Blogs on Expungement Lawyer

DIY Record Expungement

Sun, 18 Sep 2022 21:35:00 -0500

Although you do not need an attorney to manage your petition for record expunction, it cannot be expressed in strong enough terms that these requests are not something that you want to try on your own. Aside from not collecting all the information that will be necessary for you to even file your petition, you run the chance that you may not be able to refile if your petition is dismissed on any technical point.

National Expungement Week: Helping Those with Cannabis Convictions and More

Wed, 25 Sep 2019 11:45:42 -0500

The sudden cultural shift to legalizing cannabis and medical marijuana has left a bitter taste in the mouth of those already convicted of possession. It is a cruel irony that marijuana convictions continue to inflict penalties while the newest round of laws make these same practices legal. This change, while welcomed by advocates, is small consolation to individuals, families and entire communities who faced a relentless decades-long assault from the legal system under the euphemistic War on Drugs.

Do Expunged Records Show Up On Background Checks In Texas?

Thu, 15 Aug 2019 13:01:52 -0500

Expungement of a criminal record can greatly improve your life’s outcome, allowing you to attend college, live in student housing, secure professional licensing and certification, land your dream job or even obtain financing for major purchases. As an experienced record clearing lawyer in Texas, one of the main questions the Law Office of Brian S. Laviage is routinely asked is whether or not expunged criminal records will show up on criminal background checks.

What Should Your Teen Do If They Get Pulled Over?

Wed, 31 Jul 2019 14:01:12 -0500

As a teen, getting pulled over for any reason by law enforcement can be stressful and scary – especially if he or she is fairly new to driving. In fact, according to a 2018 report by the Bureau of Justice Statistics, nearly 10 percent of all traffic stops in the U.S. in 2015 involves a teen driver under the age of 18. Whether it’s for speeding, talking on the phone or texting while driving, or for suspicion of driving under the influence, it’s vital for your teen to understand how to react to being pulled over by a police officer.

DUIs and Teenagers in Texas

Tue, 25 Jun 2019 10:08:19 -0500

The state of Texas has enacted tough alcohol-related laws for minors. Because it’s illegal for anyone who’s underage to consume alcohol in Texas, the state has enacted alcohol “zero tolerance” rules for drivers under age 21. This means it’s a criminal offense for anyone under the age of 21 to purchase, attempt to purchase, consume or possess an alcoholic beverage, or operate a motor vehicle with ANY amount of alcohol in their system.

Child Arrested at College? Here's What To Do In Texas

Fri, 07 Jun 2019 10:54:01 -0500

If your child is leaving for college in a few months or returning for another semester, it’s important to understand what to do if they are issued a citation or arrested while away at school. We all know college and questionable decision-making seem to go hand-in-hand, however sometimes one bad decision can end with a potentially costly arrest. This can have serious implications for your child’s academic future and personal life.

What's the difference between expunging and sealing a juvenile record in Texas?

Mon, 20 May 2019 12:00:00 -0500

If you were referred to a juvenile court for conduct before the age of 17 – even without being taken into custody by law enforcement before the referral – you have a juvenile record in the state of Texas. This includes any Class A or B misdemeanors, felony offenses or conduct indicating a need for supervision (CINS) like underage drinking, truancy or running away.

What Legal Rights Do Juveniles Have When Taken Into Police Custody in Texas?

Thu, 28 Feb 2019 12:00:00 -0500

Unlike adult criminal cases, juvenile crimes are handled in civil proceedings according to “The Juvenile Justice Code” within the Texas family code. In this system, the court is seeking what it deems as appropriate justice AND rehabilitation for the youth.

How the juvenile justice system and criminal system differ in Texas

Mon, 04 Feb 2019 10:00:00 -0500

The Texas Juvenile Justice Department is emerging as a national model for reform.

Employment and the Potential Downsides of Having a Criminal Record in Texas

Fri, 28 Dec 2018 12:00:00 -0500

Having a criminal record in Texas often results in negative repercussions, many of which last long after the sentence or fine has occurred and the debt to society repaid. One example is employment related; potential employers often categorically deny jobs to applicants with criminal records. It often doesn’t matter when the arrest occurred or even the relevancy to the job.

Traveling with a Criminal History

Sat, 08 Dec 2018 12:00:00 -0500

To what extent does a criminal history affect international travel? The answer is far from simple.

