Austin criminal defense attorneys Charlie Roadman and Mary Ann Espiritu discuss the Texas expunction process. They explain that expunctions are complicated processes that involve more than just "deleting" a criminal record. Even if a case is dismissed, the record remains visible, showing the date and county of arrest and the dismissal. Expunctions are essential as they completely erase the offense from one's criminal history.
The process involves filing a petition in court listing every entity holding the record, including DPS (Department of Public Safety), Travis County Clerk's Office, APD, FBI, private companies, and others. The petition ensures all these entities are informed and given a chance to object. After filing, there's a 30-day waiting period for objections, followed by a court date, which is usually longer due to busy court schedules.
No objections lead to a judge signing the expunction, ordering all listed entities to physically shred or digitally delete the arrest record. In Travis County, the client's presence isn't required in court. The entire process can take 6-8 months, and clients are advised to keep checking up to a year for complete removal from all records, acknowledging that some internet traces might remain.
For more information about Charlie: roadmanlaw.com/
Charlie's book The Defendant's Guide to Defense (How to Help Your Lawyer Get the Best Result) is available on Amazon: www.amazon.com...
16 авг 2021
