Smith County Expungement Lawyers
Serving Cherokee County, Van Zandt County & the Surrounding Areas
Having a criminal history can cause serious problems for your ability to find housing, employment, and loan opportunities. At Rollings Wood & Pace, we understand how tough it can be to have a smear on your reputation, so our Smith County expungement lawyers are here to help you get the best chance at a successful future.
What Is Expunction?
In Texas, expunction, or expungement, involves a crime being legally erased from someone's crimingal record. While not all crimes are eligible to be expunged, Texas Code Chapter 55 provides for four general categories of expunctions:
- acquittals and pardons
- dismissals and no-bills
- discretionary expunctions
- identity theft
Speaking with a knowledgeable expungement attorney can help you better understand the conditions for expungement, so call Rollings Wood & Pace for a free consultation about your case. We can explain your situation to you in detail to help you understand how to proceed.
Motion to Seal Court Records
Record sealing is a process in which the court prohibits your criminal history from being accessed by the public. Record sealing is separate from expunction in that when your criminal history is expunged, it is effectively destroyed and can’t be released, but when it is sealed, certain agencies may still have access.
If the record is successfully sealed, on job applications, you don’t have to respond that you’ve been convicted of an offense.
The court or a criminal justice agency may disclose your record to government organizations, which include, but are not limited to:
- Criminal justice agencies that are doing licensing processes
- Public and private schools
- Texas Medical Board
- State Bar of Texas
- Department of Family and Protective Services
To have your record sealed through an order of nondisclosure, you must meet the following criteria:
- You pled guilty or nolo contendere to the offense in question
- The judge deferred adjudication and placed you on court supervision
- You successfully completed supervision, and the case was dismissed
- The offense is one that qualifies for nondisclosure
- You were not convicted of or placed on community supervision for another offense during a specific time period
For qualifying felony offenses, you must wait 5 years after you completed deferred adjudication to file for record sealing. Misdemeanors under Texas Penal Code Chapters 20, 21, 22, 25, 42, and 46 have a 2-year waiting period before you can petition for nondisclosure. For all other misdemeanors, you can request to have your record sealed immediately after your case is dismissed.
Unfortunately, offenses in the following three categories never qualify for record sealing:
- Violations of Texas Penal Code 19.02, 19.03, 20A.02, 20A.03, 20.04, 22.04, 22.041, 25.07, 25.072, 42.072
- Those that require sex offender registration
- Those involving family violence
Our team can help you fully understand the record sealing process and whether or not your offense qualifies for this type of relief.
Guidance throughout the Entire Process
Obtaining an expungement or record sealing requires careful planning and preparation. There are forms to submit and fees to pay, so doing it right the first time is important. Rollings Wood & Pace can help you tell your side of the story and help persuade judges that you deserve a future without a criminal record.
The purpose is to provide a remedy for people who have been wrongly arrested. With thousands of cases handled and a strong reputation within the legal community, our team is confident in our ability to give you the best chance at a favorable outcome.
Call (903) 408-3332 today to get started. Our Smith County expungement attorneys offer free over-the-phone consultations.
Accessible to Our Clients
Client satisfaction is our top priority. We are always available to assist our clients in their time of need.
We Truly Care for Our Clients
We are a compassionate and family-oriented firm. We take pride in getting to know our clients and how to best tell their story.
Go-To Firm for Drug Crimes
We practice in multiple facets of criminal law, however, we are known in the community as the go-to firm for Drug crimes.
Trusted & Respected
Our hard-working attorneys have gained the trust and respect of those in our community and the people we have served.