Expungement Lawyer in San Antonio, TX

Once the handcuffs are placed on you, both your freedom and future hang in the balance. Even if you are acquitted on all charges, collateral consequences will apply. Having an arrest or charge on your record can present challenges when it comes to getting a job, taking out a loan, or obtaining custody of your children. While you cannot undo the past, you may be able to have the offense cleared from your record in the form of an expungement.

At Cook Law Firm & Associates, PLLC, we understand the gravity of a criminal offense. Nobody should face long-term consequences due to a past transgression. If you are facing criminal allegations, you need to speak with our dedicated defense lawyer.

What Criminal Records Can Be Expunged in San Antonio, TX?

Not every crime is eligible for expungement, and Texas courts are selective about which offenses qualify. These include:

• Class C misdemeanors that resulted in deferred adjudication (a type of probation that results in charges being dismissed)
• If your charges were dismissed
• If your case was acquitted by the Texas Court of Criminal Appeals
• An arrest that never resulted in a charge or conviction
• If your offense was a juvenile misdemeanor
• If you completed a pretrial diversion program
• The Governor pardoned you based on actual innocence

Under the Texas Criminal Code, you are entitled to a mandatory expungement if you have been placed under arrest for a felony or misdemeanor, and any of the following apply:

• You have been released.
• The charge is no longer pending and has not resulted in a conviction.
• There was no court-ordered community supervision (probation) under Chapter 42A for the offense, other than for a Class C misdemeanor.

Process of Getting an Expungement

The state of Texas imposes waiting periods for when you are eligible to file for an expungement. Even if there were no charges, according to the Tex. Code Crim. Proc. Art. 55A.052, the following waiting periods apply for each criminal offense:

• 180 days for Class C misdemeanors
• One year for Class A and Class B misdemeanors
• Three years for felony offenses

If charges were brought against you, then you will be required to wait for the statute of limitations to expire for each crime before applying for an expungement. If you are innocent, you will want representation that can demonstrate to the court your complete lack of involvement in your alleged offense. Navigating the court process requires in-depth knowledge of legal procedures. Even one error in filling out paperwork or missing a form can result in your expungement application being denied.

This is entirely avoidable with our experienced San Antonio expungement lawyer in your corner. If your application is approved, you can ask the court to remove the arrest or charge from your record permanently. This will give you the fresh start that you desperately need, affording you the same opportunities that others enjoy.

Benefits of Getting an Expungement

An expungement will erase your arrest record and other court files associated with your case. Of course, if your crime does not qualify for expungement, alternative processes such as nondisclosure (having your records sealed) may apply. Again, certain offenses are not eligible for nondisclosure, with these restrictions applying to your entire criminal history. Never wait to contact Attorney Justin D. Cook to review your options.

Reach Out to Our San Antonio Expungement Lawyer Today

Law enforcement and the courts are not immune to making mistakes. A criminal record poses long-term issues, preventing a person from fully reentering society. If a criminal offense is holding you back, The Cook Law Firm & Associates PLLC would like to speak with you. To schedule your consultation with our San Antonio expungement attorney, contact us online or by calling (210) 740-0281 today.