Houston Expungement Lawyer James Sullivan Helps People Expunge Their Texas Criminal Record

Houston Criminal Lawyer James Sullivan frequently helps people to get their criminal records expunged by filing Petitions for Expunction. This is extremely important, especially in these tough economic times.  It is not a surprise that employers are more likely to hire a job applicant who has never been arrested than someone who has been arrested even when their misdemeanor criminal case was dismissed by the government or their felony case was dismissed (no billed) by the Grand Jury. Perception can be everything in this process.  Not having to list an arrest on a job application or to try to explain it away definitely can give that applicant a better chance at being hired.

Houston Criminal Attorney James Sullivan cares about people. He wants everyone to have an opportunity to get ahead and to be able to provide for their family.  An arrest without a conviction has negative consequences on a person's opportunity in life. A check in the "Have you ever been arrested?" box gives an employer a easy way to narrow down a stack of job applications.

If you were arrested and your criminal case was dismissed, call Houston Criminal Defense Lawyer James Sullivan about getting your criminal record expunged. Depending on the circumstances and the reason why your case was dismissed, you may have to wait until the statute of limitations has expired on the case. If the grand jury no billed your case, however, you have the immediate right to get your case expunged. Once your case is expunged, neither the public nor law enforcement has access to your record.

In Harris County, a Petition for Expunction is filed in the civil district courts. The government charges approximately $400 in filing fees and service fees. These fees are in addition to the legal fees. The petition must be done correctly, or the petitioner may have to pay the filing fee a second time, therefore it is important to hire a lawyer who has experience in getting criminal records expunged properly. It can be a time consuming process. All of the information must be correct and all of the legal agencies which have the records must be included in the lawsuit. Attorney James Sullivan has worked to get criminal records expunged for many of his clients.

Houston Criminal Defense Attorney James Sullivan is also successful in getting felony cases no billed by the grand jury, having had more than 70 such cases no billed in just the past 10 years. Sullivan has served the Greater Houston area since 1994 .   

Contact Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Houston Expungement Lawyer James Sullivan Can Help Clean Your Records

Houston Expunction Lawyer

Harris County Expunction Lawyer James Sullivan helps people get their criminal records expunged so that they can find work, go to college or join the military. The process of criminal record expungement involves filing a civil lawsuit against agencies maintaining your criminal records. The lawsuit seeks to clear your record of the state criminal charges listed in the lawsuit. If the civil district court judge signs the expungement order, any agency which maintains your listed criminal record will be ordered to destroy it.  Note: A criminal record can only be ordered expunged in a few situations, including:

1. you were found not guilty at trial,
2. a grand jury no bills (dismisses) your felony case,
3. the prosecutor drops charges before going to trial,
4. a judge dismissed your case before going to trial,
5. your conviction was overturned on appeal and
6. your case was dismissed after successfully completing a Pretrial Diversion program.

Houston Expunction and Non-Disclosure Differences

Expungement is much better than non-disclosure (record sealing).  When a judge orders a criminal record to be non-disclosed (i.e. sealed), that means that your criminal record will not be accessible by the general public, however the criminal charges still remain on your record.  Expungement wipes those criminal records clean.  That means that if the police pull you over for a driving violation, then they will not know about your prior criminal record and therefore will not treat you differently.

If you are being negatively affected by criminal records, your best option may be expungement.  You can call the law offices of Jim Sullivan for a free consultation to discuss your criminal case and explain the legal process.  Houston criminal defense attorney James Sullivan has practiced Texas criminal law as a defense lawyer since 1994.  He will evaluate your case, and if you qualify for an expungement, he will fight hard to clear your good name.

Why Pre-Trial Diversion?

A Pre-Trial Diversion program can also help keep your record clean.  James Sullivan fights hard to make sure that participation in a pretrial diversion program is an option for almost all of his clients who are charged as first-time misdemeanor offenders.  When you successfully complete a diversion program, your charges are dismissed and you may then file to have the charges expunged from your record, although some diversion contracts require a two year waiting period before seeking an expunction.

