If you cause an accident while driving drunk, you can expect to face serious charges — likely a felony — that will send you to prison for years or even decades. This is especially true if the accident caused serious injuries or death, in which case the prosecutor will likely pursue intoxication assault or intoxication manslaughter charges.

Do not handle this alone. Get help from a DWI involving an accident, wreck, or injury lawyer in Grand Prairie. Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a no-cost, no-obligation consultation and case review.

What Are the Penalties for DWI Injury Accident Charges?

In Chapter 49 of the Texas Penal Code, the statutes define DWI as operating a motor vehicle in a public place with a blood alcohol concentration (BAC) of 0.08 or above.

If you cause an accident while driving drunk, and if the accident causes damage, the prosecutor may pursue charges for both driving while intoxicated and for causing damage in an accident. If your accident led to injuries, or a fatality, you may face a different set of charges — typically intoxication assault or intoxication manslaughter.

The basic penalties for a first or second DWI conviction include the following:

• Fines between $2,000 and $4,000
• Jail time between 3 days and 1 year
• Probation
• Installation of an ignition interlockdevice
• License suspension of up to 2 years

The penalties are much harsher for a DWI that involves an accident:

DWI Accident with Property Damage

If you caused an accident while driving drunk, the prosecutor will add additional charges to the basic Grand Prairie DWI penalties.

For a minor amount of damage, the prosecutor may pursue class C misdemeanor charges (a fine of $500).

However, if you caused major damage, you will likely face criminal mischief or reckless damage charges, which will involve either a first-, second-, or third-degree felony, depending on the circumstances of your accident and the resulting damage.

DWI Accident with Injuries

If your accident led to physical injuries, the prosecutor will likely pursue intoxication assault charges, a third-degree felony.

However, if your DWI accident injured a first responder — law enforcement officer, firefighter, emergency medical technician, etc. — those charges elevate to a second-degree felony.

A conviction will put you in prison for 2 to 10 years. You will pay a fine of up to $10,000 and lose your driver’s license for up to 2 years. You will have to pay court costs and fees and between $1,000 and $2,000 per year for 3 years to reinstate your license.

The judge may put you on probation, assess up to 1,000 hours of community service, and require you to install an ignition interlock device on your car. You may also have to attend rehab or substance abuse counseling.

DWI Accident with Fatality

If your DWI wreck leads to fatal injuries, you will face intoxication manslaughter charges, which are a second-degree felony. If the victim was a first responder, you will face first-degree felony charges.

A conviction will put you in prison for up to 20 years (99 for a first-degree felony), with a $10,000 fine. You will also face probation, community service, ignition interlock devices, and all court costs and fees.

You will lose your driver’s license for two years and have to pay up to $2,000 per year for three years to reinstate your license.

How Can a Lawyer Help Me After a DWI Accident?

Unless you are prepared to go to prison, you have no choice but fight your DWI, intoxication assault, or intoxication manslaughter charges.

Prosecutors may push you to plead guilty, with the assurance that it will minimize your penalties. However, it is critical that you not make any decisions, answer questions, or give any statements until you talk to a DWI accident lawyer. Neither the police nor the prosecutors have your best interest in mind — they only want a conviction, whatever it takes. Convincing you to plead guilty makes things easy for them, not you.

A DWI lawyer from the Law Offices of Randall B. Isenberg will, first and foremost, ensure the protection of your legal rights. We will explain your options and how each one may affect your future, allowing you to make an informed decision about your future. We will be at your side through every part of the process, ensuring that you have someone to rely on for guidance and counsel.

Our team will also examine all the evidence in your case, looking for potential weaknesses or violations of your rights. These weaknesses can provide leverage for negotiating with the prosecutor to reduce the DWI charges against you.

If the prosecutor will not agree to reducing your charges, your lawyer can get to work building a strong case on your behalf, and defend you at your criminal trial. The prosecutor must meet a high burden of proof to prove your guilt, and we can call on a variety of legal strategies to help establish reasonable doubt in the mind of the jury.