Some countries require individuals with criminal records to apply in advance for pre-clearance to enter. Others require only a passport for admission, and there is no background check. Permission to enter could depend on the seriousness of the crime.

Are Texas Arrest Records Public?

Thu, 18 Oct 2018 12:00:00 -0500

An arrest record is never a good thing. It can ruin a person’s reputation, ability to find a decent job, and it releases personal information about the individual. Other negative effects include losing driving privileges or child custody rights. If you already have an arrest record you may be looking at more severe penalties and sentencing. Having a criminal record can affect you in many areas of your life and when public, it can be searched and accessed by anyone.

How Expungement of Criminal Records in Texas Can Improve Your Life

Fri, 17 Aug 2018 08:00:00 -0500

A criminal record has the potential to affect just about every area of your life. In the state of Texas, people who meet requirements established by current laws have the right to request what is known as an expungement of a criminal record.

How to Beat Speeding Tickets Before and After You Get One - What the Courts Don't Want You to Know

Wed, 23 Nov 2016 23:39:17 -0600

Tips From Your Local Texas Traffic Ticket Attorney NEVER: Act like you know the law better than the officer does. Law Enforcement Officers, especially Traffic Enforcement Officers hate drivers that quote the law to them. I have had many a client who have ended up in the back of a patrol car following a heated debate on the law with a Traffic Cop. More often than not, the Officer finds more reasons to hand out citations.

What happens if you get caught drinking under 21 in Texas?

Tue, 15 Nov 2016 11:08:34 -0600

I get asked regularly what happens if you get a minor in possession in Texas and how to get an MIP off your record.

What happens legally after getting caught drinking alcohol under the age of 21?

Wed, 09 Nov 2016 16:20:07 -0600

Hi Mr. Laviage! You helped a friend of mine out with a legal case and I got your information from him. I’m 16 and was at a party this past weekend when the cops showed up. I don’t do this very often, but I was drinking that night and was kind of drunk. None of my friend’s parents were home and they ended up taking me and a few others to the Harris County Juvenile Detention Center over off Congress in downtown Houston. Maybe you know the place? My parents were able to pick me up fairly quickly so I didn’t have to stay long. They were not happy with me.

Anyway, I just got my license 6 months ago and I heard that it could be suspended after a minor in consumption charge. Is that true? What else can happen to me legally after getting caught drinking at 16? Thanks!

16 year old in Houston, TX

What should I do after being charged with public intoxication and taken to jail?

Thu, 27 Oct 2016 09:30:52 -0500

Hi Mr. Laviage - I found your website while searching for a public intoxication lawyer. Last weekend I went to jail on a public intoxication charge. I was pretty drunk, but not drunk enough to not remember the arrest - though I really don’t remember what I admitted to during the arrest or in jail. My court date is next month and I’ve already paid the ticket. Do I need a lawyer for this? I’m new to Texas and don’t have any prior arrests. Thanks!

John in League City, Texas

Third public intoxication charge in 10 years

Tue, 25 Oct 2016 14:00:00 -0500

Hi Mr. Laviage, I have a question I’m hoping you can help me out with. I was arrested for public intoxication one year in college while floating the Guadalupe river. I was put on deferred adjudication for this charge in 2006. Then, a few years later in 2010, same thing, different place - this time in Austin outside of a restaurant. Now I’m thinking about getting out of my typical office job and applying for a job as a police officer. But, I just got another public intoxication charge about a month ago in Houston and am worried that they won’t accept me due to these infractions.

Is there anything I can do to get these public intoxication charges cleared from my record? How fast can this be done? And can all three be done at the same time to save money?

Thanks!

Jesse in Houston, TX

Second minor in consumption charge within two years

Fri, 21 Oct 2016 17:51:00 +0000

My college-aged son just received his second minor in consumption charge within the past two years. I’m terrified he might have to go to jail and will be expelled from his university. Will this affect him getting hired for certain jobs, and what can I do to minimize the damage?

Sarah in Katy, TX

Minor in possession after attempting to buy alcohol with a fake ID

Tue, 18 Oct 2016 16:01:55 -0500

My daughter was caught trying to buy alcohol with a fake ID and was charged with a minor in possession. She’s a straight-A student and has never been in trouble before this. I want to make sure her future is not ruined by a mistake made in her adolescence. How can I keep this off her permanent record?

