How to Expunge Counterfeiting Charge in Texas

Counterfeiting goods or currency can lead to serious legal consequences. While hefty fines and imprisonment may be some of the harshest forms of punishment for such crimes, a tainted criminal record can completely turn the defendant's life around.

From a lack of employment opportunities to the inability to secure bank loans, counterfeiting can spell a lot of trouble for the offender. Fortunately, the criminal justice system allows defendants to have these charges expunged under certain circumstances.

Sparks Law Firm and our criminal defense attorneys understand the impact of a tainted record on an offender's life. We have extensive expertise in handling expungement and can help you navigate the intricate Texas law. We can also consult on how to expunge an evading arrest charge in Texas.

Contact Sparks Law Firm today to discuss your case with our skilled criminal defense lawyers and learn more about your legal rights.

Understanding Counterfeiting Charges

Possessing or distributing counterfeit currency and goods is against Texas law. It can lead to grave consequences for the offender.

Counterfeiting currency has a negative impact on the economy. The increased supply of money can lead to inflation, which is why the federal government has made it a crime to counterfeit paper notes. A conviction could lead to fines and jail time and even affect the defendant's right to vote or own a firearm.

On the other hand, counterfeiting can also refer to the possession and distribution of goods that use a counterfeit mark. Under the Trademark Counterfeiting Act of 1984, selling imitation products with a fake logo of the original brand is illegal. This deception may result in up to $2 million in fines and a maximum prison sentence of 10 years.

What Is the Penalty for Counterfeiting

Currency in Texas?

The penalties for counterfeiting currency in Texas depend on the type of federal offense committed. These are as follows:

• 18 U.S. Code §471

  • Obligations or securities of the United States

  • Fines, a maximum of 15 years imprisonment, or both

• 18 U.S. Code §472

  • Uttering counterfeit securities or obligations

  • Fines, a maximum of 20 years imprisonment, or both

• 18 U.S. Code §473

  • Dealing in counterfeit obligations or securities

  • Fines, a maximum of 20 years imprisonment, or both

• 18 U.S. Code §474

  • Counterfeiting obligations or securities (plates, stones, or analog, digital, or electronic images)

  • Fines, a maximum of 25 years imprisonment, or both

• 18 U.S. Code §476

  • Taking impressions of tools used for obligations or securities

  • Fines, a maximum of 25 years imprisonment, or both

• 18 U.S. Code §477

  • Possession or sale of impressions of tools used for securities or obligations

  • Fines, a maximum of 25 years imprisonment, or both

  
  

What Is the Penalty for Counterfeiting Goods in Texas?

The penalties for counterfeiting goods in Texas depend on the retail value of the products counterfeited. These include the following:

• Less than $100

  • Offense: Class C misdemeanor

  • Maximum possible fine: $500

  • Maximum possible jail time: N/A

• More than $100 but less than $750

  • Offense: Class B misdemeanor

  • Maximum possible fine: $2,000

  • Maximum possible jail time: 180 days

• More than $750 but less than $2,500

  • Offense: Class A misdemeanor

  • Maximum possible fine: $4,000

  • Maximum possible jail time: One year

• More than $2,500 but less than $30,000

  • Offense: State jail felony

  • Maximum possible fine: $10,000

  • Maximum possible jail time: Two years

• More than $30,000 but less than $150,000

  • Offense: Third-degree felony

  • Maximum possible fine: $10,000

  • Maximum possible jail time: 10 years

• More than $150,000 but less than $300,000

  • Offense: Second-degree felony

  • Maximum possible fine: $10,000

  • Maximum possible jail time: 20 years

• More than $300,000

  • Offense: First-degree felony

  • Maximum possible fine: $10,000

  • Maximum possible jail time: Life imprisonment

Further information about the penalties regarding counterfeiting currency and goods is available online on the Texas State Law Library website.

Can Defendants Have Their Counterfeiting Currency or Goods Charge Expunged in Texas?

Under the law, defendants can file a petition to have the counterfeiting currency or goods charge expunged, ensuring a clean criminal record.

That said, not everyone is eligible for expunction. There are certain requirements that defendants must meet before they can file a petition for expungement. The legal process is also challenging to navigate, which is why it's crucial for affected parties to work with an experienced criminal defense attorney. They can also be helpful when figuring out how to expunge cybercrime charge in Texas.

What Are the Eligibility Requirements for Expungement in Texas?

To be eligible for expungement in Texas, defendants must meet the following requirements:

1. An Arrest

An arrest could be custodial or non-custodial, which means that the law enforcement agency may make the arrest or issue a citation. In the latter, the defendant must appear in court at a scheduled date.

2. Case Dismissal

The defendant's case must be dismissed before they can file a petition for expungement in Texas. This can happen in the following three ways:

• Acquittal by the appellate court: The trial court or the Court of Criminal Appeals can dismiss a case if the defendant is not found guilty of the alleged offenses.

• Pardon by the governor of Texas: The governor of Texas may pardon the defendant after a conviction as long as there are no other charges against them.

• Release of charges: The criminal justice system releases the defendant of the charges against them if it doesn't result in a final conviction or there are no pending charges. Under the Code of Criminal Procedure Chapter 42A, a case dismissal may occur if the offender is only facing a Class C misdemeanor.

3. Other Requirements

Texas law also requires defendants to meet at least one of the following criteria to be eligible for expunction:

• No grand jury indictment or criminal information

• The dismissal of the indictment due to false information or fraud

• The completion of pre-trial diversion

• The expiration of the statute of limitations

How to Expunge Counterfeiting Charge in Texas

Here are the steps that defendants must follow if they wish to expunge counterfeiting charges in Texas:

1. The defendant must determine eligibility before they can file a petition for expungement. An experienced criminal defense attorney can help by assessing the facts surrounding their case.

2. If the defendant is eligible, they must file a petition for expunction with their local district court. The Texas Office of Court Administration requires the applicant to complete the relevant forms, which are available online.

3. After completing the paperwork, the defendant must pay the statutory filing fees. If they cannot afford it, they can request a fee waiver.

4. The court will schedule a hearing date, which the defendant must attend. During this session, the judge will assess the case and the defendant's criminal history before deciding on the expungement. While this legal process is not always available, a skilled criminal defense attorney can build a strong case and increase the chances of having the charges removed.

5. If the judge doesn't expunge the charges, the defendant may apply for a nondisclosure (Subchapter E-1 of the Texas Government Code), which hides their criminal history from the public. However, it may still be accessible by law enforcement and criminal justice agencies.

Without having their criminal record expunged or obtaining an order of nondisclosure, felony and misdemeanor offenses remain permanently on a defendant's record, even after a case dismissal or completed deferred adjudication. This is why it's essential to reach out to an experienced attorney to take the right steps. For more information, our criminal lawyers in Fort Worth may be able to help.

A key thing to remember is that not all criminal offenses are eligible for expunction, and these include the following:

• Domestic violence offenses

• Murder

• Sexual offenses

• Human trafficking

• A fatal hit-and-run

Alternatives to Expunction in Texas

A defendant may avoid a conviction in Texas by pleading guilty. Those who have successfully completed deferred adjudication will not have a conviction on their criminal record, but they may still have to face the consequences, which may include fines and imprisonment.

Sparks Law Firm Can Help Remove Convictions from State and Federal Records!

Whether you're facing counterfeiting currency or goods charges, our law office in Ft. Worth, Texas, can help clear your criminal record. Call us to schedule a free consultation with our experienced criminal defense attorneys and learn more about your legal options!