Call a DWI Accident Injury Lawyer in Grand Prairie Today for Help

The Law Offices of Randall B. Isenberg will provide a free case review, to answer your questions and help you decide on your next step.

Attorney Randall Isenberg brings more than 30 years of experience in the criminal justice system to your case, including time spent as a chief felony prosecutor and state judge. This level of insight and understanding will help him build a strong case in your defense.

If you want to fight for your future, call the Law Offices of Randall B. Isenberg today at 214-696-9253.

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Facing a DWI charge as an underage driver can be a daunting legal process. When our Grand Prairie underage DWI attorney is on your side, you do not have to face it alone. We will explain each step of the process including how we build your defense. Our team collects evidence that strengthens your defense, interviews supporting witnesses, and works with the state to reach a plea agreement, when possible.

At the Law Offices of Randall B. Isenberg, our goal is to help you avoid incarceration, imprisonment, and hefty fines. You are not alone in your fight to preserve your present and your future. Our legal team will also help you retain your driving privileges by representing you at your required Administrative License Revocation (ALR) hearing. 

DWI Penalties in Grand Prairie Can Stop Your Goals in Their Tracks

You do not have to challenge the state’s case without legal support. If you are convicted of a DWI, you could face negative consequences in addition to any legal penalties, including:

• Loss of your driver’s license
• Higher car insurance rates
• Difficulty obtaining insurance
• Ineligibility for federal programs
• Ineligibility for certain employment
• Damage to your reputation
• Damage to your community standing

Our Grand Prairie criminal defense lawyer can help you protect your future and your goals and objectives. We request your ALR hearing within the allotted time, represent you there, and request a restricted driving permit for you. 

By negotiating plea agreements, we can help you avoid a felony conviction which could prevent you from having your record sealed. That means subsequent background checks could reveal sensitive information. Our legal team can help you avoid this potential complication.

Texas Has Strict Sentencing Guidelines for Underage Drivers Convicted of DWI

Texas Department of Public Safety (TxDPS) guidelines define a minor as anyone under the age of 21 involved in an underage DWI. The penalties for DWI by a minor can include:

• A first offense is a Class B misdemeanor. It is punishable by a fine of up to $2,000, confinement for up to 180 days, and suspension of your license for up to 1 year.
• A second offense is a Class A misdemeanor. It is punishable by a fine of up to $4,000, confinement for up to 1 year, and suspension of your license for up to 18 months.
• A third or subsequent offense is a third-degree felony. It is punishable by a fine of up to $10,000, imprisonment for up to 10 years, and suspension of your license for up to 1 year.

The state may opt to try you as an adult under certain circumstances, including having a blood alcohol concentration (BAC) level of .08 or higher. We will challenge BAC testing equipment and test results to combat these more serious charges and higher penalties. 

You Do Not Have to Build Your Underage DWI Defense Alone

At the Law Offices of Randall B. Isenberg, we know how hard it can be to understand all the legal aspects of your case and all the Texas laws that impact it. Our underage DWI attorney serving clients in Grand Prairie takes care of these aspects for you. We will also:

• Leverage the discovery process to examine the evidence against you
• Explain how we develop a solid defense strategy
• Handle all case-related communication on your behalf
• Obtain, complete, and file all required documentation
• Represent you at hearings, in court, and all other appearances

We never stop fighting for you and will also keep you updated on any new developments that affect your case.

How Our Law Firm Builds Your Defense and Fights Underage DWI Charges

When you turn to our law firm for legal support after a DWI arrest, we start by delving into the details of your arrest. If your rights were violated in any way, we leverage this information to build your defense. 