Houston expungement lawyer James Sullivan represents clients in criminal courts throughout the state of Texas.  If you want an experienced criminal lawyer to protect your legal rights and safeguard your future, contact Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Houston Expungement Lawyer James Sullivan

Houston Criminal Lawyer James Sullivan may be able to get your criminal records sealed or expunged.

Sealing Criminal Records in Texas

TEXAS CRIMINAL RECORDS

ARE DEFERRED ADJUDICATION RECORDS PUBLIC?

Yes. Many people mistakenly believe that deferred adjudication records are removed from a defendant's criminal history upon successful conclusion of the community supervision (probation) period, however the law does not provide for automatic expunction of deferred adjudication records.

CAN DEFERRED ADJUDICATION RECORDS BE MADE NON-PUBLIC?

Yes, in some instances. The way that deferred adjudication community supervision records can be made non-public for certain Class B misdemeanors, Class A misdemeanors, or felony offenses is by filing a Petition for Non-Disclosure. Under Section 411.081(d), Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. This procedure, however, is unavailable for many offenses. Furthermore, if a defendant commits an offense after the deferred adjudication has been completed and before filing the petition, a defendant may be disqualified.

FOR WHICH OFFENSES IS THIS PROCEDURE UNAVAILABLE?

Under Section 411.081(e)(1)-(4), Government Code, anyone who has ever committed any of the following offenses (including as the offense for which the defendant received deferred adjudication) is not eligible to seek an order of nondisclosure:

* Indecency with a child

* Sexual assault

* Aggravated sexual assault

* Prohibited sexual conduct (incest)

* Aggravated kidnapping

* Burglary of a habitation with intent to commit any of the above offenses

* Compelling prostitution

* Sexual performance by a child

* Possession or promotion of child pornography

* Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age

* Attempt, conspiracy, or solicitation to commit any of the above offenses

* Capital murder

* Murder

* Injury to a child, elderly individual, or disabled individual

* Abandoning or endangering a child

* Violation of protective order or magistrate's order

* Stalking

* Any other offense involving family violence

WHICH DEFENDANTS ARE DISQUALIFIED FROM SEEKING AN ORDER OF NON-DISCLOSURE?

Any defendant who, after the date of discharge and dismissal, has been convicted or placed on deferred adjudication for any offense other than a driving offense punishable by fine only.

WHEN CAN AN OTHERWISE ELIGIBLE DEFENDANT SEEK AN ORDER OF NON-DISCLOSURE?

Under Section 411.081(d), the defendant has to wait a certain period of time after the date of discharge and dismissal before filing a petition for an order of nondisclosure.

All felonies -- 5 years from date of discharge and dismissal.

The following misdemeanors -- 2 years from date of discharge and dismissal:

* Abuse of corpse

* Advertising for placement of child

* Aiding suicide

* Assault

* Bigamy

* Cruelty to animals

* Deadly conduct

* Destruction of flag

* Discharge of firearm

* Disorderly conduct

* Disrupting meeting or procession

* Dog fighting

* False alarm or report

* Harassment

* Harboring runaway child

* Hoax bombs

* Indecent exposure

* Interference with emergency telephone call

* Leaving a child in a vehicle

* Making a firearm accessible to a child

* Obstructing highway or other passageway

* Possession, manufacture, transport, repair or sale of switchblade knife or knuckles

* Public lewdness

* Riot

* Silent or abusive calls to 9-1-1 service

* Terroristic threat

* Unlawful carrying of handgun by license holder

* Unlawful carrying weapons

* Unlawful possession of firearm

* Unlawful restraint

* Unlawful transfer of certain weapons

* Violation of protective order preventing offense caused by bias or prejudice

All other misdemeanors -- May file immediately upon discharge and dismissal.

If you are eligible, it is important to file a Petition for Non-Disclosure. Unless there is a court order of non-disclosure directing otherwise, records of a prosecution resulting in a deferred adjudication are publicly available in the District Clerk's records and the Justice Information Management System (JIMS) database maintained by Harris County, Texas.

Contact Houston Criminal Attorney James Sullivan at (281) 546-6428 to have him draft and file a petition for non-disclosure of your adult records.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.