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A criminal conviction can certainly change your life. Even after you've paid your debt to society, your criminal background can certainly make it difficult to get your life back. Luckily, a good number of states give you a way to set the record straight: Expunction.

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Expungement is a legal process through which a charge or conviction could possibly be erased from a person's criminal record. Below you will see links to in-depth information on Expungement, and state-specific resources on Expungement and criminal records.

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• Expunction Basics - Introductory advice on Expungement and its legal effects.
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• Eligibility for Expunction - An arrest or conviction commonly should meet certain standards in order to qualify for Expunction.
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• The Expungement Process - A number of steps must be taken before an Expungement is granted.
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• Expungement isn't really Always an Option - Expunction isn't really available in all jurisdictions, and could possibly not be an option for some arrests or convictions.
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Expunction Basics

Expungement (also called "expunction") is defined as a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed," or erased within the eyes of the law. When a conviction is expunged, the process could possibly also be known as "setting aside a criminal conviction." The availability of Expunction, and the procedure for getting a charge or conviction expunged, will vary according to the state or county in which the charge or conviction transpired.

Legal Effect of an Expungement

An Expungement commonly means that a charge or conviction is "sealed," or erased from a person's criminal record for most purposes. After the Expunction process is complete, a charge or a criminal conviction ordinarily doesn't need to be disclosed by the individual who was arrested or found guilty. By way of example, when filling out an application for a job or apartment, an applicant whose charge or conviction has been expunged does not have to disclose that arrest or conviction.

In a good number of cases, no record of an expunged charge or conviction will appear if the potential employer, educational institution, or some other company conducts a public records inspection or background search of an individual's criminal background.

An expunged arrest or conviction is not really necessarily completely erased, in the literal sense of the word. An Expunction will ordinarily be an accessible part of a person's criminal background, viewable by certain government agencies, which includes law enforcement officials and the criminal courts. This limited accessibility is in some cases referred to as a criminal record being "under seal." In certain legal proceedings, that include during sentencing for any type of offenses committed after an Expungement, or in immigration / deportation proceedings, an expunged conviction that's "under seal" may perhaps still be considered as proof of a past conviction.

Expunction Eligibility

When Expungement of a charge or conviction is an option in a state or county, in most cases a person's criminal record has to meet certain standards in order to qualify for the process.

Whether or not a person is eligible for Expungement will normally depend on a number of factors, this includes:

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• The amount of time which has passed since the charge or conviction
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• The severity and nature of the event for that Expungement is sought (i.e. a conviction for a sex offense may very well lead to a denial of Expungement)
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• Events within the applicant's criminal record (such as arrests or convictions in all jurisdictions, not only the offender's state/county)
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• The severity and nature of various other events within the applicant's criminal record
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Special eligibility rules might exist for Expungement of arrests or convictions that happened when the offender was a juvenile, and arrests or convictions for sex offenses. I highly recommend you get in touch with the Most Qualified Houston Criminal Defense Lawyer to discuss your accessible alternatives.

The Expunction Process

Where available to persons who've been arrested or found guilty, Expungement doesn't necessarily transpire automatically, and is never guaranteed. A person seeking to have an arrest or criminal conviction expunged from their record needs to in most cases fill out an application or petition, and submit the paperwork to the proper criminal court for a judge's review and ruling. In the majority of jurisdictions, a fee must be paid in conjunction with the filing of the application.

The Expunction process might be complicated. For instance, some jurisdictions require an applicant to deliver (or "serve") papers on district attorneys, although others require the applicant to put together the legal document (or "Order of Expunction") that is going to be signed by the judge. In certain cases, a court hearing is required, after which a judge will decide whether or not to grant the Expunction.

The Finest Houston Criminal Defense Lawyer will be able to help you understand this challenging process.

