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Faq how much does an expunction cost in texas

The main expenses of an expunction (also called an expungement) in Texas are the court costs and attorney fees. Court costs vary by the courthouse. The amount of your attorney fees will depend on how complicated your case is and how much work the lawyer has to do to get your arrest record wiped clean.

Although an expunction can cost several thousand dollars or more, the benefits to your career, education, reputation, and life are well worth the expense. Even if the prosecutor dismissed the criminal charges against you or a judge or jury found you not guilty, you still have an arrest record. Arrest records are available to the public in Texas.

You could miss out on the job of your dreams if a potential employer does a background check and sees that you got arrested in the past. A college or university might reject your application for admission if they see an arrest on your record. You might not be eligible for certain professions if you have a criminal background.

How an Expunction Protects You

According to the Texas State Bar, if you get an expunction, your arrest record will look as if nothing ever happened. All court documents, paper records, and digital records of your arrest will get destroyed. If a potential employer, university admissions committee, or anyone else pulls your criminal record, there will be no trace of the arrest. They cannot penalize you for an arrest that they cannot see.

Find Out if You Are Eligible for an Expunction

If your lawyer makes a formal request for an expunction, you should receive it if you:

Got arrested but were not charged with a crime and the time limit for filing charges has passed
Were charged with a crime, but the case was dismissed and the time limit for going forward on charges against you has expired
Got charged with a crime but received an acquittal
Got convicted of a crime, but a court later found you to be innocent
Received a conviction but later got pardoned

A lawyer can request an expungement for a client if the prosecuting attorney recommends expungement or if you were convicted but later acquitted. In these situations, it will be up to the judge to decide if you will get an expungement.

The judge can deny your request for expunction if you are an adult offender who received probation or deferred adjudication. Additional reasons for denial of expunction requests are if the petitioning party:

Jumped bail
Got charged with a felony that later got dismissed, but the time for refiling charges has not yet passed
You face charges for an additional crime that was related to the arrest for which you seek an expunction
Got convicted of a felony within five years of the arrest date in question

There are many other reasons that can lead a judge to deny your request for an expunction. We can explain additional factors after we investigate your situation.

Another Option: A Non-Disclosure Order

Sometimes a person does not qualify for an expunction, but he wants to keep his arrest record out of the hands of people who can affect his career, education, livelihood, or personal life. We might seek a non-disclosure order from the court to protect your privacy. According to the Texas Justice Department, a non-disclosure order will seal your criminal records from everyone except for law enforcement and other entities with the authority to view the documents.

Working with a Lawyer on an Expunction

Texas law does not force you to work with an attorney on your formal request for an expunction, but doing so can be well worth the expense. Texas penal laws are complicated, and a criminal defense lawyer can help you navigate through the process.

If you try to handle your own expunction as a DIY project, you will save yourself some money on legal fees, but you could lose the case.

If you work with an attorney and get an expunction of your arrest record, the legal fees will pay for themselves quickly because you will avoid significant financial harm that can continue for the rest of your life. For example, if your arrest was for a driving-related offense, your car insurance premiums can go up for years.

Try to put a price on getting into the desired college or having the career you have always wanted. Working with a lawyer is an investment in your future.

Call the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Many people do not realize until it is too late how much it will cost them if they get a DWI in Texas. The fine that the judge imposes is just the beginning of the drain on your wallet. You will also have to pay court costs and attorney fees. If the judge orders driver education, you will have that expense as well.

Also, your insurance premiums will skyrocket. It can take years for your automobile insurance costs to come down. You might have to use an ignition interlock device that requires you to take a built-in breathalyzer test every time you drive, as the Texas Department of Public Safety describes. Those devices are not free.

With all of these expenses, plus the damage that a criminal conviction does to your career and reputation, it is vitally important to try to avoid a DWI conviction. A Texas DWI lawyer might be able to help you get a better outcome.

Statutory Fines for DWI in Texas

The Texas Department of Transportation explains specify a range of fines for DWI, depending on multiple factors in your case. Here are some examples:

You can get a fine of up to $500 for having an open container in a vehicle, whether you are the driver or a passenger. If several people in your car have open containers, the cost could add up to $2,000 or more.

