How to Expunge Embezzlement Charge in Texas

An embezzlement could either be a misdemeanor or a felony, depending on the facts surrounding the criminal case. While most defendants believe that imprisonment or paying fines are the worst consequences they can face, the repercussions of this crime can have a lasting impact on one's life, career, and financial situation.

Fortunately, Texas law allows offenders to file a petition for expunction, which can hide their criminal record like nothing ever happened. Since the convictions remain hidden from the public, it provides the defendants with a new lease on life.

If you're facing an embezzlement charge in Ft. Worth, Texas, you should reach out to Sparks Law Firm and our criminal defense attorneys. We have the expertise and skills to assess your case and determine whether you can file a petition for expunction. We can also advise on how to expunge cybercrime charge in Texas.

What Is Embezzlement in Texas?

Under Texas criminal law, embezzlement is a white-collar crime that involves an employee unlawfully taking or stealing money or assets from their employer for personal gain. However, the definition is not limited to an employee-employer relationship.

An embezzlement can also involve fraudulent appropriation of property by someone who has been entrusted with it. It may include greedy financial or legal advisors who are responsible for moving or transferring funds for their clients.

What Are the Penalties for Embezzlement in Texas?

Under the law, embezzlement could be a misdemeanor or felony, depending on the value of the crime committed. The penalties vary according to the amount stolen, and these are as follows:

• Up to $1,500

  • Offense: Misdemeanor

  • Maximum jail time: One year

• Between $1,000 and $20,000

  • Offense: State jail felony

  • Maximum jail time: Two years

• Between $20,000 and $100,000

  • Offense: Third-degree felony

  • Maximum fine: $10,000

  • Maximum jail time: 10 years

• Between $100,000 and $200,000

  • Offense: Second-degree felony

  • Maximum fine: $10,000

  • Maximum jail time: 20 years

• Over $200,000

  • Offense: First-degree felony

  • Maximum fine: $10,000

  • Maximum jail time: 99 years

It's important to note that whether the defendant commits a Class C misdemeanor or a first-degree felony crime, the criminal charges remain on their record forever unless they file a petition for expunction.

Is Everyone Eligible for an Expunction in Texas?

An expungement is only available to certain defendants. There is a criteria requirement that offenders must meet before they can file for a petition to have the charges removed from their criminal history, and these include the following:

• The defendant must be facing a custodial or noncustodial arrest.

• The defendant's case was dismissed by acquittal, pardon, or release of charges (no final conviction).

In addition to the above two requirements, the defendant must meet any of the following conditions:

• No grand jury indictment or criminal information before the waiting period expires

• The court dismisses the indictment due to false information or fraud

• The completion of pre-trial diversion

• The expiration of the statute of limitations

Under Chapter 55 of the Texas Code of Criminal Procedure, alcohol-related crimes committed by minors and any convictions arising from identity theft are also eligible for expunction. For more information, our criminal attorneys in Fort Worth may be able to help.

How to Expunge Embezzlement Charge in Texas

Those looking to have their embezzlement charges expunged in Texas should follow the steps below:

Step 1: File a Petition for Expunction

Before filing a petition for expunction, it's important for the defendant to assess whether they are eligible. An experienced criminal defense attorney can go over the facts surrounding their case to determine eligibility.

If a defendant meets all of the requirements of an expunction, they can file a petition with the local district court. It's essential to fill out the forms (available online) properly before serving the documents according to the legal process.

There is a small filing fee that the defendants must pay. They can fill out a waiver form if they don't have the financial means to cover these legal costs.

Step 2: Attend the Court Hearing

After the court receives the petition for an expunction, it will set a hearing where a judge will go over the paperwork before determining whether to accept the appeal. They may also look into the defendant's criminal record prior to making a decision.

Once the applicant receives approval, they must send copies of the written order to the law enforcement and criminal justice agencies to delete the said offense from their criminal record.

Step 3: Monitor Public Records

Having one's criminal record expunged can take a couple of months. During this time, it's advised that the defendant regularly check public databases to see whether the relevant agencies have updated them.

Who Is Not Eligible for Expungement in Texas?

While there are specific requirements that one must fulfill to have their criminal charges expunged, not all offenses may qualify for this legal process. Some of these may include the following:

• Murder

• Offense involving family violence

• A fatal hit-and-run

• Sexual offenses

• Human trafficking

It's important to note that since expunction may not be available to everyone, defendants should explore other legal options, such as a nondisclosure order.

Who Can Apply for a Nondisclosure in Texas?

The expungement process can be challenging to navigate even without a criminal conviction. When filing a petition for expunction fails, defendants may consider applying for a nondisclosure. This criminal procedure removes all charges from one's criminal record forever.

However, a nondisclosure order is only available to those who have completed deferred adjudication. That said, defendants may still have to face the consequences of their actions, which may include completing jail time and paying fines.

Sparks Law Firm Can Help Defendants Navigate the Intricate Texas Expungement Laws!

For individuals charged with embezzlement in Texas, criminal records can harm their reputation, career opportunities, and personal relationships. These charges may remain part of their criminal history unless they file a petition for expunction or nondisclosure. Our team is also able to assist with how to expunge tax evasion charge in Texas.

At Sparks Law Firm, we have helped thousands of defendants by protecting their rights and ensuring the best legal representation in Ft. Worth, Texas. Depending on your arrest records, we can help you file a petition for expunction or nondisclosure.

Work with Sparks Law Firm to take back control of your life. Call us to schedule a free consultation with an experienced criminal defense attorney to discuss your case today!