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.

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Posted by Jeremy Rosenthal, Esq.

Do I need an Attorney for a Theft Case in Texas?

February 10, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Yes, even if they’re accusing you of taking a penny.

Being convicted or even getting deferred adjudication on a theft case is bad news in Texas.  There are countless unseen consequences.

It is one of a handful of charges that the stigma attached to your criminal record in practically every case is worse than any punishment if you are convicted or get deferred.

Not only that, but the judicial system and many governmental agencies consider theft to be a “crime of moral terptitude.”  This can cause wide ranging problems from immigration consequences to professional licensing denial or suspension such as being a doctor, lawyer, or any other job that requires a license such as nursing or being a real estate agent.

Explaining a theft away on your criminal record is a hard thing to do whether it was a pack of chewing gum or gold bullion they accused you of taking.  Think of the disadvantage you’ll have 15 years from now in applying for a job handling money when your competition won’t spend 5 minutes of the interview talking about a previous theft charge — but you will!

The worst mistake you can make if you have been charged with theft is to blow it off because perhaps you don’t think you can win, or it was a prank, or someone else really did it and you just happened to be there and you think you can explain it away later.

In Collin County, Texas, where I practice, I have seen juries be tremendously compassionate to persons accused of theft and acquit them.  The State must prove their case beyond all reasonable doubt and a good lawyer will demand the jury acquit you if the State can’t meet their burden regardless of what happened.  Theft charges must typically be aggressively defended. Even if the case is very difficult, there may be other options to lessen the blow but those are legally complex.  A theft charge is no time to learn how to be a lawyer on your own!

*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 specific legal advice.  For legal advice, consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

What is an Expunction in Texas?

February 7, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

jeremy@texasdefensefirm.com

A criminal arrest record can be like the legal equivalent of cancer.  It can cost you a job, a promotion at work, or countless other opportunities.  The damage is done when someone hears about the arrest.  Most aren’t interested in details that you were acquitted or the charges were dropped.

An expunction is the legal equivalent of curing the cancer that is a criminal arrest.  A state district judge orders the records stemming from a criminal arrest destroyed.  This includes records which were part of the arrest or that reference the arrest such as court records, the district attorney’s file, and even transcripts of the trial.  When people refer to having something “taken off” their record, an expunction is generally what they mean.  This also means that the state’s agencies can’t give information about your these arrests to private companies who gather criminal data for distribution for private background checks.  Tex.C.Crim.P. § 55.03(2) even allows for a person with an expunction to “deny the occurrence of the arrest…” in certain circumstances.  The code has specific details you should be aware of for that provision.

What is unknown by most is qualifying for an expunction can be somewhat difficult.  Though expunctions can be highly complex in certain circumstances where (where multiple allegations stem from the same arrest for example) – most are cut and dry.  If prosecution against you has been barred as a general rule, you are probably entitled to an expunction.  Prosecution can be barred where you are acquitted by a judge or jury, where the statute of limitations has expired and the case hasn’t been filed, or if prosecution has been barred for some other reason.

It is a common misconception that getting deferred adjudication ‘magically’ drops the criminal arrest record on it’s own for any offense.  Deferred only entitles you to an expunction for (most) class “C” misdemeanors in Texas.  These are the lowest level of offense, which include traffic tickets and petty offenses ranging from minor in possession, possession of drug paraphernalia, and theft below $50 in value as examples.  Even though you weren’t taken to jail on a class “C” doesn’t mean there isn’t a record either!  An Expunction may still be necessary.

Deferred adjudication for offenses from class “B” misdemeanors and above may entitle you to apply for a petition for non-disclosure which generally limits who can know about your criminal case but is different from an expunction.

An expunction doesn’t happen on it’s own.  A state district judge must approve your petition for expunction.  This is a very technical process and is commonly handled by lawyers.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. This article is not intended to be specific legal advice.  Please consult an attorney for questions regarding this subject matter.

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Posted by Jeremy Rosenthal, Esq.

Should I just talk to the Prosecutor when I go to Court?

February 6, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

jeremy@texasdefensefirm.com

There’s not much in it for you.

The prosecutor may be a nice person.  Most are.  Your criminal record, though, is not as important to them as getting to lunch on time.

Prosecutors are your legal opponent and frankly most have never defended anyone so they don’t understand nuances to keep your record clean.  They don’t understand how to minimize collateral consequences such as professional licensing, immigration, or future enhancement.  Most have never had to crack a book on these issues.  Many will make uninformed representations about your rights and about the effects of your plea.

In fairness to prosecutors, It’s not their job to point out legal and factual weaknesses in their own case which can result in acquittal.  They don’t review a police report critically like a defense attorney would for legal issues, defenses, and inconsistencies.  They see the police report as a checklist and not much more.

Many times people think because they made a mistake or because no one will believe their side of the story – they need to just visit with the prosecutor, take their medicine and get it over with because it’s hopeless and there is no need to spend money on a lawyer.  You may not think it’s a big deal now, but studies have shown criminal records cost people money over the course of their lives.

I have not met a prosecutor that would retaliate against someone for getting a lawyer though I am sure there are some out there.  Most actually appreciate the opportunity to streamline your case.

Talk to a lawyer!

*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 you should consult an attorney.

 

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Posted by Jeremy Rosenthal, Esq.

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