No two cases are alike, so we do not offer cookie-cutter legal representation. We clarify the exact charges you face and the possible penalties. Our underage DWI lawyer helps you fight for:

• Plea agreements that lead to lower charges, lighter sentences, and smaller fines
• Dismissal of the charges in cases of insufficient evidence
• A fair and speedy trial by representing you in court and holding the state to the applicable statute of limitations

Our client-focused team will investigate your arrest and resulting charges. We handle the time-consuming and complex process of collecting and evaluating evidence. We also handle the back-and-forth process of plea bargaining. While we handle the legalities of your case, you can focus on your future and on getting a fresh start. 

See Why Previous Clients Recommend the Law Offices of Randall B. Isenberg

With more than 30 years of experience as a former prosecutor and state district judge, Randall B. Isenberg knows what it takes to build an effective defense strategy. Our previous clients say:

• Carlos Piedrahita: I contacted the law offices of Randall Isenberg and they did a superb job with handling my case…Colleen was able to secure the best defense possible and most favorable terms with regards to my case. 
• Richard Trevino: The best law firm in Dallas by far. Colleen represented me in my case and was so nice to have her there. She explained every part of the process clearly and answered every question I had. Thank you so much for all your help!

Your case and your future matter to every member of our team, so we fight hard to give you the attention to detail your case needs and deserves.

Call Our Underage DWI Team for Help and Support

Underage DWI is a serious charge that you do not have to face on your own. Our Grand Prairie underage DWI attorney can help you navigate the criminal justice system. We will explain each step we take in building the strongest possible defense for you. 

Contact one of our team members at the Law Offices of Randall B. Isenberg to get started today.

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After your first DWI, you probably had to pay a significant fine and complete community service. You may have spent time in jail and lost your license. Naturally, you can expect the penalties for a second offense DWI to be even worse.

If you face a second DWI, get a second offense DWI lawyer in Grand Prairie on your side. An attorney who regularly handles these cases can help you understand what to expect and protect your rights throughout the process. Call the Law Offices of Randall B. Isenberg at 214-696-9253 today to discuss your case.

What Penalties Can I Expect for a Second Offense DWI?

A second offense DWI is usually a class A misdemeanor. A class A misdemeanor conviction calls for:

• 30 days to 1 year in jail
• Fines up to $4,000
• License suspension of 6 months to 2 years
• Possible community service, up to 200 hours
• Possible probation
• Possible drug and alcohol treatment or classes
• Possible ignition interlock device on your car

To avoid these stiff penalties, you will want a second offense DWI lawyer on your side fighting to minimize the impact your arrest has on your everyday life and your future. We can often negotiate reduced DWI charges with prosecutors, or convince the court to drop the charges if there is a lack of evidence.

How Will Your Attorney Fight Second Offense DWI Charges in Grand Prairie?

We will almost always begin a second offense DWI case with attempts to negotiate with the prosecutor to get a reduction in charges on your behalf. This is often possible, depending on the facts of your case. Occasionally, we can point out the weakness of the prosecution’s case, and ask that it drop the charges altogether.

During our investigation of these cases, we sometimes find that police:

• Acted inappropriately;
• Violated your rights; or
• Failed to follow proper guidelines for a traffic stop, arrest, or BAC testing

These actions can lead to us requesting a dismissal of the case.

If we determine the best way to get a positive outcome in your case is to go to court, we will work to establish reasonable doubt with the judge and jury. We will ask questions related to procedure and protocol, such as:

• Did the police have a valid reason for stopping you?
• Did they have reasonable suspicion of intoxication before asking to test your BAC?
• Did they conduct a field sobriety test in accordance with the National Highway Traffic Safety Administration(NHTSA) guidelines?
• Did they follow NHTSA guidelinesand Texas regulations for breathalyzer testing?

If the arresting officer failed to act according to guidelines, protocol, or Texas law, we can ask that the court refuse to accept the evidence against you. This is often how we win this type of case in court.

Will a Second Offense DWI Cost You Your Driver’s License?

It depends on the result of your license hearing. As with your first DWI, you will need to request an Administrative License Revocation hearing. At this hearing, an administrative law judge determines if you will lose your license and for how long. This process is completely independent of the criminal case against you.

