Frequently Asked Questions

Texas Expungements

What is a Texas expungement and why do I need one?

What is an Expunction?

Expunctions provide individuals with a fresh start by erasing records of arrests or charges for criminal offenses when they were wrongly accused. An expungement is a powerful court order requiring law enforcement
agencies and criminal record repositories to destroy all records related to the arrest and prosecution.

This process typically results in the destruction of records such as jail files, police reports, prosecution documents, and court records.

Once your record is expunged, you are legally allowed to deny its existence. Additionally, it is illegal for anyone to publish information about an expunged offense.

For more information, feel free to book a free 15-minute consultation with one of our attorneys.

What cases are eligible to be expunged in Texas?

Types of Texas Criminal Case Dispositions Eligible for Expunction

Several types of Texas criminal case dispositions may qualify for expunction. Below are common examples of cases that can be expunged:

  • Acquittal: Any Texas crime where you are found not guilty by a judge or jury (acquitted by the trial court).
  • Pardon or Relief Based on Actual Innocence: If convicted of a Texas criminal offense but later pardoned or granted relief based on actual innocence.
  • Unlawful Carrying of Weapons: Crimes under Texas Penal Code Section 46.02(a) for the unlawful carrying of weapons, applicable to offenses committed before September 1, 2021. Examples include:
    • Unlawful Carrying of a Gun by a Minor
    • Unlawful Carrying of a Gun in a Vehicle
    • Unlawful Carrying of a Weapon at a Licensed Premises
    • Unlawful Carrying of a Knife, Club, Brass Knuckles, or Nunchucks
  • Dismissed Cases: Texas criminal offenses that were dismissed. Note: A waiting period may apply, typically based on the statute of limitations for the offense.
  • Fine-Only or Class C Misdemeanor Offenses: Cases where deferred adjudicated probation was successfully completed. Examples include:
    • Class C Assault
    • Theft
    • Public Intoxication
    • Possession of Drug Paraphernalia
    • Theft by Check
  • Minor Alcohol-Related Convictions: Certain convictions involving minors and alcohol-related offenses.

If you need more information, please feel free to book a free 15-minute consultation with one of our attorneys.

How long does it take to expunge a Texas arrest from your criminal record?

The process to expunge a Texas criminal case typically takes 3 to 6 months from the time of filing to the court issuing an expunction order. This timeline can vary significantly depending on the court
and county handling the case. Some courts process cases faster, while others may take longer.

Once the expunction order is issued, state and local agencies listed in the petition are given 60 days to remove all records related to the criminal offense from their files. However, since most
records are now maintained digitally, this process often takes less than 60 days.

If you need more information, please feel free to book a free 15-minute consultation with one of our attorneys.

Will my Texas criminal record still show up after it is expunged?

Your expunged criminal record should no longer appear in any governmental state or local database. To confirm that your case has been properly expunged, you can take the following steps:

  • Perform a search on the county or district clerk’s website for your case details. Most counties offer online criminal record searches.
  • Order your official criminal history report from the Texas Department of Public Safety to ensure the record is no longer in their database. Avoid searching their online records, as these only offer limited information. To obtain the official report, you will need to get fingerprinted.

Instructions for fingerprinting can be found on the Texas Department of Public Safety website:

Fingerprinting Services Instructions

Do I have to disclose an expunged case on a job application in Texas?

No, you do not have to disclose an expunged Texas case on a job application. When a case is successfully expunged, the records related to the arrest or charge are legally erased and treated as if they never existed. As
a result, you generally have the right to deny the existence of the expunged case on a job application in Texas.

What if my case shows up on a background check before the court issues an expunction order?

If your case appears on a background check before the court issues an expunction order, it is important to understand that the expunction order will not take effect until the court officially issues it. Once the court
orders your record to be expunged, all agencies listed in the expungement petition have 60-90 days to locate and destroy all records related to the expunged case or cases.

As part of our Texas expungement service, we provide FREE letters of representation to our clients at no additional cost. These letters are designed to assist in passing a background check before the
expungement order has been issued and the related records are removed.

What is the difference between a Texas expungement and a Texas nondisclosure?

In Texas, an expungement and a nondisclosure are two distinct legal processes that involve the sealing or removal of criminal records. Each has unique effects and eligibility requirements:

Texas Expungements

  • Definition: Expungement, or expunction, refers to the complete removal and destruction of all records related to an arrest or criminal charge from all public databases.
  • Eligibility: To qualify for an expungement in Texas, you must meet specific criteria, such as being acquitted, having the charges dismissed, or receiving a pardon. Expungements are typically available for cases where no conviction or deferred adjudication was obtained.
  • Effect: Once granted, you can legally deny the existence of the arrest or charge. The records are erased, and the law treats the arrest or charge as if it never occurred.

Texas Nondisclosures

  • Definition: Nondisclosure involves the sealing of criminal records from public view but does not result in their complete removal or destruction.
  • Eligibility: You must have successfully completed a deferred adjudication probation period for the offense. Certain offenses, such as those involving family violence or certain sex crimes, are generally not eligible for nondisclosure.
  • Effect: When granted, the records are sealed from public access and standard background checks. However, they remain accessible to certain government entities, such as law enforcement agencies and licensing authorities. Additionally, if arrested for a subsequent offense, the sealed records can be used against you in determining your punishment.

It’s crucial to consult with an attorney familiar with Texas laws and processes if you are seeking to clear or seal your criminal records. This information provides a general overview and may not reflect the latest legal developments or the specifics of your case. For personalized advice, consult a qualified attorney.

Are there any waiting periods before I can file an expungement for my Texas criminal case?

In Texas, there are waiting periods that must be observed before you can file for an expungement for a criminal case. The waiting periods depend on the outcome of your case and the type of offense involved. Below are the general guidelines for filing an expungement in Texas:

  • Acquittal or Dismissal: If you were acquitted of the charges or the charges were dismissed, there is no waiting period to file for an expungement. You can initiate the expungement process immediately after the acquittal or dismissal.
  • Arrested – Case Not Filed or Felony Case No-Billed:
    • If no indictment or information has been presented, you may receive an expunction after the following waiting periods:
    • 180 days for Class C misdemeanors
    • 1 year for all other misdemeanors
    • 3 years for all felonies
  • Case Dismissed: If you were arrested and an indictment or information was presented but later dismissed, you are eligible to file for expungement after the statute of limitations has expired. The general statute of limitations is:
    • 2 years from the date of the offense for misdemeanors
    • 3 years for most felonies
    • Note: Some felony offenses may have longer statutes of limitations.
  • Immediate Expungement: You can immediately file for expungement if you have completed a qualified pretrial diversion program, veteran court program, or mental health program.

