Eligibility for record sealing in Houston depends on several factors, including the type of offense, the completion of your sentence, and the time elapsed since your conviction. Misdemeanors and certain non-violent felonies may be eligible for sealing, while violent crimes and serious offenses, like sex crimes, are typically excluded. Additionally, you must have completed all aspects of your sentence, such as probation, and typically wait a few years before applying. The court will also consider factors like rehabilitation and the nature of the offense when determining eligibility.
Experienced criminal defense lawyer Eric Benavides at Benavides Law Group can determine your eligibility for having your record sealed. If you are eligible to move forward, he can take the necessary steps on your behalf and pursue the desired result.
For a free consultation with an experienced Houston record sealing attorney, please call (713) 222-2828 or contact us online today for more information.
Why Choose Us?
When sealing your criminal record, you must have an experienced Houston criminal defense lawyer as soon as possible. Criminal defense attorney Eric Benavides at Benavides Law Group has had significant success sealing individuals’ criminal records, along with securing favorable plea deals, acquittals, and dismissals in criminal cases. He will handle every step of the record-sealing process and aggressively represent you in court at all legal proceedings.
You can view the firm’s most recent case results and client testimonials on this site. Benavides Law Group is located at 2180 North Loop West, Suite 310, Houston, TX 77018.
What Does Sealing a Criminal Record Mean in Houston?
Sealing a criminal record in Houston refers to the legal process of hiding a person’s criminal history from public view. When a criminal record is sealed, it is no longer accessible to most employers, landlords, or the general public. However, law enforcement and certain government agencies may still have access to it. The process is important because it allows individuals to move forward without the stigma of a past conviction affecting their opportunities for employment, housing, or other social aspects of life.
Certain conditions must first be met to seal a criminal record in Houston. Not everyone is eligible for this process, and the type of offense committed plays a significant role in whether sealing is possible. Generally, people are eligible if they have been convicted of a misdemeanor or felony and have completed their sentence, including any probation or parole. However, certain serious crimes, like violent offenses or sex crimes, are typically not eligible for sealing.
Overview of the Record Sealing Process
The process begins by filing a petition for expunction or sealing of the record with the court. This petition outlines the details of the conviction and includes proof that the person has met all of the necessary conditions, such as the completion of their sentence and the absence of further criminal activity. In some cases, individuals may need to wait a specified period after completing their sentence before they can begin the sealing process. For example, someone convicted of a misdemeanor may have to wait two years after completing their sentence before filing a petition, while the waiting period can be longer for certain felonies.
Once the petition is filed, the court will review the request. The prosecutor’s office may be notified and allowed to object to the petition – particularly if they believe the individual does not meet the criteria for sealing. If there are no objections, or if the objections are overruled, the judge may grant the petition and order that the criminal record be sealed. It’s important to note that the decision to seal a record is at the discretion of the judge, who will consider various factors, including the nature of the crime, the person’s conduct since the conviction, and whether sealing the record serves the interests of justice.
Finally, after the record is sealed, the individual can legally deny the conviction on job applications and other forms that ask about criminal history. This provides a fresh start for those who have worked hard to turn their lives around after their past mistakes. However, sealing a record does not erase it entirely, and certain legal exceptions may apply where the record can still be accessible under specific circumstances.
Criminal Charges Eligible for Record Sealing in Houston
In Houston, not all criminal charges are eligible for record sealing. The eligibility largely depends on the type of offense, the sentence served, and the individual’s behavior after the conviction. Sealing a criminal record means that the conviction will not appear in background checks conducted by most employers, landlords, or the public, offering individuals a chance to move forward without the burden of a criminal past. However, certain charges are excluded from this process, and others may only be sealed after meeting specific condition.
Generally, misdemeanor offenses are more likely to be eligible for record sealing than felony offenses. For example, many non-violent misdemeanors such as theft, drug possession, or assault without aggravating circumstances may be eligible if the individual has completed their sentence, including probation, and has not additional convictions within a certain period. After completing the sentence, there may be a waiting period – typically one to five years – before filing for record sealing. The individual must show that they have successfully reintegrated into society and pose no further risk to public safety.
Felony convictions can also be eligible for sealing, though this is more restrictive. Certain felonies, particularly non-violent ones, may be sealed after a waiting period. For instance, people convicted of certain drug offenses, fraud, or theft-related felonies may be eligible to seal their records if they have no other significant criminal history and have demonstrated rehabilitation. However, individuals convicted of violent felonies, such as murder, sexual assault, or aggravated robbery, are generally not eligible for record sealing under Texas law. Additionally, felons sentenced to long prison terms or have committed multiple crimes may face greater challenges in sealing their records.
An important consideration is whether the person has completed all aspects of their sentence. For example, if someone was sentenced to probation and failed to complete it, they may not be eligible for record sealing until all conditions are fulfilled. Also, some offenses are excluded from sealing altogether. These include serious violent crimes, sex offenses involving minors, and certain repeat offenders. In addition, the court may consider whether the sealing of a record is in the interest of justice, considering factors like the crime’s severity and the individual’s rehabilitation efforts.
