the Expunction Process
If you have been arrested, charged, or convicted of an offense and you believe you may qualify for expunction, contact an attorney today. The Fort Worth expunction process can be a long one that involves many different agencies but an attorney can make the entire process go much more smoothly.
An attorney can help create a clear petition that outlines why you deserve an expunction. They can also guide you through the process to help you avoid any missteps that could jeopardize your case. Call today for a free consultation to determine whether you may qualify for expunction.