Family violence charges are a serious matter, and they can have far-reaching consequences on both the accused and their family. In Tarrant County, Texas, as in many other jurisdictions, these charges can result in significant legal and social consequences. However, many individuals wonder if it’s possible to expunge or seal a family violence charge to mitigate the long-term impact on their lives. On this page, we will explore the process of expungement or sealing of family violence charges in Tarrant County and the eligibility criteria that may apply.
Understanding Family Violence Charges
Family violence charges typically involve acts of violence or abuse committed against a family member, household member, or someone in a dating relationship with the accused. Common examples of family violence charges include assault, domestic violence, and child abuse. These charges are taken seriously by law enforcement and the legal system, as they are designed to protect vulnerable individuals from harm.
Expungement and Sealing: What’s the Difference
Expungement and sealing are legal procedures used to limit or eliminate access to an individual’s criminal record. While they have similar goals, they differ in their effects:
Expungement
Expungement means erasing or destroying the records of an arrest, charge, or conviction as if they never existed. After expungement, the information is removed from both public and private databases. In Texas, family violence charges typically cannot be expunged, but there are exceptions.
Sealing
Sealing a criminal record means restricting access to it. Although the records still exist, they are not accessible to the general public or potential employers. Sealing is more likely to be an option for individuals facing family violence charges in Tarrant County.
Eligibility for Sealing Family Violence Charges in Tarrant County
To determine whether you can have your family violence charges sealed in Tarrant County, you must meet certain eligibility criteria. These criteria may include:
No Conviction
You must not have been convicted of the family violence charge. If you were convicted, you generally won’t be eligible for record sealing.
Deferred Adjudication
If you received deferred adjudication, a type of probation, you may be eligible for sealing. It’s essential to complete the probation successfully and fulfill any other requirements as stipulated by the court.
Waiting Period
Tarrant County typically requires a waiting period before you can apply to have your record sealed. This waiting period can vary, but it’s commonly two years from the date of completion of deferred adjudication or probation.
No Subsequent Offenses
You should not have been convicted or placed on probation for any other offenses during the waiting period.
No Pending Criminal Cases
You must not have any pending criminal cases or charges against you.
The Sealing Process
If you meet the eligibility criteria, you can start the process of sealing your family violence charge in Tarrant County. The process involves the following steps:
Consult an Attorney
It’s highly recommended to consult with an experienced attorney who can guide you through the process and ensure that all the necessary paperwork is filed correctly.
File a Petition
Your attorney will help you file a petition with the court requesting the sealing of your family violence charge.
Court Hearing
A judge will review your petition and decide whether to grant or deny your request. Your attorney will represent you in court, presenting the necessary evidence and arguments.
Notification
If the court grants your request, they will notify the relevant law enforcement agencies to seal your records.
Verification
You may need to provide a copy of the court’s order to various entities that have your records, such as background check companies, to ensure compliance.
While it’s generally challenging to expunge a family violence charge in Tarrant County, sealing your record may be a viable option under specific circumstances. The eligibility criteria, waiting periods, and the procedural steps involved in sealing a family violence charge can be complex, so seeking legal counsel is crucial to increase your chances of success. Clearing your record can have a positive impact on your future employment opportunities, housing, and overall quality of life, making it a worthwhile endeavor for those who qualify.
How can Wilder Firm help you if you have been in a Family Violence Charge Expunged in Tarrant County
At Wilder Firm, we understand the challenges and uncertainties that individuals face when dealing with family violence charges in Tarrant County. We are committed to providing you with the legal guidance and support you need to navigate the complex process of expunging or sealing your family violence charge. Here’s how our firm can assist you in this situation:
Legal Experience
Our team of experienced attorneys focuses on criminal defense, including the expungement and sealing of criminal records. We have a deep understanding of Tarrant County’s legal system, its rules and regulations, and the eligibility criteria for sealing family violence charges.
Personalized Guidance
We recognize that every case is unique, and we take the time to understand your specific circumstances. We provide personalized advice and tailor our strategies to your individual needs, ensuring the best possible outcome for your situation.
Thorough Evaluation
We conduct a thorough evaluation of your case to determine your eligibility for record sealing. We review your criminal history, the details of your family violence charge, and any other relevant information to establish the best course of action.
Legal Representation
Our skilled attorneys represent you in court, presenting a strong case for the sealing of your family violence charge. We are well-versed in court procedures and will guide you through the process, from filing the necessary petitions to representing you during the court hearing.
Advocacy
We are committed to advocating on your behalf to ensure that your rights are protected throughout the entire expungement or sealing process. Our aim is to help you achieve the best possible outcome and put this difficult chapter of your life behind you.
Timely Process
We work diligently to streamline the process and minimize any potential delays. We understand the importance of timely resolution when it comes to sealing a family violence charge, and we strive to expedite the proceedings while ensuring accuracy and compliance with all legal requirements.
Post-Sealing Support
After your family violence charge is sealed, our services don’t stop there. We can guide you through the steps needed to notify relevant entities of the sealed record, ensuring your past does not hinder your future opportunities.
At Wilder Firm, we are dedicated to helping individuals who are seeking to expunge or seal their family violence charges in Tarrant County. Our legal experience, commitment to personalized guidance, and strong advocacy make us the right choice to assist you in this challenging process. We are here to provide you with the support and legal representation you need to regain control over your future and move forward with confidence.