How to get a class c misdemeanor expunged in Texas?

How to Get a Class C Misdemeanor Expunged in Texas?

A criminal record can be a significant obstacle in your personal and professional life, limiting your job opportunities, housing options, and even social relationships. In Texas, expunging a class C misdemeanor conviction can be a valuable step towards rebuilding your life and erasing the stigma of a criminal record. In this article, we will guide you through the process of how to get a class C misdemeanor expunged in Texas.

Eligibility for Expungement

Before we dive into the process, it’s essential to understand who is eligible for expungement. In Texas, you may be eligible for expungement if:

• You were convicted of a class C misdemeanor and completed your sentence, including any probation or community supervision
• You were not convicted of a felony or a more serious misdemeanor
• You have not been convicted of a crime within the past five years (unless you are seeking expungement for a crime that was committed when you were under 17 years old)

The Expungement Process

The expungement process in Texas involves several steps:

Step 1: Determine the Eligibility Criteria

• Review your criminal record to ensure you meet the eligibility criteria
• Check if you have any outstanding warrants or fines

Step 2: Prepare the Necessary Documents

• Obtain a copy of your conviction record from the Texas Department of Public Safety (DPS)
• Obtain a copy of your criminal complaint or indictment
• Obtain a copy of your plea agreement or verdict

Step 3: File the Petition for Expungement

• Complete the Petition for Expungement form (O.C.G.A. § 55-12-33) and file it with the court that convicted you
• Pay the filing fee, which is typically around $300
• Serve the prosecutor and law enforcement agencies with a copy of the petition

Step 4: Wait for the Court’s Decision

• The court will review your petition and schedule a hearing
• The prosecutor may oppose your petition, and you may need to attend a hearing to present your case
• If the court grants your petition, the expungement order will be issued

What Happens After Expungement

After the court grants your petition, the following will occur:

• The conviction will be sealed from public records
• The DPS will remove the conviction from your criminal record
• You can legally deny the conviction when asked about it on job or housing applications
• You may be eligible for certain professional licenses or certifications that were previously denied due to the conviction

Timeframe for Expungement

The timeframe for expungement in Texas is typically around 6-12 months. However, the process can take longer if the prosecutor opposes your petition or if there are any issues with the court’s scheduling.

Costs and Fees

The costs and fees associated with expungement in Texas include:

• Filing fee: around $300
• Service fees: around $50-$100
• Attorney fees: vary depending on the complexity of the case and the attorney’s rates

Conclusion

Expunging a class C misdemeanor conviction in Texas can be a valuable step towards rebuilding your life and erasing the stigma of a criminal record. By understanding the eligibility criteria, preparing the necessary documents, and following the expungement process, you can take control of your criminal record and move forward with confidence. Remember to consult with an attorney if you have any questions or concerns about the process.

Table: Eligibility Criteria for Expungement in Texas

Bullets: Documents Needed for Expungement

• Conviction record from the Texas Department of Public Safety (DPS)
• Criminal complaint or indictment
• Plea agreement or verdict
• Proof of sentence completion

Bullets: Steps to Take After Expungement

• Update your criminal record with the DPS
• Notify relevant government agencies and organizations
• Consider updating your resume and job applications
• Consider updating your housing and loan applications