We only have 15 days from the time of your arrest to request your Administrative License Revocation (ALR) hearing, or the Texas Department of Public Safety (TxDPS) will revoke your license. We can represent you during this hearing, ensuring the judge hears your side of the case and keeping you from saying anything that the prosecutor could use against you during your criminal trial.

Depending on the strength of the defense we can build for you, we may be able to prevent TxDPS from taking your license.

However, if this is not possible, we can help you apply for a provisional license. This type of license will allow you to drive to and from work, the doctor’s office, and run other important errands. A prior DWI suspension will keep you from obtaining this license for at least 90 days after your arrest.

Talk to a Second Offense DWI Lawyer About Your Case in Grand Prairie Today

If you face a second DWI conviction, you likely also face significant penalties including jail time, fines, and a license suspension. While many people think they can trust the court system and handle this type of case on their own, there is a chance they receive the maximum penalties and must contend with a second conviction on their permanent criminal record.

A second offense DWI is a serious charge, and you can trust a Grand Prairie DWI attorney at the Law Offices of Randall B. Isenberg to take your case seriously. We will help you understand the consequences you could face, and explore your legal options to minimize the impact of this type of charge and conviction.

Randall Isenberg has more than three decades of experience in the criminal justice system. He has handled thousands of cases as a criminal defense attorney, felony prosecutor, and district court judge.

You can reach the Law Offices of Randall B. Isenberg today at 214-696-9253. We offer no-cost case reviews and consultations to help you understand your options. Let us help you protect your future.

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Even a first DWI offense in Texas can affect the rest of your life in major ways. Any DWI conviction can carry heavy monetary fines, possible jail time, a driver’s license suspension, and a permanent mark on your record.

If you face DWI charges, a first offense DWI lawyer in Grand Prairie will protect your legal rights and fight tirelessly to get the best possible outcome for you. You can reach the Law Offices of Randall B. Isenberg today at 214-696-9253. We can help you understand your options and represent you throughout the process.

Do You Need a First Offense DWI Attorney in Grand Prairie?

Many people wonder if they really need to spend the money on a lawyer for their first DWI charge. And while the law does not require you obtain legal representation, a lawyer can uphold your rights, help you make smart decisions, and make a big difference in your case.

Many people believe the prosecutor will offer them a fair deal, and everything will go smoothly if they cooperate and enter a guilty plea. What they fail to consider, however, is that the prosecutor is never on your side and this type of conviction can cause significant disruption in your everyday life — and in your future.

Prosecutors may tell you that you will not serve any jail time as long as you plead guilty. They will not give you the full picture of the sentence you will receive, though. They will likely fail to mention the community service, fines, driver’s license suspension, and other consequences you might face.

Regardless of whether you plan to take a deal or fight the charges, you never want to talk to the prosecutor without an attorney in the room. Your attorney will prevent you from making statements the prosecutor can use against you.

Having a lawyer on your side throughout the process ensures that no one can take advantage of your inexperience in court. It also tells the prosecutor you are serious about fighting the charges against you, and that you will do what you need to do to get the best outcome possible in your case.

When you enlist the help of a Grand Prairie, Texas DWI lawyer at the Law Offices of Randall B. Isenberg, we will go to work investigating your case and identifying possible defenses.

Some people feel they will certainly receive a conviction if their blood alcohol concentration (BAC) tests exceeded the legal limits. However, this is not always the case. In many cases, we can challenge your breath or blood test results and convince the prosecutor to reduce the DWI charges against you or drop the charges altogether. If you must go to court, we will represent you diligently. We will present a strong case on your behalf, and argue for an acquittal or the lightest possible sentence.

What Penalties Might I Face for My First DWI Offense in Grand Prairie?

