Expungement and Post-Conviction

Expungement and Post-Conviction Relief Attorney in Pearland, TX

When a court issues a guilty verdict, defendants and their families might feel that hope is gone. We understand the feeling, but it’s not true. There are still ways to keep your voice in the legal process, to mitigate the effects of a guilty verdict—and maybe even reverse it altogether. The expungement and post-conviction relief lawyer in our Pearland office knows how to help. 

Attorney John C. Caldwell has spent his entire career working in the Brazoria County system. He understands the criminal courts from both sides, as a prosecutor and now as a leading defense attorney. He knows prosecutors and District Attorney’s offices make mistakes, and he knows how to research, investigate, and advocate for his clients. 

Call (361) 348-8483 or contact us online today to schedule a free consultation. We can meet virtually if that’s more convenient for you.

What Is Expungement?

Expungement is a legal procedure that removes an arrest, charge, or conviction from an individual's record. This process can aid future opportunities such as job applications, housing, or educational pursuits. 

In Texas, the specifics governing eligibility for expungement are outlined in the Texas Code of Criminal Procedure Chapter 55. 

While most convictions cannot be erased, there are certain conditions that could make a record eligible for expungement: 

  • Arrested by not charged: If an individual was arrested but no formal charges were filed, they may be able to have this arrest expunged. An arrest, even without a corresponding charge or conviction, can still leave a significant mark on one's public record.
  • Charges dismissed: It’s worth noting this does not include dismissals following deferred adjudication--a form of plea deal where the defendant pleads guilty in exchange for meeting requirements laid out by the court. If these requirements are met, the charges may be dismissed.
  • Found not guilty: Even charges that do not result in a conviction can remain on your record and potentially cause complications down the line. Expungement can help prevent these charges from being an obstacle in your life. 
  • Conviction reversal: This means that if you were initially found guilty, but this verdict was overturned on appeal, you could potentially have this conviction removed from your record. 
  • Victim of identity theft: Were you arrested, charged, or convicted because of identity theft? You can apply to have your name cleared and move forward without the burden of a false criminal record.
  • An executive pardon: A pardon granted by the Governor of Texas or the President of the United States can also make a record eligible for expungement. 

While the process of expungement can be complex and the eligibility limited, this procedure provides an important opportunity for people to move on without the weight of a past arrest, charge, or conviction. Our Pearland office is ready to help. 

  • “If you need an attorney hire Clay. You won’t be disappointed.”
    “It was obvious to me that Clay is very experienced, respected by his peers and he puts forth his best effort every time.”
    - Amy N.
  • “You'd rather be safe than sorry; just remember, "You Better Call Clay."”
    “I wouldn't hesitate to use Clay for all of your legal needs, from probate to prosecution, this office takes great care of their clients.”
    - Mandy K.
  • “If you need an attorney, please give him a call!”
    “Mr Caldwell is a great lawyer. He took the time to explain to me what I should expect in the situation I was in. He called me when necessary to update me with court updates.”
    - Regis N.
  • “Very knowledgeable and professional.”
    “Extremely easy process. His office staff is also over the top and was always prompt and “in the know” of our case when we would call.”
    - Tray M.
  • “He takes the time to answer all your questions and does not make you feel rushed.”
    “If you are looking for someone who will fight for you and will get you the best outcome I highly recommend contacting Clay.”
    - Kimberly G.
  • “I cannot recommend this office enough.”
    “They are incredibly kind and transparent. There was no step of the process that I was not consulted with or involved in in some way, and they answered any question that I had in a coherent and friendly manner.”
    - Trent L.

Types of Available Post-Conviction Relief in Texas

Expungement is just one way that defendants can find relief from the legal system after a conviction. Other avenues include the following: 

  • Appeals: An appeal is a request for a higher court to review the decision of a lower court. If the appeal is successful, the higher court may overturn the original conviction, order a new trial, or change the sentence. 
  • Habeas corpus petitions: If successful, a habeas corpus petition can lead to an overturning of the conviction. This requires proving that your constitutional rights at the state or federal level were violated. 
  • Sentence reductions: This might be possible if there were errors in the original sentencing process. It’s important that your lawyer understands the nuances of sentencing requirements and is able to spot misapplications. Our office has the kind of experience you need. 
  • Parole: Parole is a form of early release from prison, under which the person serves the remainder of their sentence in the community under supervision. Parole depends on various factors, including the nature of the crime and the individual's behavior in prison.
  • Criminal record sealing: Non-disclosure orders seal your record from public view. While the record still exists and can be accessed by certain government agencies, it will not show up in most background checks.

Each of these forms of post-conviction relief has its own requirements and potential benefits. If you or someone you love needs legal help, we’re just a phone call away. 

Call Our Pearland Expungement & Post-Conviction Relief Lawyer Today

The Law Office of John C. Caldwell knows that things aren’t always what they seem and that our court system’s verdicts are very far from perfect. We’re committed to giving our clients the vigorous defense they need—including after conviction. 

Reach out today by calling (361) 348-8483.

Areas We Serve Proudly Serving Southeast Texas
  • Alvin
  • Brazoria County
  • Clear Lake City
  • Friendswood
  • Galveston County
  • Harris County
  • Houston
  • League City
  • Manvel
  • Pasadena
  • Pearland
  • Webster

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