How to Expunge Federal Crime Charge in Texas: A Guide

Texas law has a tough stance against crime. As such, criminal charges of any kind can have a serious and lasting impact on the offender.

Besides the immediate punishment, such as paying fines or serving time in jail, there are also the long-lasting consequences of having a dark criminal history.

When the convictions are for federal crimes, offenders can face difficulties in many aspects of their lives. This is why getting an expungement is something every convicted felon needs to look into.

In Texas, such an expungement is not always easy without an experienced attorney. Fortunately for the residents of Ft. Worth, there is one right on their doorstep. They can assist with how to expunge a child endangerment charge in Texas as well.

Sparks Law Firm has been helping clients get their criminal records expunged for many years. Whether convicted for simple Class C misdemeanors or something a lot more serious, such as felony convictions or sex offender registration, help is available.

What Is a Federal Conviction?

When a person is found guilty of a crime under the United States federal law, they face a federal conviction. This is usually reserved for serious crimes that are investigated by federal agencies, such as the DEA and FBI, and prosecuted in federal court.

Federal crimes are those that violate U.S. federal laws, which are signed by the president after being enacted by the United States Congress.

Some common examples of federal offenses include certain violent offenses, immigration violations, fraud, and drug offenses. If found guilty of any such crimes, a complex sentencing system will determine the appropriate sentencing, in addition to having a criminal record.

Why Is It Important to Get a Record Expunged?

While not all criminal records can be expunged, it is always important to try. This is because, in the U.S., it has become the norm to run a background check on a person before hiring them for a job, allowing them to lease an apartment, or awarding them a license for certain jobs or trades.

As such, any arrest records, especially for a serious federal criminal offense, could easily derail many aspects of a person's life. However, with the right attorney, this does not have to be the case.

How to Get a Federal Criminal Record Expunged

There is a difference between how federal criminal records are managed compared to state records. This is one of the reasons why getting a federal criminal record expunged is not always possible. Any attempts often meet a lot of legal hurdles while navigating a pathway that is straightforward.

As such, when assisting a client with a federal conviction, an experienced attorney may need to look at alternative remedies, such as:

Sealing of Records

While a general process for the sealing of federal records may not exist, specific statutes can provide a bit of relief for offenders. Lawyers may use the Second Chance Act, for example, which would allow the records of an offender to be sealed for some non-violent drug offenses.

Judicial Review and Relief

In the aftermath of a federal conviction, a good lawyer can try to get a judicial review by looking for legal errors made by the court administration or law enforcement agency handling the case.

This will not result in an expunction order being given, but it may provide an opportunity to have the conviction overturned, which would then open the door for destroying all evidence of the criminal record.

Pardon

One of the most effective remedies for a federal conviction is a presidential pardon, which removes the legal consequences the offender has to face.

However, obtaining a presidential pardon is very complicated, and for most offenders, the chances of this would be very slim. This is because the attorney would have to petition the president and demonstrate that the convicted felon has had a significant change in character.

Also, it is a lengthy process that requires the offender to have already completed the terms of their sentencing. As such, there can be a significant waiting period if this route is taken.

Deferred Adjudication Community Supervision and Getting Charges Dismissed

The ideal scenario for anyone facing federal charges would be to have the case dismissed, which is why this is always the target for the defense attorney. If this happens, then getting all records of the arrest expunged will be much easier. For more information, our criminal defense attorneys in Fort Worth TX may be able to help.

However, if a dismissal is not possible, the next best alternative would be deferred adjudication community supervision. There is a certain eligibility criteria that the case has to meet for this option to be applied.

With deferred adjudication community supervision, also known as probation, the criminal justice system will allow the offender to avoid being convicted and, therefore, prevent a criminal record from being filed.

The offender will be placed under supervision for a specific period, during which they will have to obey all laws, report to a probation officer, and complete their allocated amount of community service.

How Can an Attorney Help With the Expunction of Criminal Records?

Even with simple misdemeanor offenses, erasing a criminal past is not always easy. A person convicted of a federal crime will face even tougher obstacles.

As such, having a good lawyer to oversee the criminal proceeding and fight for expungement is always the best option for anyone wishing to turn the page and start afresh without anything hanging over their head.

Sparks Law Firm is ready to help any Texas residents looking for ways to expunge their federal crime charges. A free consultation can be set up by calling now.

Frequently Asked Questions

FAQ 1 - Is It Necessary to Go to Court to Get a Record Expunged?

Yes, in most cases, it is required that the person petitioning the court for an expungement be present at the hearing. However, in some cases, a judge or court may allow the offender's legal representatives to appear on their behalf.

FAQ 2 - Are There Any Court Costs When Getting an Expunction?

Certain fees have to be paid to get records expunged and to notify various agencies of the ruling. These vary by county, so the district court clerk will have to be approached for the required amount.

FAQ 3 - Will the Court Automatically Approve an Expungement?

Getting records expunged is not an automatic process. The case has to meet all the eligibility requirements. Even then, the prosecutor may oppose the expungement for various reasons. As such, offenders need a good lawyer on their side when petitioning for an expungement.