The first DWI conviction can result in a fine of up to $2,000. You can go to jail for a period from three to 180 days, which will cost you in lost income. You can lose your driver’s license for up to a year. The state will charge you fees to reinstate your license. You will also have to pay a fee of $1,000 or $2,000 every year for the next three years to retain your driver’s license.

For a second DWI conviction, the statutory fine can be up to $4,000. You can spend from a month to a year in jail, which will mean that you are not earning a paycheck. You can lose your driver’s license for up to two years and have to pay reinstatement fees. For the next three years, you will have to pay $1,000, $1,500, or $2,000 every year to keep your license.

A third DWI conviction can result in a fine of up to $10,000. Your prison sentence can be two to 10 years, which is a massive amount of lost wages. You will continue to suffer financial losses for the rest of your working life from low-paying jobs. You can lose your driver’s license for up to two years and have to pay reinstatement costs and annual fees for three years to keep your license.

Texas law considers driving while intoxicated as child endangerment if you have a passenger under the age of 15 in your vehicle. In this situation, you can get hit with a fine of $10,000. You can lose your license for up to 180 days. Also, you will lose significant income if the judge sentences you to time in the state jail, which can be for up to two years.

Additional Costs of a DWI in Texas

You will have more financial losses after a DWI in addition to statutory fines, lost wages, driver’s license reinstatement fees, and annual fees to keep your license. Every case is different, but here are some of the additional costs of getting convicted of a DWI in Texas:

Court costs. Courts assess costs to pay for their overhead. The costs vary by court, but you might have to pay a couple of hundred dollars to the court.

Administrative process. A DWI goes through two separate procedures: administrative and judicial. The state has an administrative process to suspend or revoke your driver’s license. The judicial process is the court case. The state will charge you fees and costs.

Your car insurance premiums will go through the roof after a DWI conviction. The increased premiums will stay high for years. Your current insurance company might cancel your policy, forcing you to buy insurance from another company at higher rates.
Attorney fees can be one of the highest costs of getting charged with a DWI, but with so much at stake, you should try your hardest to avoid getting a conviction. A DWI lawyer can help prepare a defense for you and navigate through the court case and administrative procedures.

The judge might order you to use an ignition interlock device (IID). You will have to pay for installation and monthly charges, which can add up to $1,000 to $2,000 a year.

Sometimes people have to attend driver education courses or addiction treatment as part of the judgment for a DWI conviction. These programs can cost from a few hundred to several thousand dollars.

Call the Law Offices of Randall B. Isenberg today at (214) 696-9253 to get started on rebuilding your life and fighting your DWI charges.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Violent offenses against another person via assault and the punishments that accompany these offenses are defined in the penal code of the state of Texas under Chapter 22.02 – Aggravated Assault.

Many factors come into play when determining whether your offense under Texas Penal Code Ch 22.02 – Aggravated Assault will be charged as a felony of the second degree or a felony of the first degree. Our criminal defense lawyer’s insight can work toward your benefit in constructing a defense. Call the Law Offices of Randall B. Isenberg at (214) 696-9253 for a free consultation.

How Texas Penal Code Defines Assault

According to Texas Penal Code Ch 22.02 – Aggravated Assault, you can be charged with assault if you intentionally do one of the following:

cause physical injury to another person or their spouse
threaten another person or their spouse with physical injury
make physical contact with a person knowing that the contact will be perceived as “offensive or provocative”

How Aggravated Assault Differs From Assault

An assault of another person will be regarded as an aggravated assault if your actions match the conditions described above, and they also either cause serious bodily injury or involve the use of a deadly weapon. These terms are defined within Texas Penal Code Title 1 Chapter 1.

Serious Bodily Injury

Texas statutes define serious bodily injury as any physical injury that causes a “substantial” risk of death, causes death, causes serious permanent disfigurement, or results in the loss or impairment of any bodily function.

Deadly Weapon

If you used a firearm or any other device that is designed and manufactured or modified for the sole purpose of inflicting serious bodily injury or death, or if you used an object that can be used effectively to cause death or serious bodily injury, your assault charge involves the use of a deadly weapon.