Expunction is not really Always an Option

It is important to understand that Expungement of an arrest and/or a criminal conviction isn't really an option in virtually all states and counties (called "jurisdictions"). Dependent upon the jurisdiction in that the charge or conviction occurred:

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• Expunction may very well not be available at all
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• Expunction may very well be an option for arrests, but not for convictions
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• Expungement could possibly be an option only for certain criminal convictions
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• Expungement could possibly be an option only for arrests and/or convictions that occurred while the offender was a juvenile
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• Expunction may be attainable only after an individual is acquitted (cleared) of an criminal offense (i.e. charges are dismissed)
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• Expunction may perhaps be possible only when a criminal conviction is reversed (i.e. after an effective appeal of the conviction).
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In Texas, criminal record expunction or an action to seal your criminal record might help you move on with your life. There are many benefits that flow from misdemeanor or felony expunction or record sealing, including no longer needing to list a previous conviction on a job application or worrying about the conceivable consequences of an employer's discovery of your criminal record.

As an alternative to sentencing a defendant to a prison term, a judge may very well select to sentence a defendant to probation. Probation releases a defendant back into the community, however the defendant doesn't necessarily have exactly the same amount of liberty as a normal citizen. Probation comes with conditions that restrict a probationer's behavior, and if the probationer violates one of those conditions, the court will likely revoke or modify the probation.

Courts usually grant probation for first-time or low-risk offenders. Statutes determine when probation is possible, however it is up to the sentencing judge to figure out whether or not to essentially grant probation.

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While sentencing judges have this latitude, they must still stay within the statutory limits when allowing probation. For example, a judge can't impose probation for a period longer than the maximum sentence prescribed by statute.

Probation has 3 primary goals:

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• To rehabilitate the defendant
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• To protect society from additional criminal conduct by the defendant
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• To protect the legal rights of the victims
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Once a judge has granted probation, the matter moves into the jurisdiction of probation officers, who monitor the probationer’s compliance with the terms of the probation.

Probation Conditions

Conditions are an inherent part of probation. Judges set conditions in order to meet the goals for probation stated above. A probationer has to comply with these conditions or else the court could very well impose a jail sentence or add more restrictive conditions to their probation.

Courts ordinarily have a great deal of discretion when setting probation conditions, nevertheless that doesn’t mean that judges may set whatever terms they desire. Probation conditions should be reasonable. This indicates that the conditions can never be vindictive, vague, overbroad or arbitrary. In addition, the conditions need to be related to the protection of the public. Also, if the judge wishes to impose special conditions, those conditions must relate to the nature of the crime that the probationer committed.

Judges set the conditions, nevertheless probation officers enforce them. If the probation officer finds probable cause to believe that the probationer has violated the terms of the probation, the judge may either change the terms of the probation or revoke the probation and impose a jail sentence.

Probation Revocation

Because the probationer’s freedom is at stake, however, the probationer must receive some procedural due process before a court revokes their probation. While the decision to revoke probation, just like the decision to grant probation, is at the court’s discretion, the court has to go through several procedural requirements before revoking probation. The probationer contending with revocation doesn’t have as many legal rights during revocation proceedings as they do throughout the original criminal trial, however.

In order to revoke probation, a court needs to provide the probationer with notice of the proposed revocation and conduct a hearing on the matter. The probationer has a right to testify at the hearing, present supporting witnesses, and confront the witnesses against them. The probationer also has a right to a neutral hearing body, and has to receive a written statement containing the reasons for revoking probation.

If there is sufficient evidence, a violation of even a single condition may bring about revocation of probation. The violated condition should be valid, however. If a condition is afterwards found to be unreasonable then violation of that condition will not constitute grounds for revocation.

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If you are accused of violating the terms of your parole or probation or have questions relating to a potential probation offense, remember to call the Most Effective Houston Criminal Defense Attorney the instant for a no charge initial consultation.

Although individuals in the United States are entitled to privacy and freedom from government intrusion, there is a limit to that privacy. Federal or state law enforcement officers are permitted, where justified, to search your premises, car, or some other assets in order to look for and seize unlawful items, stolen goods or evidence of a transgression. What rules must the authorities follow when engaging in searches and seizures? What can they do in upholding the laws, and what can't they do?