Chapter 49 of the Texas Penal Code outlines the serious DWI penalties associated with a first-time drunk driving offense. In most cases, this offense is a class B misdemeanor charge. You may face this charge if your BAC registers between 0.08 and 0.149, or if the officer determines you cannot safely drive your car because of your intoxication.

The consequences for this conviction include:

• Up to 6 months in jail
• A $2,000 fine
• A driver’s license suspension for up to 1 year

If your BAC registers above 0.149, you will likely face class A misdemeanor charges. The consequences for this conviction include:

• A $4,000 fine
• Up to 1 year in jail
• Up to a 2-year driver’s license suspension

In some cases, you may also face additional penalties or obligations after a conviction. This could include performing community service, attending an alcohol education program or substance abuse counseling, and/or installing an ignition interlock device on your vehicle.

In addition, any drunk driving conviction will go on your permanent criminal record in Texas. This means you will need to explain it in job interviews, when applying for an apartment, or renewing a professional license. In some cases, you may be ineligible for a job, home, or professional license because of your conviction.

How Can Your Lawyer Fight a First Offense DWI Charge?

In many cases, we can successfully negotiate a plea bargain on your behalf that allows you to plead guilty to a lesser offense or to avoid some of the harshest penalties associated with a first offense DWI conviction. When this is not possible, we will take your case to court.

To convict you of a drunk driving offense, the prosecution must show beyond a reasonable doubt:

• You were operating the motor vehicle;
• You were in a public place, such as a public road; or
• You were statutorily intoxicated while operating the vehicle

Our goal in court is to establish reasonable doubt about your guilt. We have a number of tactics we commonly use to do this. Often, we can fight a conviction if:

• The police did not have a legal reason to stop you
• The police did not have probable cause for blood alcohol testing
• The police did not read you your Miranda rights before questioning

We pay especially close attention to ensure the police followed all rules and best practices associated with conducting a drunk driving stop. Any field sobriety testing must meet National Highway Traffic Safety Administration (NHTSA) standard, and breath alcohol testing must meet Texas Administrative Code and NHTSA DWI testing procedures.

Will You Lose Your Driver’s License for a First Offense DWI Conviction?

You might. Losing your driver’s license can affect your day-to-day life more than almost any other consequence of a DWI arrest. When police arrest you in Grand Prairie, the police seize your driver’s license and give you a temporary permit. This permit allows you to drive for 15 days, giving you time to contact us so we can request an Administrative License Revocation hearing on your behalf. If we do not request an Administrative License Revocation (ALR) hearing, the Texas Department of Public Safety (TxDPS) will suspend your license.

At the hearing, we will represent you in front of the administrative law judge who will decide if you will lose your license or not. This gives us our first opportunity to present your defense to a judge and see how they react. It also gives us the option to hear more about the evidence the prosecution has. In some cases, we can prevent a driver’s license suspension or get the suspension time reduced during this hearing.

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Call the Law Offices of Randall B. Isenberg to Talk with an Attorney Today

Get a defense attorney who will fight aggressively to defend you and win your case. We can ensure your rights remain protected, and explain your options and how each one may affect the outcome of your case.

At the Law Offices of Randall B. Isenberg, we are standing by to take your call. We offer complimentary consultations and case reviews. Call us today at 214-696-9253 to discuss your case with a first offense DWI lawyer in Grand Prairie.

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In Texas, if you violate your probation, you will likely go back to jail for the maximum potential sentence affiliated with your crime. This is especially true if you get arrested while on probation.

A probation violation strips you of your legal rights, making a challenge even more difficult. However, you do not lose your legal right to have a lawyer and to make a case for your defense. Call a probation violation lawyer in Grand Prairie today for help at 214-696-9253.

Violating Probation Takes Away Some of Your Legal Rights

Violating probation removes several of your legal rights, including the right to a trial by jury and the standard of reasonable doubt.

Instead, a judge will hear your probation violation case. And, rather than the normal standard of reasonable doubt, the judge can revoke your probation based on only a preponderance of the evidence.