When either of the above elements factors into your committing an assault, you can be charged with aggravated assault.

If you would like to discuss the Texas Penal Code Ch 22.02-Aggravated Assault charge placed against you, call the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation.

How an Aggravated Assault Is Classified in Texas

Texas Penal Code Ch 22.02 – Aggravated Assault classifies any aggravated assault as a felony of varying degrees, depending upon certain circumstances of the offense.

A Felony of the Second Degree

Texas generally classifies aggravated assault as a felony of the second degree. If you are convicted, you will face a prison sentence of 2 to 20 years and a fine of as much as $10,000.

Circumstances That Elevate Aggravated Assault to a Felony of the First Degree

When an aggravated assault is committed in certain contexts, the offense is classified as a felony of the first degree, with the offender facing correspondingly stronger penalties and punishment. Your aggravated assault offense will be elevated to a first-degree felony if any of the following are true:

The assault is against a member of your family.
The assault is against your spouse, former spouse, someone you are dating, or someone you used to date.
The assault is against a member of your household, regardless of whether you are related.
You commit the assault while you are operating as a public servant.
You commit the assault against someone you know is a public servant, during the course of their work in that capacity, or in retaliation for some official, lawful exercise of their role as a public servant.
You commit the crime against a witness or informant in retaliation for their role in this capacity.
You knowingly assault a security officer who is on duty ( 1702.222)
You are in a motor vehicle and fire a gun at home, building, or other motor vehicles, without regard for whether it is occupied, and in so doing, cause serious bodily injury to another person.
You assaulted a public servant or security officer who was in uniform or badge.

Penalty and Punishment for Felony of the First Degree

In Texas, the consequences for a first-degree felony include five to 99 years or life in prison. You will also be fined up to $10,000. Felony cases are tried in a district court. First-degree felonies are automatically appealed to the Texas Court of Criminal Appeals.

A Lawyer To Defend You Against Aggravated Assault Charges

The Law Offices of Randall B. Isenberg can craft a sound defense strategy for you using the knowledge that attorney Randall B. Isenberg has gained during his more than 30 years as a prosecutor and a state district judge.

Call the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free case review and consultation.

An administrative license revocation (ALR) hearing is an opportunity for you to challenge whether your driver’s license will be suspended or revoked when a driving while intoxication (DWI) charge has been placed against you.

At the ALR hearing, the prosecution will present their evidence in an attempt to have your license revoked or suspended. You will have the same opportunity to present your evidence as to why your license should not. You can have your attorney present with you at this hearing. The state has the burden of proof in this proceeding, and your lawyer will defend against the state’s case.

The administrative law judge will consider all the evidence from both sides and determine whether your license should be suspended. If you are displeased with the judge’s final determination, you have the right to appeal it. The outcome of the hearing does not affect your criminal DWI case, although, there are crossover issues such as the circumstances for the arrest and the issue of probable cause.

DWI Charges in Texas

A DWI in Texas can come with severe penalties and fines, starting with your arrest and the suspension of your driving privileges starting at the time of your arrest. If you refuse to take the Blood Alcohol Concentration (BAC) test, or if you take the test and receive an 0.08 BAC or more, the arresting officer will take your license away and give you a notice of hearing. The notice of hearing informs you that you have 15 days from the date of the arrest to request an ALR hearing to have your driving privileges restored. The hearing is not in a court and is conducted by an administrative law judge who hears the evidence regarding the revocation of your license.

If you are dependent on your vehicle for work-related reasons, you can request an occupational license, which will give you limited driving privileges to get to and from work and other essential activities. If you do not request the hearing, you have 40 days after receiving the notice of suspension before your license is automatically suspended.

Requesting an ALR Hearing in Texas

You can request your ALR hearing by mail, phone, or online. It is important to remember that you have 15 days from your arrest date, so being aware of the deadline date is vital. The information you need for the request includes the date of the arrest, the county where the arrest occurred, the name of the arresting agency, and the name of the arresting officer. To make sure that your hearing takes place in a timely manner, you may want to make the request online.