What the police May Do:

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• Under the Fourth Amendment to the United States Constitution, law enforcement officials may engage in "reasonable" searches and seizures.
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  • To prove that a search is "reasonable," the authorities need to generally show that it is more likely than not that a crime has occurred, and that if a search is conducted it is probable that they will find either stolen goods or evidence of the crime. This is designated probable cause.
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  • In some situations, the authorities need to first make this showing to a judge who issues a search warrant. Usually in most special circumstances, however, the police may be able to conduct a search without a warrant. In fact, the majority of searches are "warrantless."
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• Police may search and seize items or evidence when there is no "legitimate expectation of privacy." In some other words, in the event you didn't have a privacy interest in the items or evidence, law enforcement can take them and, in effect, no "search" has occurred.
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Note: In deciding whether there was a "legitimate expectation of privacy," a court will take into consideration two things:

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• Did you have an expectation of some degree of privacy?
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• Was that expectation reasonable in our society's view?
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Example: You have a semi-automatic rifle that you stole from a pawn shop. You leave the rifle laying on the hood of your vehicle when you get home. You do not have a "legitimate expectation of privacy" with regard to things you leave on the hood of your car, and police officers may take the gun. No search has transpired.

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• Police may use first-hand info, or tips from an informant to justify the need to search your property. If an informant's information is utilized, the police need to prove that the information is reliable under the circumstances.
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• Once a warrant is obtained, the authorities may enter onto the specified area of the property and search for the items listed on the warrant.
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• Police may extend the search beyond the specified area of the property or include other items in the search beyond those specified or listed in the warrant if it is necessary to:
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  • Ensure their safety or the safety of others;
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  • Prevent the destruction of evidence;
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  • Discover more about possible evidence or stolen items that are in plain view; or
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  • Hunt for evidence or stolen items which, primarily based upon their initial search of the specified area, they believe may be in a different location on the property.
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Example: Police officers have a warrant to search your basement for evidence of a drug manufacturing operation. On their way through your home to go down to the basement, they see a cache of weapons sitting on your kitchen table. They may take the guns in order to ensure their safety while searching your basement.

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• Police may search your property without the need of a warrant should you consent to the search. Consent has to be freely and voluntarily given, and you cannot be coerced or tricked into giving it.
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• Police may search your person and the immediate surroundings without a warrant when they are placing you under police arrest.
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• If an individual is arrested in a residence, law enforcement officials may make a "protective sweep" of the home in order to make a "cursory visual inspection" of places where an accomplice may be hiding. In order to accomplish this, police officers must have a reasonable belief that an accomplice may be around.
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Example: Law enforcement arrest you inside your living room on criminal charges of murder. Some may open the door of your coat closet to make certain that no one else is hiding there, but may not open your medicine cabinet because an accomplice could not hide there.

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• When you are being taken to jail, law enforcement officials may perform an "inventory search" of items you have with you without a warrant. This search may include your car if it is being held by law enforcement in order to make a list of all items inside.
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• Police may search without having a warrant should they reasonably fear for their safety or for the public's safety.
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Example: If law enforcement drive past your property on a regular patrol of the neighborhood and see you, in your open garage, with ten cases of dynamite and a blowtorch, they may search your garage without having a warrant.

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• If it's required to prevent the imminent destruction of evidence, police officers may search without a warrant.
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Example: If police officers see you trying to burn a stack of cash that you stole from a bank, they may perform a search without a warrant to avoid you from further destroying the cash.

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• Perform a search, without any a warrant, if they are in "hot pursuit" of a suspect who enters a private dwelling or area subsequent to fleeing the scene of a crime.
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Example: If law enforcement are chasing you from the scene of a murder, and you run into your apartment in an effort to get away from them, they may follow you into the apartment and search the area without the need of a warrant.

