Harris County Expungement Lawyer

Is your criminal history hindering your employment opportunities and holding you back from living your life? Everyone makes mistakes, but that shouldn’t always dictate your future. As we learn from our past, we should have the opportunity to make amends and grow.

At Napier Law Firm, we help people like you get a fresh start by clearing their criminal records. Get a free consultation with a Harris County expungement lawyer today and see if expungement can help you move forward.

Why Choose Napier Law Firm for Your Expungement Needs?

Napier Law Firm has helped people all across Harris County expunge their criminal records and regain control of their lives.

Our founder, George Napier, understands the criminal justice system, as he has worked as an Assistant District Attorney and Chief Prosecutor. He is familiar with the prosecutor’s perspective and has the expertise you need for your expungement process.

He believes the criminal justice system is made to reform rather than punish people. Everyone deserves a chance to amend themselves and move forward with a clean slate. Thus, he stopped working with the district attorney’s office and started helping people, bearing the lifelong impacts of their mistakes.

Listen to what Harris County residents have to say about him:

“Mr. Napier is everything I needed in an attorney. He did an awesome job on an almost impossible case and calmly reassured me through it all. I was so impressed, and I highly recommend him. If you need a job done by a professional, confident go-getter Mr. Napier is the attorney to get the job done.” – Amber

“Straight truth. He could have taken my money and told me he could get me a better deal. Instead, he told me that my current offer from the DA was good. I recommend George Napier.” – Carman

In addition, he is a four-time recipient of an award for excellence in criminal trials. If he decides to take on your expungement case, you receive full support throughout the process. Call us to discuss your situation. We can help you get your record expunged.

Who Is Eligible for Expungement?

Texas laws permit expungement of your criminal record only in certain circumstances:

Law enforcement arrested you and charged you with crimes, but the court did not find you guilty.
Law enforcement arrested you, and the court found you guilty of offenses. But later, the governor grants you a pardon.
The lower court found you guilty of the offenses. But the appellate court, the First Court of Appeals, or the Fourteenth Court of Appeals, overturned the convictions.
The law officer arrested and charged you for a crime, but you did not go to trial, and the court dismissed your case.
You had a felony offense case but the jury decided not to indict you. In other words, your case was not billed by a grand jury or exonerated. The jury cleared you from all charges.
You completed a pretrial diversion program, meeting all the requirements of the court. Information about Harris County pretrial diversion programs is available on the District Attorney’s Office website.
Someone stole your identity and committed a crime using your name. As a result, you had an arrest and conviction on your record, although you did not commit the crime.

Texas Law Treats Class C Misdemeanors Differently

You can get an expunction if the prosecutor charged you for Class C misdemeanors and the court granted you deferred adjudication. The general rule—conviction means no expunction—does not apply to class C misdemeanors.

Deferred adjudication is a community supervision program. Community supervision programs are an alternative to going to jail. In deferred adjudication, an alleged offender pleads guilty or doesn’t contest. The judge pauses the case and orders the offender to complete community service.

Class C misdemeanors are minor offenses and include:

Theft of property worth less than $100
Simple assault
Disorderly conduct
Public intoxication
Criminal trespass

Expunction laws are immensely complex. Therefore, it’s difficult to determine whether you’re eligible for expunction without reviewing your case.

Contact us to discuss your case with an experienced Harris County expungement lawyer. We can review your case and determine whether you are eligible for expunction.

Waiting Period to File an Expunction

There is a time limit for filing for expungement. You cannot apply until this time limit has passed. This time limit varies depending on the type of offense your record contains. You have to wait for at least:

180 days in the case of Class C misdemeanors
One year in the case of Class A and B misdemeanors
Three years in the case of felonies

However, if the prosecutor is pursuing charges, then you must wait until:

The statute of limitations expires specific to that particular criminal offense
The criminal court did not find you guilty of the criminal charges

Do Not Confuse Expungement With Sealing Records

Expungement and sealing records are often used interchangeably but provide different benefits.

Expungement

Expungement completely erases your past criminal record. When the judge grants you expungement relief, it orders law enforcement authorities to destroy your criminal record. As a result, you have a fresh start.

Texas laws provide limited criteria when it comes to allowing you to expunge your criminal record.

Sealing Records

As the name suggests, your records are sealed. They are not erased like expungement. The law only restricts the general public from accessing your record. It’s also known as nondisclosure orders.

It’s also a significant relief as sealed records allow you to legally deny having any criminal record whenever someone conducts a background check, whether it’s for:

Employment
Housing applications
Loan applications
Anything else

However, certain people can access your records, such as:

Law enforcement agencies
Criminal justice agencies
Licensing agencies
Certain government agencies

Eligibility for sealing your record is a bit wider than expungement.

If you’re confused about whether you’re eligible for expungement or sealing records or neither of them, consult your situation with a criminal defense attorney. We can review your case and determine the best option you can qualify for.

What Is the Process for Expungement?

File Your Expungement Petition

The first step to getting an expungement is to file your petition electronically with the Harris County District Clerk’s Office and pay the filing fees. The filing fee is $350.

You need to include the necessary information relating to your case and background in the petition, such as:

Offense charges
Date of occurring offense
Date of arrest
Name of arresting agency
Case number
How the charge was resolved (whether through dismissal, acquittal, or no billing by a grand jury)
Any other relevant information, such as your name, court name, contact info, supporting documents, etc.

Be careful when filling in the above details to avoid any mistakes.

Hearing Scheduled

Once your petition is filed, the court will review it and schedule a hearing. The court will send a notice of hearing to all respondents and you. In the hearing, the prosecutor and the district judge will be present.

During the hearing, you must prove to the court that all the information in the petition is correct and that you are eligible for expunction relief.

However, the prosecutor can object to your expungement and present an argument against it. After considering all the arguments, the judge will decide whether to grant you an expunction.

Expunction Order

You must have a drafted expunction order ready in case the judge decides to grant you an expunction. You can provide it to the judge immediately to get their signature and finalize the process.

After receiving the expunction order, you must send it to all the agencies that have records of your arrest so they can delete your record from their database. Examples of the agencies you may have to send your expunction order are:

Federal Bureau of Investigation (FBI)
Department of Public Safety
Local police departments or a sheriff’s office

If you’re considering expungement or are going through its process already, contact us. Our experienced expungement lawyers can answer all your questions and guide you through the process to fight for a successful outcome.

Expunge Your Criminal Record With Napier Law Firm

The expungement process is tricky. You must complete it diligently and accurately or work with an experienced expungement lawyer. Otherwise, you can face consequences such as:

Denial of expunction temporarily or permanently
Delay in receiving expungement relief
Waste of money and time

We have helped many people like you successfully expunge their criminal records. Call us today to schedule a free consultation and see if you qualify for expungement. If you’re facing criminal charges and need a Harris County criminal defense lawyer, our firm offers dedicated representation tailored to your situation.