You do still have the right to legal counsel and the right to present evidence in your own defense.

Because you do lose key legal rights in a probation violation action — whether you actually did violate the terms of your agreement — it is critical that you take full advantage to the rights you do retain.

Having a probation violation lawyer to represent you will ensure the protection of those remaining rights.

What Happens When You Violate Probation in Grand Prairie?

The court bases the penalties for violating probation in Grand Prairie on the type of probation you received at the time of your original sentencing.

The original probation agreement issued by the court contained specific requirements, conditions, programs, and penalties you agreed to in exchange for staying out of jail (or getting out early).

The laws that address probation in Grand Prairie allow for two different probation structures: deferred adjudication and suspended sentence.

Deferred Adjudication

A deferred adjudication agreement takes the place of a conviction for a given offense, and allows you to avoid a trial. Under this type of probation agreement, the prosecutor will dismiss your charges once you complete the requirements of your agreement.

If you do not complete your obligations, or if you violate any of its provisions, the court will hold a violation hearing. At the violation hearing — unless you can present persuasive evidence for your case — the judge will declare you guilty. In most cases, the judge will sentence you to the maximum penalties (fines and jail time) allowable under the statutes.

Suspended Sentence

The court issues this type of probation, sometimes called straight probation, when you accept a plea bargain, or the court finds you guilty for your crime. Under straight probation, the court lets you avoid jail in exchange for meeting the conditions of your probation agreement.

Upon violation of a suspended sentence agreement, the prosecutor will file a motion that revokes your suspended sentence agreement, pending a probation violation hearing. After the hearing, if you do not present sufficient evidence on your behalf, the court will order you back to jail for the unserved portion of your sentence.

If you get a probation violation lawyer involved, however, we may be able to convince the court not to revoke your probation or file a motion to adjudicate. Instead, we many convince the prosecutor to renegotiate the terms of your probation, ideally keeping you out of jail.

You may have to stay on probation longer or meet additional requirements; however, if you can retain your freedom, the result will likely pose an acceptable compromise for you.

We may convince the judge to allow your probation agreement to continue on as it currently stands, or with modified terms or additional requirements. Or it may benefit you to offer a proactive solution such as going to rehab or another type of treatment.

How Do You Violate Your Probation in Grand Prairie?

It is often quite easy to violate probation. These violations typically involve either testing positive for drugs or alcohol, getting arrested or caught associating with a criminal element, failing to appear for an appointment with your probation officer (PO), or leaving the state without permission from your PO.

Other common violations include failure to perform your assigned community service, failure to retain gainful employment, failure to report for counseling, and failure to report for drug or alcohol testing.

Talk to a Probation Violation Lawyer Today at No Cost

If your violation involved getting arrested on another charge, the court may refuse to allow you to bond out of custody based on your probation violation.

Your lawyer will have to work quickly and aggressively to build a strong case for your probation violation defense.

With more than 30 years’ experience as a felony prosecutor, district court judge, and probation violation lawyer, Attorney Randall Isenberg has the insight and experience you want working on your behalf. Attorney Isenberg will protect your legal rights and work tirelessly to build a strong case on your behalf, to help ensure the best possible outcome.

Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 for help with your probation violation in Grand Prairie.

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In Texas, any criminal conviction stays on your record forever. Potential employers and landlords, for example, will have access to these public records and, in most cases, they can legally reject you from employment opportunities and even house rentals as a result. Your conviction can prevent you from holding most professional licenses, obtaining a student loan, or even getting into a good school.

You have served your sentence and paid your fines, yet your criminal record continues to punish you. What can you do? You can contact an expunction and non-disclosure lawyer in Grand Prairie to determine whether you might be able to get your criminal record cleared or sealed.

Call the Law Offices of Randall B. Isenberg today to get started: 214-696-9253.

How Do You Clear Your Record?

Expunction is the process of removing an arrest from your public record.

