How to Expunge Tax Evasion Charge in Texas

Taxes help fund public works and services, allowing the federal and state governments to invest and maintain infrastructure across the country. It's often used for the betterment of the economy and the citizens.

However, many people, including businessmen, use loopholes in the law to evade paying taxes. This can lead to lower revenue collection, putting a financial burden on the economy and its people. To ensure everyone plays their role in improving the country and its infrastructure, Section 7201 of the US Internal Revenue Code makes it a federal crime to evade taxes.

A criminal record can adversely impact one's life in many aspects. From reduced employment opportunities to hefty fines, jail time, and other penalties, there are severe consequences for violating federal laws.

Fortunately, affected parties can work with Sparks Law Firm and our criminal defense attorneys to have all the charges expunged and ensure a new lease on life. Contact us to discuss your case and learn more about your legal options. We also have information on how to expunge embezzlement charge in Texas.

What Is an Expungement Under Texas Law?

Under Texas law, people can have their criminal charges removed from all public databases through an "expunction." While this process may sound simple, navigating the intricacies of having one's criminal record expunged is far more challenging, often riddled with legal obstacles.

Another important thing that's worth keeping in mind is that not everyone is eligible for expunction. Due to the complex nature of expungement laws, it's crucial for affected parties to reach out to an experienced criminal defense attorney for further guidance.

Criminal History and Texas Expungement: Who Is Eligible?

Sometimes, prosecutors may expedite criminal procedure without following the proper legal process. In other cases, law enforcement officers may wrongfully arrest an individual for an offense they didn't commit. When that happens, the affected party can have all of the charges removed from their criminal history and state records.

Under Texas law, a person may have their criminal record expunged as long as they fulfill the three basic requirements of expunction. According to Chapter 55 of the Texas Code of Criminal Procedure, these include the following:

1. An Arrest Took Place

While most people believe that an arrest refers to holding the offender in custody and taking them to jail, that's not always the case. It can also mean non-custodial arrest, whereby an individual has the right to appear in court and contest the charges against them.

The first basic requirement to be eligible for expungement is a custodial arrest or responding to a citation.

2. The Court Disposed of the Case

A person can file for an expunction if the court dismisses their case. There are three ways this can happen, and these are as follows:

1. Acquittal: The trial court or the Court of Criminal Appeals listens to and dismisses the case without any convictions. This could happen due to a lack of evidence or failure to follow proper criminal procedure.

2. Pardon: Under Texas law, the governor may grant a pardon. This can happen when a judge convicts a person and later accepts the pardon, removing all of the charges against them arising from the same criminal episode.

3. Release: In some cases, the court or judge may ask to release the arrested person if no final convictions or charges are pending. A key thing to remember here is that the offender should not have court-ordered community supervision for an offense other than a Class C misdemeanor.

   
   

3. Fulfills Any of These Three Requirements

Besides the abovementioned conditions, the affected party must also fulfill any of the following three conditions to apply for a Texas expungement:

1. The offender has no grand jury indictment or charges filed against them. Under the Texas code, it's essential for the waiting period to pass before filing an expungement. This is typically 180 days for a Class C misdemeanor, one year for a Class A and B misdemeanor, and three years for a felony. The state attorney has discretion in determining whether state records are required for criminal investigation.

2. The court finds fault or a mistake in the criminal charges filed against the offender, resulting in a case dismissal.

3. The offender completes a pre-trial diversion, which is an alternative to a guilty plea.

4. The statute of limitations for the criminal case has expired.

   
   

How to Expunge Tax Evasion Charge in Texas

Whether the offender completed their deferred adjudication probation or was not found guilty, the offenses in their criminal record may remain there and show up in background checks. It's essential to take the right steps to expunge tax evasion charges, and these include the following:

1. File an Expungement Application

When a criminal case concludes, the defendant has the opportunity to file an expungement application as long as they meet the eligibility criteria. They must gather all necessary documents from the prosecutor's office or court records to prepare the paperwork.

Defendants must file an expungement application with a court clerk or district attorney with proper jurisdiction over the criminal case. There is a small fee to pay, which can be waived under certain circumstances.

2. Attend Court Hearing

After filing a petition, there may be a court hearing where the attorney general's office or the district attorney will view the documents to determine eligibility. It's important to understand that an expungement is not always guaranteed and is often decided by the judge.

3. Wait for the Outcome

Following the submission of the documents, the court will decide whether to expunge the tax evasion charges. If it rules in favor of the defendant, the judge will issue an order to physically destroy the criminal records pertaining to the offense.

It can take several months for law enforcement and criminal justice agencies to receive the court order and follow the directions mentioned. Defendants must regularly check public records to see if the criminal conviction has been expunged.

Is There an Alternative to Expunction in Texas?

Expungement may not always be available, especially if criminal and arrest records show a conviction. In such situations, the defendant may apply for a non-disclosure, which hides criminal records from the public eye. However, law enforcement and certain government agencies may still be able to access this information. For more information, the best criminal defense law firm in Fort Worth may be able to help.

Under the Texas Government Code, Chapter 411, Subchapter E-1, there are certain eligibility requirements that defendants must fulfill in order to be eligible for a non-disclosure order, and one of them includes completing deferred adjudication.

Certain criminal convictions may not be eligible for non-disclosure, and these include the following:

• Capital murder

• Human trafficking

• Child abandonment and endangerment

• Violation of a court order

• Family violence offenses

Remove a Criminal Conviction from State or Federal Records with Sparks Law Firm!

If you're facing tax evasion charges, Sparks Law Firm can help. We have extensive expertise and skills in filing expungement petitions and non-disclosures, assisting defendants in getting out of legal trouble for mistakes made by them or the criminal justice system.

Call us to schedule a free consultation with experienced legal counsel and protect your life, career, and financial opportunities from a tainted past.