It’s important to note that these waiting periods may vary based on specific circumstances or changes in the law. Consulting with an attorney familiar with the current Texas expungement laws is strongly recommended to determine the exact waiting period applicable to your case.

How much does your firm charge to expunge a case in Texas?

At the Hopping Law Group, PC, we provide a straightforward flat fee structure for all of our cases. Our flat fee includes all associated costs, such as court fees and filing fees, ensuring complete transparency. The cost to expunge a case in any Texas county is $1,950.00, with no additional costs or hidden fees. To make the process more affordable, we also offer flexible payment plans.

Our flat fee covers a comprehensive range of services related to your expungement case, including:

  • Initial consultations
  • Legal research
  • Document preparation
  • Filing all necessary paperwork with the court
  • Representation during court hearings, if required
  • Resolving any objections that may arise
  • All court filing fees

We are dedicated to making the expungement process as easy as possible for our clients. Below are additional services we offer at no extra charge:

Additional Services Included:

  • Free Fast Track Case Resolution: We expedite all cases at no extra cost. Unlike other firms, we never charge additional fees for prioritizing your case. We fast-track your case to ensure it receives the attention it deserves and is resolved as quickly as possible.
  • Free Criminal Record Removal Service ($500 Value): Once your expungement is granted, we send notices to over 650 commercial entities to remove your information from background check companies, people search websites, mugshot websites, credit reporting agencies, and commercial databases. This ensures the most thorough removal of your records possible.
  • Free Background Check Defense (Normally $195/Year):
    • While your case is pending, we provide free letters of representation and notices of pending expungement to help you pass background checks.
    • If your expunged case ever appears on a background check, we will dispute it for you at no cost.
    • If you have questions about disclosing your case on applications, you can call us anytime for free guidance.

We strive to provide full-service representation at a predictable and transparent cost. If you’re looking to expunge a case in Texas, please don’t hesitate to contact us. We’re here to answer your questions and get started on your case.

Does your firm charge by the hour?

Our firm does not charge by the hour; instead, we offer a flat fee structure for our services. We understand that hourly charges can be unpredictable and costly, which is why we provide an up-front fee that clearly outlines the scope of our services. This approach allows our clients to know exactly what they are paying for and helps them budget their expenses in advance.

We aim to provide the best value for your money, and we believe that a flat fee structure is the most efficient and cost-effective solution. If you have any additional questions, please feel free to reach out to us. We are happy to assist you in any way we can.

Does your fee include the filing fee and court costs?

Our firm does not charge by the hour; instead, we offer a flat fee structure for our services. We understand that hourly charges can be unpredictable and costly, which is why we provide an up-front fee that clearly
outlines the scope of our services. This approach allows our clients to know exactly what they are paying for and helps them budget their expenses in advance.

We aim to provide the best value for your money, and we believe that a flat fee structure is the most efficient and cost-effective solution. If you have any additional questions, please feel free to reach out to us. We
are happy to assist you in any way we can.

Texas Nondisclosures

What is a Texas nondisclosure and why do I want one?

A Texas nondisclosure is a legal process that allows individuals to seal certain criminal records from public view. This applies to cases where a person has successfully completed deferred adjudication for eligible offenses. Once a nondisclosure order is granted by the court, the sealed records are no longer accessible in most background checks conducted by employers, landlords, and the general public.

Why Might You Want a Nondisclosure?

  • Enhanced Employment Opportunities: A nondisclosure prevents potential employers from seeing the sealed offense on background checks, improving your chances of securing a job.
  • Better Housing Prospects: Landlords often perform background checks. Sealing your record can increase your likelihood of being approved for rental applications.
  • Professional Licensing: Certain professions require licenses that can be challenging to obtain with a criminal record. A nondisclosure can help you meet licensing requirements.
  • Personal Peace of Mind: Knowing that your past is legally concealed can provide relief and help you move forward without the stigma of a public record.

Key Points to Consider:

  • Eligibility: Not all offenses qualify for nondisclosure. Violent crimes, sexual offenses, and certain other serious crimes are typically excluded.
  • Waiting Periods: Depending on the offense, there may be a mandatory waiting period after completing deferred adjudication before applying.
  • Legal Process: Obtaining a nondisclosure involves filing a petition with the court and may require a hearing.

If you believe you might be eligible for a Texas nondisclosure, it’s advisable to consult with a qualified attorney. They can assess your specific situation, guide you through the legal process, and help you understand the potential benefits and limitations of obtaining a nondisclosure order.

What cases are eligible to be sealed in Texas?

In Texas, certain criminal records can be sealed through a legal process known as an Order of Nondisclosure. This process prevents the public, including employers and landlords, from accessing specific criminal records, allowing individuals to move forward without the burden of a past offense affecting their opportunities.

General Guidelines for Eligibility

Completion of Deferred Adjudication for Felony and Misdemeanor Offenses: To qualify, you must have successfully completed deferred adjudication probation for the offense in question. Some offenses require a waiting period before you can petition the court to seal your record.

Waiting Periods

  • Felonies: A five (5) year waiting period from the date you complete deferred adjudication probation.
  • Misdemeanors:
    • No Waiting Period: Most misdemeanor offenses are immediately eligible upon successful completion of deferred adjudication probation.
    • Two (2) Year Waiting Period: Certain misdemeanor offenses require a two-year waiting period after completing deferred adjudication probation, including:
      • Unlawful Restraint
      • Public Lewdness
      • Indecent Exposure
      • Unlawful Disclosure of Intimate Material
      • Voyeurism
      • Misdemeanor Assault (Not Family Violence)
      • Deadly Conduct
      • Terroristic Threat
      • Aiding Suicide
      • Leaving a Child in a Vehicle (Misdemeanor)
      • Enticing a Child
      • Harboring a Runaway
      • Disorderly Conduct
      • Obstruction of a Highway
      • False Alarm
      • Silent or Abusive 911 Calls
      • Interference with Emergency Calls
      • Harassment
      • Abuse of a Corpse
      • Cruelty to Animals
      • Discharge of a Firearm
      • Unlawful Carrying of a Weapon (UCW)

Misdemeanor Convictions

Certain first-time misdemeanor convictions are eligible for an Order of Nondisclosure under Texas law. This includes offenses like Driving While Intoxicated (DWI) after a two-year waiting period. This provision allows first-time offenders to petition the court to seal their records for specific offenses.

