Sign Texas NDA Easy

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hi I'm Texas attorney dan Lazzarini I'd like to discuss ex functions in Texas like to talk about what exactly that means how do you get an ex function in Texas who qualifies and how does the process actually work first of all you know we hear the terms expungement or ex function from time to time it means the same thing okay an ex function in Texas means a court order for government agencies who have records related to an arrest and other events that follow an arrest like a prosecution in order to delete those records so that's what we're going for that's what we mean when we talk about an ex function of criminal records the deletion of those criminal records okay so who can get an ex function well let me just begin by saying the statute is pretty complicated there are a lot of different conditions and other factors that have to be considered when evaluating any specific set of circumstances so if you think you may qualify for an expunction for a case I'm encourage you now to call an attorney immediately and discuss your specific set of circumstances so broadly speaking a person who is entitled to an expunction they fall in a couple different categories so the first category is when someone gets arrested but is never charged so you get arrested never get charged with a crime never go to court you're entitled to get those records of that arrest erased or expunged but there's a waiting period involved unless the DA agrees and if the waiting period depends on what type of offense so if it was a Class C misdemeanor for example the waiting period is currently 180 days it was a Class A or B misdemeanor you're looking at a wait period of one year and again that's if the DA does not agree to waive that waiting period another time you could be entitled to an expulsion of records as if you got arrested and you actually did get charged with the crime but that was that charge was later dismissed because of because it was filed due to some sort of mistake or false information or it was filed despite their never actually having been probable cause for that offense so this is a very narrow means to get an expulsion it doesn't apply a lot of times and that's because in my experience there's got to be a finding that that charge was dismissed because there was not probable cause the most common way that someone is entitled to anacs function is when they get arrested charged with a crime they go to court but for one reason or another the DA eventually dismisses that case so once the DA dismisses that case you will be entitled to an expunction of those criminal records the only issue is you have to wait until the statute of limitations expires so for a misdemeanor say someone's charged with possession marijuana is Class B misdemeanor the statute of limitations is two years so if you get arrested go to court for nine months your case gets dismissed by the law and you're not entitled to an expulsion until the statute of limitations expires meaning until two years after the date of that arrest again though unless the DA agrees so in some jurisdictions for example Harris County if circumstances warrant sometimes that District Attorney in Harris County will review everything and agree to an early expulsion another time you're entitled to expulsion is when there's an acquittal meaning you're found not guilty at trial you can actually get an automatic expunction file within a few weeks you don't even have to pay a filing fee how does it work if you're entitled to an expunction you've got to file a new lawsuit so a petition for expulsion of criminal records it's got to be filed in a civil district court or if it's a court of general jurisdiction than a district court in that county you got to get a hearing date there will be a hearing and all of those agencies who have records of your arrest and prosecution will be ordered to either voice their objection or eventually once the judge orders it delete all of their records if you think that a case that you previously had is available Forex function call immediately or visit our website we'll talk to you soon