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Expunging Domestic Violence Records

Once you’ve been arrested, arraigned or charged with a domestic violence charge, the court begins a paper trail that can come back to bite you. The only way to seal or remove these records is via an expunction order.

Even if the alleged victim tries to drop the charges, you will still need to receive a dismissal and subsequent expunction order to remove the incident from your record. This is because the Travis County District Attorney’s Office follows a strict “no-drop” policy. This means that the Das office will likely continue to pursue the crime because victims often lie to protect their abuser for fear of retribution.

In the following article, we’ll go over what types of crimes are available for expunctions and the process of obtaining one.

Austin Domestic Violence Expunction Lawyer

If you’re facing a family violence charge, you need a strong defense attorney. Even if the alleged victim regrets the 9-1-1 call or you are falsely accused, you are still likely to be charged by the district prosecutor’s office.

The Office of Kevin Bennet will provide the support and information you need to fight these charges. As part of a commitment to providing every client with an unmatched level of personal attention, our Austin domestic violence attorney does not accept every case that comes across his desk. Kevin Bennett maintains open communication with all of his clients about the matters facing them, and he aims to help them understand what is happening during dark and frightening times.

Kevin Bennett represents people throughout Travis County, including in Austin, Pflugerville, Lago Vista and Lakeway. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation.

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What is an Expunction Order?

Expunction is the official process of erasing your criminal record. This includes arrests, arraignments, charges and court appearances.

Once an expunction is granted, the court, local police, and any other agency associated with your crime will purge any records of the crime. This allows you to legally deny the existence of the charge in the future in a job interview or rental application. The records are deleted from agency databases, and the physical records are destroyed.’

However, being granted an expunction order is not easy. Qualifications for an expunction order are defined under Texas Penal Code Section 55.

What Qualifies for an Expunction Order

Before discussing what qualifies for an expunction order, it may be easier to talk about what does not qualify. The following conditions will prevent the granting of an expunction order:

  1. Were convicted
  2. Are on probation
  3. Received delayed adjudication for any charge above a Class C Misdemeanor
  4. Pled guilty

Generally, expunctions are granted in cases where a person received no court-ordered punishment. The following are qualifying cases for expungement:

  1. You were pardoned
  2. You were acquitted by a Court of Criminal Appeals
  3. Your indictment was never presented
  4. Your indictment was considered void
  5. You never served a prison sentence or other court-ordered punishment
  6. The statute of limitations for a crime passed and you were never brought to trial
  7. You completed a pretrial diversion program

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Alternative Options

Because expungements are difficult to obtain, an easier option may instead be to receive a sealing order. Sealing orders prevent most, but not all, people from accessing your records. A sealing order will prevent landlords and future employers from accessing your records but will not stop education and licensing agencies from doing so.

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Additional Resources

Texas Law Help – Visit the Texas Law Help website to find more information on clearing and sealing your record, including the filing process and some frequently asked questions.

Texas Expunction Expo – Travis County holds an annual expunction expo. Similar to hiring fairs, the expunction expo allows people to sign up ahead of time to see if they may apply for expunctions. Attendants can then meet with certified legal representation and discuss their options.

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Hire a Domestic Violence Expunction Attorney in Austin, Texas

If you are trying to seal or expunge your criminal record for a case that occurred in Austin or Travis County, contact Austin Attorney Kevin Bennett for additional information.

The Law Office of Kevin Bennett has helped countless individuals expunge or seal their criminal record in Austin, TX.

Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a free consultation. The Law Office of Kevin Bennett represents clients in Travis County, including Austin, Lakeway and Lago Vista.

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