Offenses Not Eligible for Sealing

  • Family Violence: Any offense involving family or domestic violence.
  • Sexual Offenses: Crimes such as sexual assault, aggravated sexual assault, and offenses requiring sex offender registration.
  • Violent Crimes: Offenses like murder, capital murder, aggravated kidnapping, and any offense involving the use of a deadly weapon.
  • Crimes Against Minors: Including injury to a child, elderly individual, or disabled person.
  • Other Specific Offenses: Such as stalking, violation of protective orders, and human trafficking.

Additional Considerations

Judicial discretion plays a significant role in granting or denying an Order of Nondisclosure. The court considers the specifics of your case and determines whether granting the order is in the best interest of justice.

An Order of Nondisclosure can be a valuable tool for individuals seeking to put past mistakes behind them. Understanding the eligibility requirements, including waiting periods and ineligible offenses, is an important first step toward clearing your criminal record in Texas. For personalized guidance, consult a qualified attorney who can evaluate your situation and help you through the process.

What is the effect of a Texas nondisclosure of a criminal case?

A Texas nondisclosure order allows you to legally deny the criminal offense covered by the order on employment and housing applications. The offense will not appear on most background checks, with limited exceptions for
specific government and licensing agencies as outlined in Texas Government Code Section 411.0765. This increased privacy can significantly enhance opportunities for securing jobs and housing.

What is the difference between a Texas expungement and a Texas nondisclosure?

In Texas, an expungement and a nondisclosure are two distinct legal processes for managing criminal records, each with different effects and eligibility requirements. Below is an overview of both:

Texas Expungements

  • Definition: Expungement, or expunction, refers to the complete removal and destruction of all records related to an arrest or criminal charge from public databases.
  • Eligibility: To qualify for an expungement, you must meet specific criteria such as being acquitted, having charges dismissed, or being pardoned. Expungements are typically available for cases where no conviction or deferred adjudication was obtained.
  • Effect: Once granted, an expungement allows you to legally deny the existence of the arrest or charge. The records are erased, and the law treats the incident as if it never occurred.

Texas Nondisclosures

  • Definition: Nondisclosure involves sealing criminal records from public view without completely removing or destroying them.
  • Eligibility: You must have successfully completed a deferred adjudication probation period. Certain offenses, such as those involving family violence or specific sexual crimes, are generally ineligible.
  • Effect:
    • Sealed records will not appear in standard background checks conducted by employers or landlords.
    • The records remain accessible to certain government entities, such as law enforcement and licensing authorities.
    • Sealed records may still be used against you if you are arrested for a subsequent offense when determining punishment.

It is important to consult with an attorney familiar with Texas laws to determine the best course of action for clearing or sealing your criminal records. This information is general and may not reflect the most recent legal updates or specific details of your case. Seeking personalized advice from a qualified attorney is recommended for accurate guidance.

How long does it take to seal a criminal case in Texas?

The process of sealing a criminal offense in Texas typically takes 3 to 6 months from the time you file a petition for an Order of Nondisclosure to the complete sealing of your criminal record. The exact timeline can vary based on several factors:

  • Court Processing Time: Once you file your petition, the court reviews it and allows relevant agencies up to 45 days to respond. After this period, the court may schedule a hearing to consider your nondisclosure request. The timing of this step depends on the court’s schedule and workload, ranging from several weeks to a few months.
  • Notification to the Texas Department of Public Safety (DPS): If the court grants the order, the court clerk sends a copy to the DPS within 15 business days. The DPS seals the offense in its records within 10 business days and notifies any required federal agencies.
  • Agency Notifications: The DPS notifies relevant law enforcement and criminal justice agencies to update their records in compliance with the nondisclosure order. These agencies are required to complete the update within 30 days of receiving the notification.
  • Notification to Private Entities: The DPS also forwards the nondisclosure order to private entities, such as background check companies and other organizations that purchase criminal history records. These entities are expected to update their databases to comply with the order.

What agencies still have access to sealed records in Texas?

A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure of criminal history record information under this subchapter to the following noncriminal justice agencies or entities only:

  • (1) The State Board for Educator Certification
  • (2) A school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement
  • (3) The Texas Medical Board
  • (4) The Texas School for the Blind and Visually Impaired
  • (5) The Board of Law Examiners
  • (6) The State Bar of Texas
  • (7) A district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code
  • (8) The Texas School for the Deaf
  • (9) The Department of Family and Protective Services
  • (10) The Texas Juvenile Justice Department
  • (11) The Department of Assistive and Rehabilitative Services
  • (12) The Department of State Health Services, a local mental health service, a local intellectual and developmental disability authority, or a community center providing services to persons with mental illness or intellectual
    or developmental disabilities
  • (13) The Texas Private Security Board
  • (14) A municipal or volunteer fire department
  • (15) The Texas Board of Nursing
  • (16) A safe house providing shelter to children in harmful situations
  • (17) A public or nonprofit hospital or hospital district, or a facility as defined by law
  • (18) The securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner
  • (19) The Texas State Board of Public Accountancy
  • (20) The Texas Department of Licensing and Regulation
  • (21) The Health and Human Services Commission
  • (22) The Department of Aging and Disability Services
  • (23) The Texas Education Agency
  • (24) The Judicial Branch Certification Commission
  • (25) A county clerk’s office in relation to a proceeding for the appointment of a guardian under Title 3, Estates Code
  • (26) The Department of Information Resources, but only regarding an employee, applicant, contractor, subcontractor, intern, or volunteer who provides network security services to:
    • (A) The Department of Information Resources
    • (B) A contractor or subcontractor of the Department of Information Resources
  • (27) The Texas Department of Insurance
  • (28) The Teacher Retirement System of Texas
  • (29) The Texas State Board of Pharmacy
  • (30) The Texas Civil Commitment Office
  • (31) A bank, savings bank, savings and loan association, credit union, mortgage banker, or their subsidiaries or affiliates, but only regarding employees, contractors, or applicants
  • (32) An employer with a facility handling hazardous, explosive, combustible, or flammable materials, if:
    • (A) The facility is critical infrastructure, as defined by 42 U.S.C. Section 5195c(e), or is subject to a risk management plan under the Clean Air Act
    • (B) The information concerns individuals whose roles involve handling such materials and are subject to federal screening requirements

What cases cannot be sealed in Texas?