An ALR Hearing Is Not a Criminal Proceeding

It is important to understand that the ALR is not to determine guilt. It is an opportunity for you to retain your driving privileges. That said, the state still bears the burden of proof, and the evidence presented can be used at a later date. If you refused to take the blood or breath field sobriety test, the state must prove that:

Law enforcement had reasonable suspicion to stop you
Law enforcement had probable cause that you were driving while intoxicated
Law enforcement placed you under arrest and requested that you take a blood or breath test
You refused to take the test

If you took the test, the state must prove that:

Your BAC test had a reading of 0.08 or more
There was reasonable suspicion or probable cause to stop you

Your attorney will usually subpoena the arresting officer and cross-examine them. Information gathered at the ALR hearing will help you in your criminal case.

Keeping Your License

Your lawyer will examine the facts of the case and may offer a defense such as:

Law enforcement did not have probable cause to stop you
Law enforcement did not ask you to take a blood or breath test
If you took the test, the results were not accurate
The test was not administered properly
The state’s documentation is incorrect
Your consent to take the test was not freely given

If you are permitted to maintain your driving privileges at the ALR hearing, the above may be helpful at your criminal hearing.

Why an ALR Hearing Is Important

Because the state’s burden of proof is relatively low, it is possible that you may lose at the hearing. However, during the discovery process, your attorney will learn what evidence the state has against you so they can build a strong defense to the charges and prepare for your criminal case. Your lawyer will receive the police reports, data information from the breathalyzer machine, and sworn testimony from the arresting officer. Regardless of whether your license is suspended, revoked, or returned to you, your attorney will have access to the state’s evidence to defend your criminal case.

Having an attorney by your side during your ALR hearing in Texas and criminal hearing is important. If you have been charged with a DWI in Texas, call the Law Offices of Randall B. Isenberg at (214) 696-9253 for a free case review.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Texas penal code section 46 03 weapons prohibited

Texas Penal Code Ch 46.03 – Places Weapons Prohibited describes and lists the places you cannot take a “firearm, location-restricted knife, club, or prohibited weapon,” although there are some exceptions. Some places where firearms are prohibited are:

On the premises of a school or educational institution;
Anywhere where there is a school-sponsored activity;
Anywhere on or near a passenger transportation vehicle belonging to a school or educational institution is parked;
On the premises of a polling place;
On the premises of any government offices utilized by the court;
On the premises of a racetrack;
In any secured area of an airport;
Within 1,000 feet of a place of execution;
On the premises of a business with a license to sell alcohol;
On the premises of a correctional facility;
On the premises of a hospital, nursing facility, or mental health facility;
At an amusement park; or
On the premises where an interscholastic event is being held.

Beginning September 1, 2019, Texas will permit firearms to be carried into places of worship. Additionally, a law will go into effect that gets rid of the cap on school marshals that are allowed to carry a gun in public schools. Yet another new law will also allow handgun owners to carry their concealed firearms without a permit if a disaster has been declared, as reported by CBS.

Prohibited Weapons

All the following weapons are included in the list of prohibited weapons:

An explosive weapon (unless registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives)
A machine gun (unless registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives)
A short-barrel firearm (unless registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives)
Brass knuckles
Armor-piercing ammunition
A chemical-dispensing device
Zip guns
A tire deflation device
Firearm silencer

Penalties and Fines

You can face third-degree felony charges for violating this statute. A third-degree felony comes with a $10,000 fine and between two and 10 years in prison.

With a felony on your record, you will have challenges in the future such as:

Getting a job
Getting into a school
Getting a mortgage or loan
Getting professional licensure
Getting a firearm again

The Law Can Be Complex

Given the complexity of the firearm laws in Texas, and the recent changes, getting an attorney to help you navigate the legal system may be helpful. Your attorney will:

Review your case
Explain what the consequences of a conviction may be
Develop a strategic defense based on your circumstances
Help you understand all your options
Collect evidence to help develop your defense
Provide legal guidance throughout the entire process
Negotiate with the prosecution to lessen your charges or have them dismissed entirely

If you have been charged with violating Texas Penal Code Ch 46.03, hiring an attorney to help you defend against the charges is a good idea. The gun laws in Texas are complicated so it is possible that you may break a gun law unintentionally. If you have been charged with a violation of Texas Penal Code Ch 46.03, call the Law Offices of Randall B. Isenberg at (214) 696-9253. Get the help you deserve today.

