The Top 5 Reasons for Getting an Expunction

March 11, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

Assuming you are eligible for expunction from an arrest in Texas, here are the top 5 reasons to get one if you can.

#5 — Peace of Mind

When I ask people about prior criminal records, I often get blank stares followed by an explanation that is very unsure of the final outcome.  With an expunction, you get the certainty of knowing your status and how to deal with it in any given situation based on what you know is the law and your rights.

#4 — Future Dealing With Law Enforcement

Prosecutors and police officers look at your life through a straw… meaning they don’t care about how many old ladies you’ve helped cross the street in your life.  If you got arrested 18 years ago and “beat the rap” then they make it their business to nail “career criminals” like you!  Without an expunction, that arrest will be seen by law enforcement.  To many of them that prior arrest is as good as a conviction.

#3 — You Never Know When It Will Come Back and Bite You

People can dig into your personal history for all sorts of reasons.  Though law enforcement’s databases tend to be off limits, they sell your information to public information firms who in-turn sell that information to consumers.  Also your court case is a public record and anyone can view it if they are motivated enough for any reason.

#2 — Future Employment

Employers will run your criminal history.  Even if you’re acquitted or the case dismissed, the arrest is still in all the databases of law enforcement unless and until it is expunged.  Having to make your case all over again to your employer about how the charges were incorrect is a losing battle.  Do you think the other candidates interviewing have to explain warts like that?  Not expunging an arrest can cause people jobs.

#1 — Why Wouldn’t you have an Arrest Expunged?

There aren’t any good reasons not to get an expunction when you’re eligible.  The legislature has put mechanisms in place so if you apply for expunction quickly after acquittal (within 30 days), the expenses are minimized.

 

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice please consult an attorney.


What is the Difference Between Pleading Guilty and No Contest in Texas?

February 28, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Under Texas law — pleading “no contest” (or sometimes called “nolo contendere”) feels better than pleading guilty and that is about it.

Many people think that if they plead “no contest” that they’re not being convicted or being placed on deferred and that nothing will go on their criminal record.  This is not true and the wording of the plea is nothing more than a legal mechanism which alleviates the state from their burden of proof beyond all reasonable doubt.  If the judge accepts a plea of guilty, or no contest — they are legally empowered to find you guilty (or place you on deferred) with no additional evidence.

The lone narrow difference is that if you plead “no contest” to an offense in Texas, and if there is a civil case where the criminal case is of significance, a “no contest” plea might not be admissible in that proceeding.

Due to the fact civil cases have even lower burdens of proof than criminal cases and usually settle before trial anyway, “no contest” pleas are somewhat irrelevant to a lawyer’s analysis of your criminal case.

All-in-all the biggest issue with “no contest” pleas is that it can leave a false sense as to the outcome of the case.  The only way to erase a criminal record in Texas is through an expunction.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article should be considered legal advice.  For legal advice you should consult an attorney.