Under Texas law, the following offenses are not eligible to be sealed with an Order of Nondisclosure:

  • Murder
  • Capital Murder
  • Human Trafficking
  • Offenses Resulting in Sex Offender Registration: Including sexual assault, aggravated sexual assault, and possession of child pornography
  • Aggravated Kidnapping
  • Family Violence Offenses
  • Offenses Leading to Injury of an Elderly Individual, Disabled Person, or Child
  • Child Endangerment or Abandonment
  • Protective Order Violations: Including those related to stalking, family violence, sexual assault, or abuse
  • Additional DWI Convictions

These offenses are permanently excluded from sealing under Texas nondisclosure laws. If you have questions about your eligibility or the specifics of your case, consult with a qualified attorney for guidance.

Are there any waiting periods to file for nondisclosure in Texas?

The waiting periods for obtaining a nondisclosure order in Texas vary depending on the type of offense and the terms of your deferred adjudicated probation. Below is a detailed breakdown:

Felonies – Five (5) Year Waiting Period

All felony offenses require a five-year waiting period from the date you complete your deferred adjudicated probation before you are eligible to petition for a nondisclosure.

Misdemeanors – No Waiting Period

Many misdemeanor offenses are immediately eligible for nondisclosure upon the successful completion of deferred adjudicated probation, allowing you to apply right away.

Misdemeanors – Two (2) Year Waiting Period

The following misdemeanor offenses require a two-year waiting period after the completion of deferred adjudicated probation before filing for a nondisclosure:

  • Unlawful Restraint
  • Public Lewdness
  • Indecent Exposure
  • Unlawful Disclosure of Intimate Material
  • Voyeurism
  • Misdemeanor Assault (Not Family Violence)
  • Deadly Conduct
  • Terroristic Threat
  • Aiding Suicide
  • Leaving a Child in a Vehicle (Misdemeanor)
  • Enticing a Child
  • Harboring a Runaway
  • Disorderly Conduct
  • Obstruction of a Highway
  • False Alarm
  • Silent or Abusive 911 Calls
  • Interference with Emergency Calls
  • Harassment
  • Abuse of a Corpse
  • Cruelty to Animals
  • Discharge of a Firearm
  • Unlawful Carrying of a Weapon (UCW)

First-Time Misdemeanor Convictions

The waiting period starts after all terms of your deferred adjudication probation, including probation completion, payment of fines, and restitution, have been fulfilled.

If you’re unsure about your eligibility or the applicable waiting period for your case, consulting with an attorney can help clarify the process.

Do I have to disclose a sealed case on a job application in Texas?

No, in most cases, you are not required to disclose a sealed case on a job application in Texas. When a nondisclosure order is granted, your record is sealed from public access, meaning potential employers, landlords, and other entities cannot see it in standard background checks. You can legally deny the existence of the sealed case in most situations.

Exceptions:

While you do not need to disclose a sealed case for most private-sector jobs, there are exceptions for certain government and licensed professions. Disclosure may still be required if you are applying for positions in:

  • Law enforcement
  • Government agencies
  • State-regulated industries (e.g., financial, medical, or childcare fields)
  • School districts or educational institutions
  • Any employer conducting a fingerprint background check through the FBI or DPS

If you are unsure whether to disclose a sealed case on a specific application, it’s advisable to consult with an attorney to review your situation and provide guidance tailored to your case.

Will my Texas criminal record still show up on a background check after it is sealed?

For most background checks, a sealed criminal record will no longer appear once a nondisclosure order is granted. Employers, landlords, and the general public cannot access sealed records, allowing you to move forward without the stigma of your criminal history.

Exceptions:

Even after your record is sealed, it may still be visible to certain entities, including:

  • Law Enforcement Agencies
  • Government Agencies
  • State Licensing Boards: For professions such as medical, legal, or financial fields
  • Educational Institutions: Including school districts and private schools

These entities can access sealed records for specific purposes, such as security clearances, professional licensing, or law enforcement investigations. However, for most private-sector jobs and housing applications, your sealed record will not appear on background checks.

If your sealed record unexpectedly shows up on a background check, contact an attorney to ensure compliance with the nondisclosure order and address any issues.

If I am a veteran, can I seal my Texas criminal case?

Veterans in Texas may qualify for a nondisclosure order if they meet specific conditions. Eligibility requirements include:

  • Completing a veterans treatment court program successfully.
  • Meeting the criteria set out in Section 411.074 of the Texas Government Code.
  • Avoiding any felony convictions from the program completion date to two years afterward.
  • Having no convictions for sexually violent offenses or offenses listed under Article 42A.054(a) of the Texas Code of Criminal Procedure.
  • Not entering the veterans treatment court program due to a conviction for driving while intoxicated.

Veterans can file for a nondisclosure order two years after completing the program. The court will evaluate the petition to determine whether granting the order aligns with the best interest of justice. If the order is granted, the court clerk will send it to the Texas Department of Public Safety (DPS), which will seal the criminal record and notify other relevant agencies.

If I am a victim of human trafficking, can I seal my Texas criminal case?

If you are a victim of human trafficking, Texas law provides a specific pathway for sealing certain criminal cases under strict eligibility criteria. This section applies in limited circumstances, but for those who qualify, it offers significant relief.