Deborah in League City, TX

Expunging a dismissed felony

Thu, 13 Oct 2016 11:44:32 -0500

I was arrested for a second degree felony about two years ago. The case was dismissed shortly after the indictment hearing as it was obvious they had the wrong guy. I really don’t want this on my record, and am pretty annoyed that it’s even on there in the first place as I should have never been arrested. Can I get this record expunged? How involved is the record expungement process?

Will in Houston, TX

Renting a House with a Class C Misdemeanor

Tue, 11 Oct 2016 21:52:01 -0500

Hi! I’m looking to rent a house with a few roommates, but I’m worried that a previous Class C Misdemeanor for Public Intoxication will be an issue with potential landlords. I received the citation, payed the fine, and my application for deferred disposition was granted and the probation period ends within the next month. Will this affect my ability to rent a house with my friends? Am I eligible for getting my record expunged? Thanks for the help!

Justin in Dallas, TX

Juvenile daughter caught shoplifting

Thu, 06 Oct 2016 09:30:23 -0500

My 16 year old daughter was caught shoplifting about $60 worth of makeup last weekend. She was charged and is awaiting a court date. This isn’t normal for her (as far as I know) and she said that her friends dared her to do it. I’m obviously upset and disappointed. What can we expect? Is there anything we should do now? I’m personally concerned about her getting accepted into college.

Mike in Southlake, TX

Public intoxication in Austin

Tue, 04 Oct 2016 10:24:07 -0500

My friends and I were bar hopping on 6th Street after attending ACL (Austin City Limits) this past weekend. They got a bit too rowdy on the street and we were all arrested for public intoxication and spent the night in jail. I was not over the legal limit, but they definitely were. Since I wasn’t drunk, I don’t believe I was treated fairly. What should I do? And what should my friends do? Should they just plead guilty and pay the fine?

Steven in Austin, TX

Sealing juvenile records

Tue, 27 Sep 2016 19:25:52 -0500

My son was arrested as a juvenile his freshman year of highschool in Houston, TX for possession of brass knuckles found in his locker. He was released early from the juvenile program for good behavior and completed all required paperwork relevant to the case. That was over 5 years ago and he is now attending a university in another part of Texas.

I’m pretty sure he is eligible for sealing his juvenile records, but I’ve also read something about automatic restricted access to juvenile records once one reaches the age of 17. I’ve also heard about the recent law of automatic restriction of access to juvenile records. Maybe these are the same thing.

In short, my question is: is it necessary for him to do anything additionally to get his records sealed, or has everything already been done for him by the state?

Thanks! - Amanda

How to get a record expunged for free

Thu, 22 Sep 2016 09:46:07 -0500

My ex-roommate was selling drugs from our apartment, and one day he sold to an undercover officer. Since I was home at the time, I was charged with intent to distribute. Eventually, the charges were dropped but it is still on my record. I am unable to find employment and am living with my parents so cash is tight. How can I get my record expunged for free?

Pros and Cons of Court Appointed Attorneys for Juvenile Offenses

Tue, 20 Sep 2016 11:10:43 -0500

In the U.S. court system, you have the right to a lawyer, and it is important to ask for one – whether the defendant is an adult or juvenile. Having legal representation in juvenile court proceedings is vital because a lawyer can explain to you and your child what should or should not be answered. This person is to make sure the child’s legal interests are protected and to advocate the child’s wishes.

How to get a felony record expunged

Fri, 09 Sep 2016 17:14:20 -0500

Five years ago, I was convicted of a felony drug offense. Since then, I have stayed out of trouble and completely turned my life around. Unfortunately, the conviction is still on my record and I am having trouble getting into college. How do I get my record expunged? Tom in San Antonio, TX Unfortunately a felony conviction cannot be expunged or sealed through a nondisclosure. Some misdemeanor convictions can be sealed through a non-disclosure but not felonies.

The Meaning of Record Expungement

Tue, 06 Sep 2016 16:46:39 -0500

During my first year in college, my best friend and I were arrested for minor in consumption walking home from a party at our fraternity. I’m about to graduate and am afraid it will hurt my chances of landing my dream job. He was able to get the conviction expunged from his record. What does it mean to get a record expunged?