Texas Penal Code Ch 22.011 – Sexual Assault

Sexual assault is a serious offense in Texas, and those who face charges are looking at severe penalties if convicted. If you or a loved one is charged with violating Texas Penal Code Ch 22.011 – Sexual Assault, our defense team will review your case and determine if our firm can defend you against these charges. Securing legal representation promptly is one of the most important steps you can take for your future right now.

A sexual assault conviction is damaging, and its devastating consequences can change your life forever. For example, you will have to register as a convicted sex offender in Texas. The legal team at Law Offices of Randall B. Isenberg represents clients in all kinds of sex crime cases. You can discuss your case with us today during a free and confidential consultation.

How Texas Law Defines Sexual Assault

Sexual assault involves more than just rape, even though rape is usually what comes to mind when sexual assault is mentioned. As defined in Texas Penal Code Ch 22.011, sexual assault includes:

Intercourse and penetration without consent
Sexual abuse of an individual who cannot give their consent due to a disability or diminished mental capacity
Intercourse, penetration, or sexual contact with a minor (The law defines a minor as any person under age 17.)
Forcible and violent intercourse, penetration, or sexual contact, regardless of whether consent is given
Coercive sexual acts

In Texas, if a defendant used or threatened physical violence to control the victim, or the victim was unable to resist the sexual act, the law considers this lack of consent. In addition, if the defendant is in a place of power or charged with taking care of the individual they are accused of sexually assaulting, Texas considers the victim unable to consent. Individuals in such positions of power include health care providers, clergypersons, public servants, and employees of a facility, such as a nursing home where the victim lives.

Defining Aggravated Sexual Assault

Sexual assault becomes aggravated sexual assault if any of the following occur:

The defendant attempted to cause, or caused, serious bodily injury or death to the victim.
The defendant placed the victim in fear of losing their life, being kidnapped, or suffering severe bodily injury.
The defendant used a deadly weapon.
The defendant committed the assault with another person.
The defendant used a “date rape” drug such as Rohypnol or ketamine to incapacitate the victim.
The victim is younger than 14 years old.
The victim is disabled or elderly.

Sexual Assault Penalties in Texas

A sexual assault is generally a second-degree felony unless there are aggravating circumstances, such as the ones mentioned above. A second-degree felony carries a charge from 2 to 20 years in state prison and/ or a fine up to $10,000.

Aggravated sexual assault is a first-degree felony. If the charge is elevated to a first-degree felony, the defendant faces 5 to 99 years in state prison and/or a fine of up to $10,000.

For example, the minimum prison sentence for someone convicted of sexual assault of a minor under 6 years old is 25 years. This sentence also applies for sexual assault with a weapon against a child if severe injury or death results.

A Sexual Assault Defense Attorney from Our Firm Could Represent You

Attorney Randall B. Isenberg understands the seriousness of a sexual assault charge. He also knows how to protect his clients’ rights when managing cases involving complex legal matters.

Attorney Isenberg is a former state district trial judge and senior chief felony prosecutor who knows his way around a courtroom. He served on both sides of the bench and has been a legal professional for more than 30 years. He believes every client deserves to have the facts in their case heard and get their day in court.

Our sexual assault attorneys will immediately go to work on your case once you become our client. We will review the prosecution’s case against you, and any evidence presented. Among the pieces of evidence we will examine in your case is the police report or information report – a sexual assault survivor has a legal right to make either.

We Will Represent You in All Legal Proceedings

Our team will meet with authorities, including the police, on your behalf or be there with you when you talk with them. It is important to keep a low profile and watch what you say and do. Anything you say to the authorities can and will be used against you, even if the allegations you face are false – this is why we advise our clients to leave the talking to us.