Eligibility Requirements:

  1. Eligible Offenses: You must have been convicted of or placed on deferred adjudication community supervision for one of the following offenses:
    • Section 481.120, Health and Safety Code: Delivery of marijuana, punishable under Subsection (b)(1).
    • Section 481.121, Health and Safety Code: Possession of marijuana, punishable under Subsection (b)(1).
    • Section 31.03, Penal Code: Theft, punishable under Subsection (e)(1) or (e)(2).
    • Section 43.02, Penal Code: Prostitution.
  2. Cooperation with Law Enforcement or Exceptions:
    • If requested by law enforcement or the prosecuting attorney, you must have provided assistance in the investigation or prosecution of human trafficking-related offenses (Sections 20A.02, 20A.03, or 43.05, Penal Code) or comparable federal offenses.
    • If assistance was not provided, the reason must be due to your age or a physical or mental disability caused by your victimization.
  3. Prostitution Convictions and Judicial Clemency:
    • For individuals convicted of prostitution and sentenced to straight probation, you must:
      • Successfully complete probation.
      • Have your conviction set aside under the “judicial clemency” act (Article 42.12, §20(a) of the Code of Criminal Procedure).
    • You must convince the judge that the offense was committed solely as a result of being a victim of human trafficking and that granting a nondisclosure order is in the best interest of justice.

The Process:

Once you meet the eligibility criteria, you can file a petition for a nondisclosure order with the court. The judge will review the evidence and determine if sealing your record is warranted. If the order is granted, your criminal history will be sealed from public view, offering you the chance to move forward without the stigma of a criminal record.

Given the complexity of the requirements under Tex. Gov’t Code § 411.0728, consulting with a knowledgeable attorney is strongly recommended. They can help you assess your eligibility, prepare your petition, and advocate for you throughout the process.

Will my criminal case still show up on a background check if it has been sealed with a nondisclosure order?

If your criminal case has been sealed with a nondisclosure order, it will no longer appear on most standard background checks conducted by employers, landlords, or the general public. A nondisclosure order prevents public access to the sealed record, allowing you to move forward without the stigma of your criminal history.

However, there are exceptions where sealed records may still be visible. Certain government entities and regulated industries can access sealed records, including:

  • Law Enforcement Agencies: For use in investigations and criminal justice processes.
  • Government Agencies: For positions requiring security clearances or sensitive roles.
  • State Licensing Boards: Such as those regulating medical, legal, financial, or childcare professions.
  • Educational Institutions: Including school districts and private schools.

These entities can view sealed records for specific purposes, such as professional licensing or law enforcement investigations. For most private-sector jobs and housing applications, however, the sealed case will not appear on a background check.

If your sealed case unexpectedly shows up on a background check, consult with an attorney to address the issue and ensure compliance with the nondisclosure order. They can assist in taking appropriate steps to resolve the situation.

If my Texas criminal record is still showing up after my nondisclosure, how do I enforce the court order?

If your Texas criminal record is still appearing on background checks after the court has issued a nondisclosure order, you may need to take steps to enforce the order. Here’s what you can do:

Verify Compliance by Agencies

Confirm that the Texas Department of Public Safety (DPS) and other relevant agencies have received and processed the nondisclosure order. The DPS is responsible for notifying other entities, including law enforcement and private databases, to update or seal their records.

Contact the Reporting Entity

If your record is still showing up on a background check, reach out to the entity that reported it (e.g., a background check company). Provide them with a copy of the nondisclosure order to ensure they comply with the law.

Consult Your Attorney

If agencies or entities fail to comply with the nondisclosure order, consult with your attorney. They can assist in determining the appropriate course of action, including sending formal notifications or initiating enforcement proceedings.

File a Motion to Enforce

In cases where an agency or entity refuses to comply, your attorney can file a motion to enforce the nondisclosure order with the court. The court may impose penalties on entities that fail to honor the order.

Post-Order Support: Our firm provides FREE post-order support as part of our Texas nondisclosure services. If your record is still appearing after your nondisclosure order has been granted, we can help dispute the issue with the appropriate entities to ensure compliance. Reach out to us for assistance.

What can you do if my Texas criminal case comes up in a background check before the court seals my case?

If your case appears on a background check before the court issues a nondisclosure order, it’s important to understand that the record will not be sealed until the court grants the order. Once the nondisclosure order is
issued, agencies listed in the petition are required to update their records promptly, ensuring that the sealed information is no longer publicly accessible.

To support you during this process, our firm provides FREE Letters to your Employer as part of our Texas nondisclosure services. These letters can help address background check concerns while your
nondisclosure petition is pending, giving you peace of mind at no extra cost.

How much does your firm charge to seal a Texas criminal case?

At the Hopping Law Group, PC, we provide a straightforward flat fee structure for all of our cases. Our flat fee of $1,950.00 includes all associated costs, such as court fees and filing fees, ensuring transparency with no hidden costs. We understand that the cost of sealing a case can be significant, so we offer payment plans to make the process more affordable.

Our flat fee covers a comprehensive range of services related to your case, including:

  • Initial consultations
  • Legal research
  • Document preparation
  • Filing necessary paperwork with the court
  • Representation during court hearings (if required)
  • Resolving any objections that may arise
  • Associated court filing fees

We are committed to providing full-service representation at a transparent and predictable cost. Our goal is to make the expungement process as easy as possible for our clients, and we are happy to answer any questions you may have. If you’re looking to expunge a case in Texas, please don’t hesitate to contact us to get started.

Additional Services at No Extra Charge:

  • Free Fast Track Case Resolution: We expedite all cases at no additional cost. Unlike other firms, we prioritize your case to ensure it receives the attention it deserves and is resolved as quickly as possible.
  • Free Criminal Record Removal Service ($500 Value): After your expungement is granted, we send notices to over 650 commercial entities, including background check companies, people search websites, mugshot websites, credit reporting agencies, and commercial databases. This ensures the most thorough removal of your information possible.
  • Free Background Check Defense (Normally $195/Year):
    • We provide free letters of representation and notices of pending expungement while your case is being processed to help you pass background checks.
    • If your expunged case ever appears on a background check, we will dispute it for you at no additional cost.
    • If you have questions about disclosing your case on an application, we are happy to provide free guidance at any time.

Does your firm charge by the hour?

At our firm, we believe in providing transparent and predictable pricing. Instead of charging by the hour, we offer a flat fee structure for our services. This approach eliminates the uncertainty and potentially high
costs associated with hourly billing, giving our clients peace of mind.

With our flat fee structure, you know upfront exactly what you’re paying for, allowing you to budget your expenses confidently. This method ensures you receive the best value for your money without unexpected charges.

