How to Expunge Trespassing Charge in Texas: A Step-by-Step Guide

Being accused of trespassing is pretty serious. Even if there was no final conviction, evidence of an arrest can have a damaging effect on a person's personal and professional life.

It limits their access to housing, employment, professional licenses, education, and more. Fortunately, having a criminal record expunged offers those accused of trespassing a chance to get their lives back.

While the process may appear fairly simple, it's often a lot more complex. To make it a little less intimidating, we have created a step-by-step guide on how to expunge a trespassing charge in Texas.

What Is Expunction?

Expunction or expungement is a legal process that allows certain people to erase criminal records from public databases. This prevents them from having a negative impact on their reputation or ability to gain access to housing and employment opportunities.

It is important to note that not all cases qualify for expunction in Texas, so it is essential for those interested to get in touch with a reliable attorney. They may also have information on how to expunge curfew charge in Texas.

The Difference Between an Expunction and Non-disclosure Order

While they certainly do share similarities, these two options to clean up a criminal record are different. Expunction ensures that all documents related to a crime are completely erased from a person's criminal record.

It's as if the event never occurred, and those who have successfully had a record expunged can legally say that it never happened. However, a non-disclosure order simply hides it from certain parties.

While it may not be readily available to the public, a record that has been hidden with the help of a non-disclosure order can still be viewed by government entities, licensing organizations, and more.

Hiring a Reliable Attorney Can Make a World of Difference

The truth is that ensuring that the expunction process runs smoothly can affect the course of one's life. At Sparks Law Firm, we understand this, which is why we are committed to offering dependable legal services.

We have a comprehensive understanding of Texas expungement laws and can guide offenders through the process successfully to clear their names.

Our attorneys understand that removing a criminal offense from public records can be incredibly stressful, which is why we are committed to treating every client with dignity and respect.

Who Is Eligible for Expunction, According to Texas Law?

Clearing criminal charges starts with determining eligibility. The truth is that this legal process is not available to everyone who was accused of trespassing.

Typically, a number of factors, such as whether this was the offender's first and only crime, are taken into consideration when deciding whether to grant the application.

This is why it is critical that those who think that they may qualify contact a reliable lawyer for case-specific guidance and insight. They can also help with how to expunge truancy charge in Texas.

In general, the following people may qualify for a trespassing record expungement:

• Someone who was arrested, but no formal charges were filed against them.

• Certain juvenile offenses were committed.

• The statute of limitations for filing charges against the person has passed.

• Charges against the offender were acquitted.

• The person received a pardon from a governor or the president.

  
  

Keep in mind that if the case ended in a final conviction, deferred adjudication, or regular community supervision, then it may not qualify for an expunction. However, it may be eligible for a non-disclosure instead.

Moreover, in order to file a Petition for Expunction, the waiting period for that crime must have passed:

• Felony conviction - three years

• Class A misdemeanor offense - one year

• Class B misdemeanors - one year

• Class C misdemeanor offense - 180 days

  
  

How to Expunge Trespassing Charge in Texas

Once the waiting period is over, applicants may begin the expunction process:

Step 1: Consult a Legal Representative

The first step is to get assistance from an experienced criminal defense lawyer. They can offer insight into the legal process and guide the applicant through this criminal procedure.

Sparks Law Firm offers a free consultation to candidates so that they can discuss their options with an experienced advocate.

Step 2: Filing the Petition

The attorney will then help the client gather all documents pertaining to the Texas criminal record. They will then prepare and file a Petition of Expunction with the relevant court. Keep in mind that certain court costs will apply.

Step 3: Attend the Hearing

Sometimes, the judge will call the offender in to present their case in court. The attorney will provide valuable evidence to demonstrate why their client deserves to have the petition approved.

Step 4: Wait for an Outcome

The court will then communicate the outcome to the applicant's attorney, and if successful, the relevant agencies and databases will be contacted and notified of the expungement. Thereafter, the record will no longer appear when a background check is conducted on the individual.

Expert Legal Assistance in Fort Worth, Texas

Having a criminal record expunged in Texas is a big deal for those who have been subjected to the damaging effects of a trespassing accusation. Having all evidence of the event removed from their record can be a major step in the right direction.

Sparks Law Firm has been helping people clear their criminal records for many years and has the expertise to guide applicants through the legal process.

To schedule a free consultation with one of our advocates, those who think they may be eligible should contact us to schedule a free consultation!

Frequently Asked Questions

1. Is expunction the same as record sealing?

No, they are not the same. Expunction completely erases a record from an offender's criminal history, while record sealing simply hides it. Licensing agencies, criminal justice agencies, and more may have access to it, which could have a continued negative effect on the person's quality of life.

2. Will traffic violations or disorderly conduct affect a person's ability to get an expungement in Texas?

This will depend on the nature of the violation or conduct. Minor offenses will generally not have an effect on an individual's eligibility for an expungement.

However, if the activity resulted in a criminal conviction, it will likely have a negative effect on the outcome. For case-specific advice, it is advisable for applicants to approach one of our expert legal representatives.