To get a court to expunge your record, you must first identify the correct court, and then petition that court using a fairly complex process. Depending on where your arrest occurred and what crime it concerned, you may have to submit your request to a county, city, or district court.

On the petition, you must name as respondents every individual or entity that may have your record as well as anyone the incident in question affected.

Having an expunction lawyer complete the petition on your behalf will ensure that the documents are complete and accurate; otherwise, errors or incomplete petition forms may sidetrack your efforts.

If your application was correct and complete, the court will schedule a hearing. At the hearing, you must prove you meet the criteria for expunction. Respondents may also testify as to why they believe your record should or should not qualify for expunction.

What Events Qualify for Expunction?

Only certain types of charges qualify for expunction. These include:

• Arrests for which you never faced charges
• Criminal charges that the court later dismissed
• Most misdemeanor juvenile incidents (including alcohol offenses that occurred when you were a minor)
• Convictions that were overturned on appeal
• Convictions for which you were pardoned

Does Your Record Qualify for Expunction?

If you went to trial for the offense in question, but the court either pardoned or acquitted you, you likely qualify for expunction as long as the court never convicted you for another offense related to that incident.

If you never went to trial, you may qualify for expunction as long as:

• The court never convicted you for that offense;
• The arrest was not for violating probation;
• You did not flee while on bail; and
• The court never gave you probation for that offense.

You must also prove the following:

• The court dismissed charges; OR
• The court voided the charges; OR
• The prescribed waiting period expired; OR
• The statute of limitations expired; OR
• The prosecution no longer needs your records

Due to the complex nature of the conditions of expunction, talking with a lawyer is the best way to determine if your record qualifies.

How Do You Seal Your Record?

A non-disclosure order facilitates the removal of your information from the public record only. This allows you to state that you have never been convicted of a crime.

It is important to note the records will remain available for the review of the courts, law enforcement agencies, and any others who may require access.

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What Events Qualify for Non-Disclosure?

For Class B misdemeanors and any offense less serious, you likely qualify for a non-disclosure order if you completed a probationary or deferral program.

Exceptions include:

• Domestic and family violence
• Injury, abandonment, or endangerment of a child
• Injury to an elderly or disabled person
• Kidnapping
• Sex crimes
• Stalking
• Violation of a protective order

You cannot petition for a non-disclosure order until the prescribed waiting period expires. You also may not have since been convicted for any other criminal offense.

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Expunction and Non-Disclosure Prescribed Waiting Periods

Expunction

To obtain a full order of expunction, you must wait to make the request until the statute of limitations expires for the offense in question.

You can request an order of expunction before the statute of limitations expires. However, the prosecutor in your case will retain your records until that time, even if the court approves your expunction request.

The required waiting period to apply for an order of expungement is:

• 180 days from the date of arrest for a Class C misdemeanor
• 1 year from the date of arrest for Class B and Class A misdemeanors
• 3 years after arrest for felonies

Non-Disclosure

For misdemeanor offenses, you can petition for an order of non-disclosure as soon as you complete probation or deferral, as long as the offense did not involve violence, weapons, or sex crimes.

If your crime did involve one of these offense categories, you must wait 3 years after the completion of probation or deferral to petition for non-disclosure.

Once you complete probation or deferral for a felony offense, you must wait for 10 years after the completion of probation or deferral to petition for non-disclosure.

When the court approves your expunction or non-disclosure order request, the court handles notifying all parties who hold the record, and directs them to purge or seal the information. This process can take up to a few months. However, to ensure that all respondents take the required action, your expunction and non-disclosure lawyer can follow up to verify.

Consult an Expunction and Non-Disclosure Lawyer to Learn More

Hiring a lawyer to handle this complex process can take some of the stress and confusion out of seeking an expunction or order of non-disclosure. Your lawyer will be familiar with the process and understand how to prepare and submit the petition as well as following up to ensure that your records get handled in accordance with the court’s direction.

Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule your complimentary consultation.

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