If you have any questions about our flat fee services, we’re here to help. Feel free to reach out to us for more information or assistance!

Are filing fees and court costs included in your fee?

Yes, our Texas Nondisclosure flat fee includes all filing fees and associated costs. We understand that the nondisclosure process can involve various expenses, including court filing fees. To ensure transparency and
convenience, our flat fee is designed to cover all these costs.

With us, you can have peace of mind knowing there are no hidden fees or unexpected charges. The agreed-upon flat fee is all you’ll pay, making the process straightforward and stress-free.

Texas Pardons

What is a Texas Pardon and why do I need one?

A Texas pardon is an official act of clemency granted by the Governor of Texas, typically following a recommendation by the Texas Board of Pardons and Paroles. It acknowledges your rehabilitation and forgives the offense without removing it from your criminal record. Most importantly, it makes you eligible to expunge the case or cases for which you were pardoned.

Why Might You Need a Texas Pardon?

  • Eligibility for Expunction: In some cases, a pardon may make you eligible to petition for an expunction, permanently removing the conviction from your record.
  • Restoration of Civil Rights: A pardon restores certain rights lost due to a conviction, such as the right to vote, serve on a jury, and hold public office.
  • Firearm Rights: In many cases, a pardon restores your right to own or possess firearms under Texas law, though federal restrictions may still apply.
  • Enhanced Employment and Licensing Opportunities: While a pardon does not expunge or seal your record, it demonstrates rehabilitation and official forgiveness, which can improve your chances of obtaining professional licenses, employment, or housing.
  • Clearing Your Name: A pardon provides formal acknowledgment of rehabilitation, reducing the stigma of a conviction and helping you move forward with your life.

If you believe a Texas pardon could benefit you, consult an experienced attorney to evaluate your eligibility and guide you through the process.

What is the effect of a Texas Pardon?

A Texas pardon has several significant effects, but it’s important to understand its limitations as well. Here’s what a pardon can do:

  • Eligibility for Expunction: In some cases, receiving a pardon makes you eligible to petition for an expunction, which permanently removes the offense from your criminal record.
  • Restores Civil Rights: A pardon reinstates rights that were lost due to a conviction, including the right to vote, serve on a jury, and hold public office.
  • Restores Firearm Rights: A full pardon may restore your rights to own or possess firearms under Texas law, although federal firearm restrictions may still apply.
  • Provides Evidence of Rehabilitation: A pardon serves as an official acknowledgment of your rehabilitation and forgiveness for the offense, helping to reduce the stigma of a conviction.
  • Improves Employment and Licensing Opportunities: While it does not seal or expunge your record, a pardon demonstrates official forgiveness and may enhance your chances of obtaining professional licenses, housing, or employment.

Limitations of a Pardon:

  • It does not automatically remove or seal the conviction from your criminal record.
  • A pardon does not reverse the conviction or declare you innocent of the offense.

A Texas pardon can be an invaluable tool for restoring rights and reducing the impact of a past conviction on your future. If you have questions about how a pardon could help you, reach out to a knowledgeable attorney for guidance.

Is there a waiting period before I can apply for a Texas pardon?

There is technically no mandatory waiting period for convictions, including those resulting in community supervision, before applying for a Texas pardon. However, we recommend waiting at least five years from the date you completed your sentence, including incarceration, probation, parole, or payment of fines and restitution. Allowing time to pass helps demonstrate rehabilitation and increases the likelihood of receiving a favorable decision.

The longer the time between completing your sentence and submitting your application, the better your chances of success. Demonstrating a sustained period of law-abiding behavior significantly strengthens your application.

For cases involving deferred adjudication probation, there is a 10-year waiting period from the date you complete your probation before you can apply for a Texas pardon. This waiting period helps establish a clear record of rehabilitation and improves the likelihood of a favorable outcome.

If you’re considering applying for a Texas pardon, consult an experienced attorney to evaluate your circumstances and provide guidance tailored to your case.

What cases are eligible for a Texas pardon?

Eligibility for a Texas pardon is evaluated on a case-by-case basis by the Texas Board of Pardons and Paroles. However, certain types of cases are specifically excluded from consideration:

  1. Fine-Only Misdemeanors

    • Class C misdemeanors that involve only fines are not eligible, except for Class C assault-family violence cases.
  2. Juvenile Offenses

    • Cases involving offenses committed as a juvenile are not eligible for a Texas pardon.
  3. Convictions that were Set-Aside and Dismissed

    • Any case where community supervision was granted, and the conviction was subsequently set aside and dismissed upon the discharge of probation, does not qualify for a pardon.
  4. Deferred Adjudication Cases with an Incomplete Waiting Period

    • Cases involving deferred adjudication probation are not eligible until the required 10-year waiting period from the date of probation completion has expired.
  5. Prior Felony Convictions in Other Jurisdictions

    • If you have a prior out-of-state or federal felony conviction that predates the Texas conviction, you are not eligible for a Texas pardon until that conviction has been set aside, pardoned, or expunged.

If you have questions about your eligibility for a pardon, an experienced attorney can assess your situation and guide you through the process.

Can a Texas pardon restore my gun rights?

Can a Texas Pardon Restore My Gun Rights?

Yes, a Texas pardon can restore your firearm rights under Texas law, but there are specific requirements and limitations to consider. If you have lost your right to own or possess firearms due to a felony conviction or certain misdemeanor convictions, a full pardon from the Governor of Texas can reinstate those rights in the state. However, federal restrictions may still apply.

Key Considerations:

  1. Requesting a Pardon with Full Restoration of Gun Rights:

    • You can request a pardon that includes a full restoration of gun rights.
    • To qualify for this type of pardon, you must provide a letter from your employer stating that firearm possession is necessary for your employment.
  2. Expungement After a Pardon:

    • If you receive a pardon, you may also qualify to expunge your case. Expungement completely removes the record, and by default, your firearm rights would be reinstated upon the expungement of both state and federal records.

If restoring your gun rights is a priority, consult an experienced attorney to determine your eligibility and guide you through the process. They can also assist with pursuing an expungement to ensure your rights are fully reinstated under both state and federal law.

Can I get an expungement if my Texas criminal conviction is pardoned?

