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Many people get shocked when they find out that an arrest from 10 years ago is still on their criminal record. Although they actually never got convicted of the crime, that charge is still an eyesore especially when job hunting and loan or filling out an insurance application. If it cannot be removed, the person concerned will forever have to struggle with that stain on their name. Thanks to the expungement of police records, anyone convicted or charged of a crime in the past has the chance to clear their name.
Expungement or expunction is the process through which criminal reports and charges can be annulled from public access. This also allows the person to deny these prosecutions publicly. Such action is usually taken for employment purposes and to help the person charged get their normal lives back. However, there are different rules on sealing crime reports depending on the state. Therefore, applicants should first seek their state’s laws and regulations on the action.
Dallas County Expungement
For residents of Dallas County who need to seal their prosecution and arrest reports, they should research about Texas expunction laws first to see if they are eligible. The Dallas expungement rules are based on the Texas Code of Criminal Procedure (Chapter 55). It orders to destroy all files and records that are associated with the case or prosecution of the applicant. Their cases may or may not be covered by the process so better see their chance on it first before taking a lawyer or going through a do-it-yourself annulment kit.
Once the expunction order is successfully obtained, the Texas Department of Public Safety (DPS) will destroy the files and documents regarding the arrest and all agencies and persons keeping records of it will have to destroy them too. This case will no longer be accessible to the public. The only remains of the charge would be at the seal records Dallas County, which is only accessible to higher authorities for legal purposes.
Crimes Eligible for Dallas County Seal
In Texas, people are allowed to non-disclose or seal a case which they have completed a deferred adjudication. However, there are some exceptions to this regulation. Not all charges are qualified to be sealed. There are a lot of them that do not have a chance to be cleared from the public eye.
In this case, expunction is available to those who were not proven guilty of the charge. In addition, those who pleaded guilty to a Class C misdemeanor alcohol charge but have already completed deferred adjudication for the crime can take advantage of this.
To give applicants more idea about their chance of getting the seal, here are some of those cases that cannot be covered: sexual assault, kidnapping, indecency with a child, compelling prostitution, aggravated sexual assault, incest, child pornography or sexual performance, conspiracy, murder, violation of magistrate’s order, stalking, family violence, and injury to a child or elderly.
Usually, in Dallas County expungement, people do not have to wait for a certain period of time to annul a deferred adjudication misdemeanor. However, for the following charges, applicants should wait for two years which starts after the case is released: bigamy, assault, abuse of corpse, aiding suicide, cruelty to animals, deadly conduct, flag destruction, firearm discharge, harassment, indecent exposure, public lewdness, advertising for child placement, false report, terroristic threat, disrupting meetings, hoax bombs, corpse abuse, and riot. However, for a felony case, applicants should wait for at least five years before they can petition to annul their deferred adjudication. Before that, the probation should be completed first.
Requirements for Dallas Expungement
For an annulment petition, applicants should be ready with the requirements asked. These are usually the completed procedures that they need to comply as part of their charges. Well, of course, the first step they have to do is see if they are eligible for Dallas County expunge. They can seek legal help from an attorney in the state to check their qualifications. If they want a cheaper means to do it, they can just go online and use the do-it-yourself expunction kit.
There are relevant provisions that can help the person meet the eligibility to seal records Dallas County. First of all, the criminal case should have been dismissed already. Next, it should be a Texas class “C” misdemeanor such as a traffic violation. Additionally, the person should have successfully completed deferred adjudication and the probation period.
In the end, the expunction will still depend on the court. Therefore, it is necessary to make sure to follow all the Texas requirements for eligibility. Every case is different and the success of the petition will depend on the legal and factual circumstances of the individual.
The Much-awaited Result
Going through the whole process of Dallas expungement may be difficult and costly, but once it gets approved, people can enjoy a normal life. They will have a fair treatment when seeking any job hiring and get approved for loans and insurance as well. Therefore, it is all worth the fight.