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• Police may perform a pat-down of your outer clothing, in what is named a "stop and frisk" situation, as long as they reasonably believe that you may be concealing a firearm and they fear for their safety.
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What the police May NOT Do:

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• The law enforcement officials may not perform a warrantless search anywhere you have a reasonable expectation of privacy, unless one of the warrant exceptions applies.
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• If evidence was attained via an unreasonable or illegal search, police officers may not use it against you in a trial. This is designated the "exclusionary rule."
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• The police may not use evidence resulting from an illegal search to find some other evidence.
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• The law enforcement officials may not submit an affidavit in support of obtaining a search warrant if they did not have a reasonable belief in the truth of the statements in the affidavit.
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• Unless there is a reasonable suspicion that it contains evidence, illegal items, or stolen goods, law enforcement may not search your motor vehicle. If your automobile has been confiscated by law enforcement, however, they may search it.
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• Unless they have a reasonable suspicion that you are involved in a criminal activity, the police may not "stop and frisk" you. If they have a reasonable suspicion, they can pat down your outer clothing if they are concerned that you might be concealing a firearm.
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Courts often need to determine case-by-case whether or not the circumstances in which the police searched without a warrant were legal. Consequently, any time a search has already occurred and you aren't sure of its legality, talk to the Leading Houston Drug Crimes Attorney as soon as possible. And if the search has not yet been conducted, make sure that you understand your rights in advance.

The illegal sale or use of prescribed pharmaceuticals might lead to serious criminal charges. Should you have been arrested for a forged prescription or the illegal possession of a prescribed drug, you want the Recommended Houston Criminal Lawyer to protect your rights and fight on your behalf in the courtroom.

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Any individual might be hooked on prescription drugs. Many individuals began taking their prescription drugs for health-related reasons, however became hooked. When their prescriptions ran out, they attained the drugs by various other means. The Finest Houston Criminal Defense Lawyer recognizes the consequences of a criminal conviction for average, everyday folks. They can help you deal with any of the following charges:

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• Prescription Forgery
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• Sale of Prescription Drugs
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• Prescription Fraud
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• Illegal Possession of Prescription Drugs
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The primary goal in each prescribed drug case is to steer clear of a jail sentence. The Best Houston Criminal Defense Lawyer will help you examine alternative sentencing options, that include entering a drug treatment center. You may be in need of rehabilitation, not a jail sentence. Looking forward, they will help you get the guidance you need.

While most prescription drug cases involve painkillers, the Best Houston Lawyer will handle criminal charges involving numerous drugs, for a wide range of clients, including juveniles. If your case involves any of the following prescribed drugs or others, they can certainly help:

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• Adderall
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• Ritalin
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• Vicodin
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• OxyContin
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• Xanax
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• Valium
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• Soma
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• Seroquel
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Trafficking in prescription medication carries with it lengthy prison sentences and hefty fines. Having five oxyCodone pills (4.26 grams) in your possession results in mandatory sentence of 3 years minimum, with larger amounts ending up with sentences of up to 25 years. Some other prescription drugs that are prosecuted under the category of trafficking are Vicodin, opium, Valium, amphetamines and Ritalin. Labeling a person to be a drug trafficker because that person doesn't have a legitimate prescription for pain medication can destroy a person's life. Frequently he or she is hooked on the drug, but wouldn't be permitted to take part in a drug diversion program because he may be charged with a first degree felony. If you or a family member has been charged with possession or trafficking of prescription drugs, or other prescription drug crimes, the Most Respected Houston Criminal Defense Lawyer can prepare a strong defense for your case.

Prescription fraud is when forgery, misrepresentation or counterfeiting is used to illegally procure prescribed drugs. This could be done for private use or to distribute or sell these drugs to other persons. Prescription fraud is generally accomplished by stealing, altering or creating fake/counterfeit blank prescription slips. Other crimes having to do with prescribed drugs are selling one's own legal prescription or distributing it to other individuals and illegally manufacturing prescription medications.

Whether you have been charged with prescription drug possession, sale, or fraud, you should take these charges as seriously as any other drug arrest. Call the Most Qualified Houston Criminal Defense Attorney for a no charge initial consultation.