Yes, you can seek an expungement if your Texas criminal conviction has been pardoned. Under Texas law, a full pardon makes you eligible to file a petition for expunction, which permanently removes the record of the conviction from both state and federal databases.

Key Points to Consider:

  1. Eligibility:

    • You must have received a full pardon, not a conditional pardon, for the conviction to qualify for expungement.
  2. Effect of Expunction:

    • Once the expunction is granted, all records related to the pardoned conviction, including court documents and law enforcement records, will be destroyed.
    • After expungement, you can legally deny the existence of the conviction in most circumstances.
  3. Process:

    • The expunction process involves filing a petition with the appropriate court, serving notice to relevant agencies, and attending a hearing if required.
    • The court will review your case and confirm your eligibility based on the pardon.

If you have received a pardon and are seeking an expungement, consulting an experienced attorney is essential. They can guide you through the legal process, ensure all paperwork is filed correctly, and help you achieve a clean slate.

Who grants Texas pardons?

Texas pardons are granted by the Governor of Texas upon recommendation from the Texas Board of Pardons and Paroles.

How long does it take to file for a Texas pardon?

The Texas pardon process typically takes 1 year to 1.5 years from the submission of the application to the final decision. Here’s a breakdown of the process:

  1. Submission and Initial Review:

    • Once the pardon application is submitted to the Texas Board of Pardons and Paroles, the Administration Section acknowledges receipt and begins processing. This initial review generally takes about 60 days.
    • During this phase, the Administration Section may request additional information or documentation to complete the application.
    • If additional information is required, the applicant will be notified, and guidance will be provided to ensure the necessary materials are submitted by the deadline.
  2. Completing the Application:

    • After all supplemental documentation has been submitted, the Administration Section notifies the applicant that the application is complete. The application is then forwarded to the Board of Pardons and Paroles for review.
  3. Board Voting:

    • The Board meets quarterly each year to vote on pardon applications. A majority vote by the Board members is required to recommend the application to the Governor.
    • Once the Board votes, they notify the applicant of their decision.
  4. Submission to the Governor:

    • If the Board approves the application, it is forwarded to the Governor of Texas for consideration.
    • The Governor typically reviews and decides on pardon applications in December each year. The applicant is informed of the Governor’s decision after the review.
  5. Reapplication in Case of Denial:

    • If the application is denied by either the Board or the Governor, the applicant may reapply for a pardon two years after the decision.
    • The reapplication process is simpler and less expensive than the original application.
  6. Expunction After a Granted Pardon:

    • If the Governor grants the pardon, then the process to expunge your record can take up to 3-6 months.

General Timeline:

From the submission of the application to the Governor’s decision, the entire process generally takes 12 to 18 months, depending on the complexity of the case and the Board’s workload.

If there are questions or concerns during any stage of the process, applicants are encouraged to seek guidance to ensure a smooth and successful experience.

How much does your firm charge to handle my Texas pardon submission?

At The Hopping Law Group, PC, we offer a comprehensive evaluation and representation process for Texas pardon applications. Our fees are structured as follows:

  1. Case Evaluation – Fee: $250.00

    • Before accepting a case, we conduct a thorough evaluation to assess eligibility and the likelihood of success. This includes:
      • Performing a comprehensive criminal background search to determine what is reported and to identify any inaccuracies.
      • Assessing whether any cases qualify for expunction, nondisclosure, or a motion to set aside.
      • Researching the facts and circumstances surrounding each case.
      • Conducting an interview with one of our experienced Texas Pardon Attorneys.
      • Providing a consultation to discuss the results and determine if we will accept the case for representation.
  2. Representation – Fees Vary: Typically Between $6,000 and $12,000

    • If we accept your case, our comprehensive representation includes:
      • Gathering all necessary records in the required format.
      • Preparing the application and all narrative sections.
      • Utilizing various sources to compile information regarding your background, address, and employment history.
      • Submitting your application to the Board of Pardons and Paroles.
      • Ensuring your application is accepted and submitted to the Board for a vote.
      • Representing you in any proceedings with the Board.
      • If the Board approves your application, submitting it to the Governor’s office.
      • Representing you in any proceedings related to the Governor’s selection process.
      • If granted by the Governor, filing your expunction petition in the appropriate court.

Please note that we only accept a limited number of cases each year to focus on those we do accept. The evaluation fee is deducted from the representation fee upon acceptance.

For more information or to begin the evaluation process, please contact us at (855) 773-4669 or visit our website at texasexpungementlawyer.com.

Are fees and costs included in your fee?

Yes, our flat fee for handling your Texas pardon application includes all necessary fees and costs associated with the process. This comprehensive fee covers both the legal services and any additional expenses required to complete your application.

What Is Included in Our Fee:

  • Comprehensive legal representation throughout the pardon process, including the preparation and submission of your application.
  • Assistance with responding to requests for additional information from the Board of Pardons and Paroles.
  • All court filing fees and costs for expunction petitions if your pardon is granted.
  • Costs for obtaining necessary records (e.g., court documents, certified copies).

We aim to provide transparent pricing with no hidden costs, ensuring that all necessary steps are covered under our flat fee. If you have any further questions, feel free to contact us for more details.

Federal Pardons

Are Federal pardons and Presidential pardons the same thing?

Yes, Federal pardons and Presidential pardons are the same. They are issued exclusively by the President of the United States for federal crimes.

What is a Federal Pardon and why do I need one?

A federal pardon is an official act of clemency granted by the President of the United States for offenses against federal law. It is a form of forgiveness that recognizes rehabilitation and removes some of the penalties associated with a federal conviction. However, unlike an expungement, a federal pardon does not erase or seal your criminal record.

Why Might You Need a Federal Pardon?

  • Restoration of Civil Rights: A federal pardon can restore certain civil rights lost due to a conviction, such as the right to vote, serve on a jury, or hold public office.
  • Restoration of Firearm Rights: In some cases, a federal pardon may restore your right to own or possess firearms under federal law, although this depends on the specific terms of the pardon.
  • Employment Opportunities: While a pardon does not remove the conviction from your record, it demonstrates rehabilitation and official forgiveness, which may improve your chances of securing jobs or professional licenses.
  • Clearing Your Name: A federal pardon provides recognition that you have been forgiven for your offense, helping reduce the stigma of a federal conviction.
  • Immigration and Travel Benefits: A pardon may address certain immigration or travel restrictions imposed as a result of a federal conviction, though this depends on the nature of the offense.

