Expungements Criminal & DUI/DWI Defense in Texas and Colorado

Houston Expungement Attorney

Facilitating Second Chances for Over 20 Years

A criminal record can rob you of their freedoms and opportunities, but expungement can grant them a second chance. Jim Medley Defense Lawyer is dedicated to helping clients get their lives back. We take the time to review every detail of your case to create a strategy based on sound legal counsel and extensive experience in and outside of the courtroom. Attorney Jim Medley is a fierce defender and can help you pursue a brighter future.

Call our Houston expungement attorney at (713) 766-1711.

What Is Expungement in Texas?

Expungement is the legal process of sealing criminal records. Once a crime is expunged, it is permanently concealed from the general public, including landlords and employers. A person also gains deniability through expunction – they may deny that the criminal incident ever existed.

In Texas, a person convicted of an offense higher than a Class C Misdemeanor does not qualify for expungement. Those convicted of violent crimes, felonies, and capital crimes are also not candidates for expungement.

Crimes that qualify for expunction include:

  • Arrests for crimes that were never charged
  • Conviction of a minor for alcohol offenses
  • A criminal charge that was later dismissed
  • Convictions for truancy
  • Certain misdemeanor juvenile offenses
  • Convictions for a crime that was later acquitted during trial
  • Convictions for crimes that were later pardoned by the Texas governor or the U.S. President
  • An arrest, charge, or conviction on someone’s record due to identity theft

While these circumstances often qualify for expunction, not all cases meet the criteria. Some aggravating factors may impact whether a crime can be removed and how the person convicted of a crime may appeal or apply for expungement.

Special Circumstances for Expunction

In some cases, special circumstances may justify expunction. In some cases, you may be arrested but never charged. There is a limited period of time between arrest and arraignment where the prosecutor must file charges with the court, and if they fail to meet the deadline, you could qualify for expunction.

In rare cases, the prosecutor will recommend an expunction to the court before the trial. While this does not happen often, the prosecutor may see the potential for the accused to remain in society. The court can reject or accept their recommendation on a case-by-case basis.

For juvenile offenses, especially misdemeanors, minors could qualify for expungement. This may happen with juvenile offenders who are now adults or committed an alcohol-related crime or truancy. In most cases, a juvenile expungement case is handled like an adult case, and the individual must go through the process of applying for expunction.

Relatives of deceased people may apply for expunction on behalf of their deceased relative. The same rules apply in terms of conditions for expunction, and the court will determine whether the deceased person would be entitled to expungement.

Applying for Expungement

To apply for expungement, you must file a Petition for Expunction with the district court and request that the court grant an Order for Expunction. The petition must include information about the crime you want to erase and documentation to support your application.

In addition to documentation and details related to the crime, you must provide:

  • Identifying information
  • The offense charged (if charges were filed)
  • The date of the arrest
  • The name of the arresting agency (local police, state police, etc.)
  • A comprehensive list of facilities or agencies with records of the arrest

Your petition must be notarized and should contain a notice of hearing so the court can schedule a court date. If the court grants an expunction, you will need to present an Order for Expunction to the court.

Applying for expunction is complex, and the court may not approve your request. You should never attempt to file a petition or pursue an expunction without the guidance of a qualified attorney.

Helping You Get a Fresh Start

Jim Medley Defense Lawyer is committed to legal excellence and fierce advocacy. Our firm provides a variety of legal services, from expungement to DWI defense and more. Attorney Medley has dedicated his career to protecting those who need it most. His experience as a police officer turned defense attorney enables him to provide unique insight into the criminal justice system backed by in-depth knowledge of forensics and the law.

Don’t wait! Entrust your case to our Houston expungement attorney and schedule an appointment with Jim Medley Defense Lawyer, today.

Testimonials from Clients

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  • You will not regret your decision.

    “I highly recommend Jim Medley and his team. My brother was looking up a lawyer to represent me when I found myself in need. Upon his searching he had contacted Jim Medley for me due to his reputation and for that I am glad.”

    - Jesse S.

Experience You Can Trust

Why Hire Jim Medley?
  • Over 10 Years' Experience as a Police Officer
  • Masters Degree in Criminal Justice & Forensic Toxicology
  • Over 30 Years of Experience in the Justice System
  • Hundreds of DWI/DUI Cases Dismissed
  • Instructor of Police Sobriety Tests & Former Police Academy Instructor
  • Professor of Criminal Law

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