Our legal team will also ensure you understand every phase of the legal process, how it works, and what it means for your case. Our other services include:

Collecting and reviewing evidence that supports your case (e.g., witness testimony)
Identifying any errors authorities made during their investigation or your arrest
Looking for weaknesses in the prosecution’s case
Building your defense and preparing it for the judge and jury
Working diligently to get your charges dropped, reduced, or dismissed
Updating you regularly on all developments in your case
Keeping in touch with you and answering your questions and concerns

Possible Defenses to a Sexual Assault Charge in Texas

If you have been accused of sexual assault in the United States, you still have rights under the law and are innocent until proven guilty. You also have the right to reasonable bail. When setting bail, the courts consider the victim and community’s future safety, as well as the circumstances of the assault. While bail must be high enough to ensure defendants appear in court, it cannot be used as a form of punishment.

Our defense attorneys will know what to do to give you a chance at an acquittal or reduced charges and penalties. As serious as a sexual assault charge is, defendants have a legal right to defend themselves with the help of an attorney.

The following are defenses that our firm could use in a client’s case:

The defendant did not intend to cause harm.
The victim gave consent.
The defendant was providing medical care to the child, and no contact or penetration of the mouth, anus, or sexual organ of either party occurred.
The defendant was married to the child.
The defendant was not more than 3 years older than the victim, and the victim was 14 years old or older and not prohibited from marrying the defendant.
The defendant was insane.
The defendant has an alibi—an explanation of their whereabouts—which differs from the location and time the crime occurred.

Misidentification is another defense one could provide if there is evidence to support it. The burden of proof lies on the prosecution, and we will be ready to challenge the case against you with supporting evidence.

Jail Time Is Not Mandatory for Some Sexual Assault Charges

Nonconsensual sexual contact involving an adult without penetration or physical injuries falls under Texas Penal Code Section 22.01(a)(3). This offense is known as assault – offensive contact.

The law specifies that a person can commit assault if they “intentionally or knowingly cause physical contact with another person when the person knows or should reasonably believe the other will regard contact as offensive or provocative.” This is a Class C misdemeanor that is punishable by a fine of up to $500.

There is a 2-year statute of limitations to file a charge, and no prison time is involved. However, the same conduct with a child younger than age 17 classifies as a second-degree felony with no limitations on when the victim must file.

The state prosecutor must prove beyond a reasonable doubt that you committed the assault, which is a difficult burden of proof. If you have been arrested on a sexual assault or rape charge, you deserve to have an attorney on your side who can serve as a legal advocate and knows how to manage the case.

Call Us Today for a Free, Confidential Consultation

A sexual assault charge in Texas is serious. If you face such a charge, consider hiring a legal advocate to look out for your interests and help you take on this legal battle. Our Texas sexual assault lawyers are ready to hear your side of the story and discuss how we can help.

When you choose our firm, we will walk you through the steps necessary to defend yourself against this charge and the legal options available to you. Call Law Offices of Randall B. Isenberg at (214) 696-9253 today for a free case review.

How Much Does An Expunction Cost In Texas?

Search Results for: court

How an Expunction Protects You

Find Out if You Are Eligible for an Expunction

Another Option: A Non-Disclosure Order

Working with a Lawyer on an Expunction

Statutory Fines for DWI in Texas

Additional Costs of a DWI in Texas

How Texas Penal Code Defines Assault

How Aggravated Assault Differs From Assault

Serious Bodily Injury

Deadly Weapon

How an Aggravated Assault Is Classified in Texas

A Felony of the Second Degree

Circumstances That Elevate Aggravated Assault to a Felony of the First Degree

Penalty and Punishment for Felony of the First Degree

A Lawyer To Defend You Against Aggravated Assault Charges

DWI Charges in Texas

Requesting an ALR Hearing in Texas

An ALR Hearing Is Not a Criminal Proceeding

Keeping Your License

Why an ALR Hearing Is Important

Prohibited Weapons

Penalties and Fines

The Law Can Be Complex

How Texas Law Defines Sexual Assault

Defining Aggravated Sexual Assault

Sexual Assault Penalties in Texas

A Sexual Assault Defense Attorney from Our Firm Could Represent You

We Will Represent You in All Legal Proceedings

Possible Defenses to a Sexual Assault Charge in Texas

Jail Time Is Not Mandatory for Some Sexual Assault Charges

Call Us Today for a Free, Confidential Consultation

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