How to Expunge Robbery Charge in Texas: Everything to Know

Robbery is a serious crime, one that can have serious consequences for those who are convicted. However, sometimes a person is wrongfully accused, or their case is dismissed. In such cases, the individual should not have to suffer the same repercussions as someone who was convicted.

Fortunately, having a criminal record expunged offers relief from the damaging effects on the individual's personal and professional life.

This article aims to shed light on the expunction process to make it a little less intimidating to those hoping to get back on their feet after a robbery conviction.

What Is "Expunction" or "Expungement?"

Expunction, also sometimes referred to as expungement, is a legal process designed to remove a criminal record from public view.

The truth is that a criminal history can have a negative impact on a person's quality of life and affect their access to housing and employment opportunities. Fortunately, hiding the record of a criminal charge or arrest from the public can allow the individual to get their life back.

Once the expunction process is completed successfully, the individual can legally deny the criminal charges. Unlike record sealing, which simply restricts access to arrest records, expunction removes them from public view.

Why Get a Criminal Record Expunged?

A criminal record can do more than just tarnish a person's reputation. It can also limit their access to housing and employment opportunities and prevent them from obtaining certain professional licenses.

The truth is that most employers conduct background checks on candidates before hiring them, and the opportunities for those with a criminal record are incredibly limited. A robbery charge is particularly damning because no one trusts a thief with their property.

Moreover, universities and colleges often run background checks before allowing applicants access to education. A criminal conviction could result in the application being denied. Landlords and property managers also tend to reject potential tenants with a criminal record.

Having a record expunged opens the doors to the opportunities mentioned above. It also restores a person's social standing, removing the stigma around them and helping them get back onto their feet.

Who Is Eligible for Expunction, According to Texas Law?

The truth is that not everyone can have a record expunged. Texas law specifies the conditions for the process to be successful. A person may be eligible for expungement if:

• They were acquitted or found not guilty of the crime in a trial court.

• There was an initial conviction, which was later pardoned.

• No indictment was filed against them, and the waiting period has passed.

• The statute of limitations has passed.

• They received a pardon from a government agency.

  
  

Keep in mind that the waiting period will vary, depending on the nature of the crime.

• Felony - three years

• Class A Misdemeanor - one year

• Class B Misdemeanor - one year

• Class C Misdemeanor - 180 days

  
  

The Importance of Consulting a Reliable Criminal Defense Attorney

Even in the conditions mentioned above, certain conditions must be met. Suppose the statute of limitations has not expired or the charge resulted in deferred adjudication for certain offenses. Even so, an expunction may not be available.

Moreover, it's also important to remember that individuals with felony convictions typically do not qualify for expunction, although other forms of relief, such as non-disclosure, may apply.

Because expunction laws are incredibly complex and tend to change depending on individual circumstances, it is essential to consult with a qualified criminal defense attorney for expert advice and guidance. They also assist with how to expunge truancy charge in Texas.

How to Expunge Robbery Charge in Texas

Having a crime expunged in Texas can often seem incredibly intimidating. Fortunately, we have broken it down to help candidates navigate the legal process.

Step 1: Determine Eligibility

Expunction is not available to everyone who was accused or convicted of a robbery. The first step is for applicants to contact an experienced criminal defense attorney to find out whether they qualify.

Step 2: Gather the Relevant Documents

Thereafter, the attorney will advise the individual about which documents they will need to have to proceed with the application. This will likely include court records, acquittal paperwork, personal identification documents, and more.

Step 3: File a Petition

Once the relevant paperwork has been obtained successfully, it's time to file an expunction petition with the district court. It should include all the necessary details pertaining to the case.

Step 4: Attend a Court Hearing

When the judge receives the petition, he or she will review it and call the applicant in for a hearing. During this court appearance, the individual's advocate will offer reasons why their client should be granted the expunction.

Step 5: Receive the Outcome

After hearing what the candidate has to say, the judge will make a decision. If the application is successfully granted, the relevant institutions will be notified, and the information pertaining to the case will be erased from public records.

Get Expert Representation from an Experienced Criminal Defense Attorney in Fort Worth, Texas

Navigating expungement in Texas begins with having dependable legal representation. At Sparks Law Firm, we understand that having a robbery record expunged is the difference between moving forward or being held back by a past mistake.

Our experienced legal team is committed to offering reliable representation and providing dependable guidance throughout the expunction or criminal appeals process. To learn more, applicants are encouraged to schedule a free consultation with us.

Frequently Asked Questions

1. Are there court fees involved for an expunction?

Yes, there are. In addition to filing fees and court costs, applicants will also have to pay attorney fees for expert representation. It's important for individuals to talk about the associated costs with their lawyer at their initial meeting so that they can plan accordingly. At Sparks Law Firm, we offer free consultations to help candidates learn more about their options.

2. Will those who have successfully completed deferred adjudication be eligible for an expunction?

No. Those who were ordered by the court to complete deferred adjudication may not pursue expunction. Instead, they could qualify for a non-disclosure order. It’s best to talk to one of our attorneys for case-specific advice.

3. If the case led to a final conviction, can the convict pursue an expungement?

Unfortunately, those whose crime has resulted in a final conviction will not be granted an expungement in Texas.