Each case is reviewed individually, and the decision ultimately rests with the court.
What are the Most Important Benefits of Sealing a Criminal Record in Houston?
Sealing a criminal record in Houston offers several significant benefits for eligible individuals. One of the most important advantages is the ability to move forward with life without the constant shadow of a criminal record. For many people, a past conviction can feel like an obstacle that limits their opportunities, especially when finding employment, housing, and even obtaining certain professional licenses. Sealing a record provides a fresh start by ensuring that most employers and other private entities will not see the conviction during background checks.
The employment benefits are particularly notable. For many jobs – especially those requiring trust, responsibility, or dealing with vulnerable populations – a criminal record can disqualify an individual from consideration. Employers often conduct background checks as part of their hiring process, and seeing a conviction on a resume can lead to an automatic rejection. By sealing a criminal record, individuals can truthfully state that they have not been convicted of a crime, allowing them to be considered for jobs they may have otherwise been excluded from. This opportunity can significantly improve the chances of securing steady employment, which is crucial for financial independence and overall well-being.
In addition to employment opportunities, sealing a criminal record can improve housing access. Landlords and property management companies frequently conduct background checks on potential tenants, and a criminal history – especially one involving felonies or violent crimes – can make it difficult to secure housing. When a record is sealed, landlords are typically unable to view the criminal history, giving individuals a better chance of being accepted for rental properties. This can be especially important for individuals with families or those trying to build stability after a conviction.
Another benefit of sealing a criminal record is the potential for improved mental health and social reintegration. Carrying the burden of a criminal past can have a negative psychological effect, leading to feelings of shame or rejection. By sealing a record, individuals can regain a sense of privacy and dignity, as they no longer have to disclose past convictions when asked. This can reduce social stigma and improve an individual’s self-esteem and confidence. It also makes it easier to form new personal relationships and reenter the community without the burden of being judged for past mistakes.
Finally, sealing a record can contribute to a person’s overall sense of freedom and a fresh start. While a sealed record doesn’t erase a person’s past, it does offer a meaningful opportunity to move forward without constantly being reminded of previous mistakes.
How Can We Help with Sealing Your Criminal Record in Houston?
If you want to seal your criminal record in Houston, attorney Eric Benavides at Benavides Law Group can guide you through the process, ensure you take all necessary legal steps, and present a strong case. Sealing a criminal record can be a complicated and time-consuming procedure, and having the right support can make a significant difference. At Benavides Law Group, our role is to simplify the process, provide advice, and ensure that your petition meets all of the necessary legal requirements, increasing your likelihood of success.
The first step in sealing a criminal record is determining whether you are eligible. Not all criminal convictions qualify for sealing, and eligibility depends on various factors, such as the nature of the offense, the length of time since the conviction, and whether you’ve completed your sentence. We will assess your situation by reviewing the details of your case to determine if sealing your record is an option. We ensure that you understand your eligibility before moving forward.
Once eligibility is confirmed, the next step is preparing and filing the necessary paperwork. This is a critical phase, as any errors or incomplete forms can delay the process or result in a rejection. We will prepare your petition for expunction or record sealing by gathering the required documents, including court records, proof of completed sentences, and other relevant information. We have experience handling these complex forms and understand the local legal procedures in Houston courts. This means we can ensure everything is submitted correctly and on time.
After filing the petition, we will monitor its progress and communicate with the court, prosecutors, and other relevant parties. If the prosecution objects to sealing your record, we can represent you in court, providing the necessary legal arguments to support your petition. In many cases, the prosecutor may object, but with the right legal strategy and support, we can address their concerns and work towards a favorable outcome. If there are no objections or the objections are overruled, we will continue to follow up with the court until the order to seal your record is granted.
Finally, after your record is sealed, we can ensure the change is reflected across all relevant databases. This means you can legally state that you have no criminal history when applying for jobs, housing, or other opportunities. Our goal is to give you the best possible chance of successfully sealing your criminal record so that you can move forward with your life.
Consult an Experienced Houston Record Sealing Lawyer Today
Eric Benavides, Houston Record Sealing Attorney
Skilled criminal defense attorney Eric Benavides at Benavides Law Group can determine your eligibility for having your record sealed. He will then take the necessary steps on your behalf and pursue the best possible result available in your case.
For a free case evaluation with a knowledgeable criminal defense lawyer in Houston, please call us at (713) 222-2828 or contact us online.
Our Houston Office Location
2180 North Loop,
West Suite 310
Houston, TX 77018
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For any specific questions, please feel free to call me, Houston record sealing attorney Eric Benavides at 713-222-2828. You can also contact me about your record sealing needs by filling in the following information. The first consultation is always free.