Sarah in Austin, TX

Expunging a minor in possession misdemeanor

Fri, 02 Sep 2016 12:12:39 -0500

I was at a party that was busted by police my freshman year of college. I happened to be drinking (underage) and I was charged with a minor in possession misdemeanor and convicted - not the greatest way to start college, but it’s been fine since and I will be graduating this year! Anyway, I’d like to clear everything up if possible - is there a way to get this minor in possession conviction off my record?

Jake in San Marcos, Texas

DWI expungement in Texas

Tue, 30 Aug 2016 12:56:58 -0500

My boyfriend is thinking about driving for Uber or Lyft, but he got a DUI a few years ago. Do you think it’s possible to pass a background check with a DUI on his record? This is in Texas btw.

Amanda in Dallas, TX

Retaliation against employee in violation of EEOC regulations

Tue, 10 Jun 2014 19:00:00 -0500

“I have been terminated from my job after filing a claim with the EEOC for racial discrimination.”

Breach of contract with real estate agent

Tue, 10 Jun 2014 18:00:00 -0500

“I need a lawsuit filed against clients that have a signed EXCLUSIVE LISTING AGREEMENT, to list substantial waterfront property on Lake Livingston. These Sellers have violated multiple duties and did not conform to their duties as Sellers. Their listing agreement will expire with me on: 3-19-2009. Do I have a case?”

DTPA case for damages to vehicle

Tue, 10 Jun 2014 17:00:00 -0500

“My vehicles was damaged at a car wash facility twice. First time repairs by the facility were paid, second time they are refusing to pay for my damages, or even talk to me. It is very clear that this was a thier fault. I drive a new BMW and i feel in addition to the damages that they caused on my car, I will also be loosing value in my car for these damages. I only seek that they repair the most recent damages and take out the faulty parts from there wash, so that other vehicles do not get damaged.”

False imprisonment in Texas

Tue, 10 Jun 2014 16:00:00 -0500

“Hi, I was wondering if I have a false imprisonment claim against a chemical plant in east Texas. I was kept by them for over 12 hours with no cause. I can have all the paperwork and evidence.”

Minors and breathalyzer tests

Tue, 10 Jun 2014 15:00:00 -0500

“Help!

Does the police have the right to make a 17 year old take a breathalyzer? They had my son take one and i did not know until we got home.”

Legal malpractice in Texas

Tue, 10 Jun 2014 14:00:00 -0500

“Have a DWI in Travis County (Austin). Paid an attorney about $500 and now I got a warrant for a FTA. I was never informed about the court date. Am I out the cash and out of luck or is there something that can be done. What are my options? The not so good lawyer told me on 2nd DWI it auto jail time in Austin? Can I plead for better or beat the case?? Please let me know something asap.”

DWI in texas and blood alcohol level

Tue, 10 Jun 2014 13:00:00 -0500

“DWI 1st offense confused,everyone has told me not to get a lawyer. My blood alcohol was .09 what should I do???”

Cost of a will in Houston

Tue, 10 Jun 2014 12:00:00 -0500

“I am 52 years and in good health. However, I do not have a Will and would like to know the cost of having one written up on me. Please advise. Thank you.”

Landlord issue in Houston

Mon, 09 Jun 2014 15:00:00 -0500

“I gave 500 to lease a home, first it was for sale, the owner decided not to sale it just lease it out. On the day of signing the lease, she stated she will be taking down the sign as well as the supra key off the door. 3 day pass by after i move in she stated the supra and sign and supra key has to stay in the yard. what is my rights, their will people in and out of my house constant.”

Landlord security scam in Houston

Mon, 09 Jun 2014 14:00:00 -0500

“Security deposit dispute regarding landlord that has never given response via phone and refuses to give past tenants contact information to send requests in writing.”

Fraudulent debt collection by Dell Texas consumer law

Mon, 09 Jun 2014 13:00:00 -0500

“I bought a Dell computer on the internet and when it arrived at my house it was not configured the way that I wanted it. I called Dell to arrange to have it picked up by UPS. I was given a track number by UPS. I paid cash for this computer. I was given credit for the returned computer. For the past two years I have gotten calls at my job, at home from Dell’s financial dept saying that I owe for this computer and how they are going to tune me over to the credit bureau. I am sick of getting this calls. How can I sue these people???? I am fed up with this company.”