Fort Worth Juvenile Record Case Expunction
Regarding juvenile records, most juvenile records can be sealed, or closed from public view anytime after the child has reached maturity, and they are no longer subject to supervision, or any type of service of the sentence, or after they turn twenty-one. Such things will automatically be closed from public view, but others, they need to request the records be closed, and not available to the public.
Do Criminal Records Go Away After a Certain Amount of Time?
That arrest charge will not go away, and those arrests will show up indefinitely, and permanently. Therefore, it is important to seek expunction. If a person is arrested, there will be a record of the arrest that will show on a background check. So, even though they may not have been found guilty, even though they are presumed innocent, and they have not been convicted of anything, even though a case was never filed against them, there will still be this record of arrest for that crime. That can be detrimental to many people, particularly if it is an offense involving theft, violence, or something that sounds bad, such as anything sexual. That can certainly have a terribly negative effect on that person’s future. That arrest record stays there forever.
That is why it is very important to take advantage of expunction. They are eligible to have that arrest expunged from their record if the statute of limitations is expired, and the case was never filed. Regarding arrests, they do not just go away after any period, which is why it is important to expunge those.
Is It Easier To Get Certain Types Of Records Expunged Than Others?
I would not say that any are easy to be expunged then others, because there is the process of having to prepare, and file a petition in any state district court, which the district attorney can oppose. Sometimes the district attorney interprets the statute differently than defense attorneys do, and will oppose a petition for expunction requiring a hearing in district court where both sides argue the law, and the judge decides whether the person is entitled to the expunction. Many times, the prosecutor checks the records and agrees that the person is indeed entitled to the expunction, and agrees to an order of expunction without the necessity of a contested hearing in court, and without the necessity of the client ever having to go to court. Ninety percent of the time, when we file petitions for expunction, we are able to get that granted without the client ever having to go to court, and we get the prosecutor to agree to the order of expunction.
How Many Records Can Someone Get Expunged?
As many as are eligible for expunction.
How Does A Pending Case Impact An Ongoing Expunction Proceeding?
If you are eligible for expunction, then a pending case will not prevent you from being able to get that record expunged.
Fort Worth Expunction Process
To accomplish an expunction in Texas, a proper petition has to be prepared and filed in district court. It also has to be filed with the sworn motion by the petitioner that everything in the petition is true and correct. Therefore, the person who is subject to the arrest who is seeking expunction has to be able to swear to the contents of the petition for expunction, and then has to properly file with court costs and then properly prosecute the petition for expunction. Then you have to have the court to set either a hearing, or getting the prosecution to agree, and then prepare the order. If it is agreed, that properly notifies all of the agencies who are involved.
Then you must pay for service of the petition, grant an expunction order to be served on all of those agencies, and see that everything is followed through. As a practical matter, a layperson is not going to be able to understand all the laws, and the intricacies to get this accomplished. Therefore, it is very important if they are going to try to get anything expunged, and that they have an experienced attorney do that. It is very important to have an attorney who understands expunction law, and who knows how to properly plead the expunction so that it is granted. Your attorney will know how those records should be expunged, and involve all the proper agencies, because if most of the agencies are notified, and they expunge their records, but there are still some other agencies out there that have the record, then the expunction was completely worthless.
Therefore, it is not anything that a layperson can do on their own; they need the help of an experienced attorney.
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