Limitations of a Federal Pardon:

  • It does not erase or seal your criminal record.
  • It does not imply innocence or reverse the conviction.
  • Certain offenses, such as those involving national security, may be less likely to receive clemency.

If you believe a federal pardon could benefit you, it is important to consult an experienced attorney to guide you through the application process and present a compelling case to the Office of the Pardon Attorney.

What is the effect of a Federal Pardon?

A federal pardon is an official act of forgiveness granted by the President of the United States for a federal offense. While it does not erase or seal your criminal record, it has several important effects that can positively impact your life:

Effects of a Federal Pardon

  • Restoration of Civil Rights: A federal pardon can restore certain rights lost due to a federal conviction, such as the right to vote, serve on a jury, or hold public office.
  • Demonstrates Rehabilitation: A pardon serves as official recognition of rehabilitation and forgiveness for the offense. It can reduce the stigma associated with a federal conviction.
  • Improved Employment and Licensing Opportunities: Although a federal pardon does not remove the conviction from your record, it demonstrates that you have been forgiven, which can improve your chances of obtaining employment, professional licenses, or other opportunities.
  • Restoration of Firearm Rights: In some cases, a federal pardon may restore your right to own or possess firearms under federal law. This depends on the specific terms and conditions of the pardon.
  • Relief from Certain Penalties: A pardon may relieve you of some of the penalties or disabilities associated with the conviction, such as restrictions on federal benefits or government contracts.
  • Immigration Benefits: A federal pardon can potentially address certain immigration issues, such as deportation or inadmissibility resulting from a federal conviction. However, this is determined on a case-by-case basis.

Limitations of a Federal Pardon

  • Does Not Erase Your Criminal Record: The conviction will still appear on your record unless it is expunged or sealed under separate legal action.
  • Does Not Imply Innocence: A pardon is not a declaration of innocence; it is an act of forgiveness.
  • Does Not Reverse the Conviction: The conviction itself remains valid and intact, but the pardon forgives the offense and its consequences.

A federal pardon can provide significant relief from the long-term effects of a conviction and help individuals move forward with their lives. If you believe a federal pardon could benefit you, consult an experienced attorney to evaluate your case and guide you through the application process.

Can a Federal pardon restore my gun rights?

Yes, a federal pardon can restore your firearm rights under federal law, but it depends on the specific terms and conditions of the pardon. If you have lost your right to own or possess firearms due to a federal conviction, a pardon from the President of the United States may include a restoration of your gun rights.

Key Considerations:

  • Restoration Under Federal Law: A federal pardon can remove federal restrictions on firearm ownership imposed by the conviction. The pardon must explicitly restore your firearm rights for this relief to apply.
  • State Law Implications: Even if a federal pardon restores your gun rights under federal law, you may still be subject to state firearm restrictions depending on where you live. It is essential to understand and comply with state-specific laws regarding firearm possession.
  • Offense-Specific Conditions: Not all offenses are treated equally when it comes to restoring firearm rights. Certain crimes, such as violent offenses or those involving firearms, may be less likely to result in the restoration of gun rights, even with a pardon.

Additional Steps to Consider:

If your firearm rights are not fully restored through the federal pardon process, consulting with an experienced attorney can help you explore alternative legal remedies to address state or other restrictions.

A federal pardon can be a critical step in regaining your firearm rights, but the process requires careful consideration of both federal and state laws. If restoring your gun rights is a priority, it is essential to ensure your pardon application highlights this request and addresses any relevant conditions.

Is there a waiting period before I can apply for a presidential pardon?

Yes, there is a waiting period before you can apply for a presidential pardon. Under the Department of Justice’s rules governing petitions for executive clemency (28 C.F.R. §§ 1.1 et seq.), an applicant must satisfy a minimum waiting period of five years before becoming eligible to apply for a presidential pardon of a federal conviction.

Key Details About the Waiting Period:

  • When the Waiting Period Begins:

    • The waiting period begins on the date of your release from confinement for your most recent conviction, regardless of whether this is the offense for which you are seeking a pardon.
    • If your conviction did not result in any form of confinement (including community or home confinement), the waiting period starts on the date of sentencing.
  • Requirements Before Applying:

    • You must have fully satisfied all penalties imposed by the court, including probation, parole, supervised release, fines, and restitution.
  • Purpose of the Waiting Period:

    • The waiting period is designed to provide a reasonable amount of time for you to demonstrate an ability to lead a responsible, productive, and law-abiding life.
  • Requesting a Waiver of the Waiting Period:

    • You may submit a written request for a waiver of the waiting period. To do so, you must complete the pardon application form and include a cover letter explaining why you believe the waiting period should be waived in your case.
    • Waivers of the waiting period are rarely granted and only in the most exceptional circumstances.

Additional Considerations:

Even after meeting the waiting period requirement, preparing a strong application is essential. Highlighting your rehabilitation, community contributions, and reasons for seeking clemency can significantly impact the success of your application. Consulting an experienced attorney can help ensure your petition complies with all requirements and effectively presents your case.

What cases are eligible for a federal pardon?

Eligibility for a federal pardon is determined on a case-by-case basis and is ultimately at the discretion of the President of the United States. A federal pardon is only applicable for federal offenses—violations of U.S. federal law—not state or local crimes.

General Eligibility Criteria:

  • Federal Convictions Only:

    • A federal pardon applies exclusively to offenses prosecuted in federal courts. This includes crimes such as drug trafficking, tax evasion, immigration violations, and other federal offenses.
    • State convictions are not eligible for a federal pardon; for these, you must seek clemency at the state level.
  • Completion of Sentence:

    • You must have fully completed all aspects of your sentence, including any incarceration, probation, parole, and payment of fines or restitution.
  • Waiting Period:

    • Under the Department of Justice’s guidelines, you must wait at least five years after completing your sentence before applying for a federal pardon. This waiting period begins upon release from confinement or, for non-incarceration sentences, the date of sentencing.
  • Demonstrated Rehabilitation:

    • Applicants must show evidence of sustained rehabilitation, including a law-abiding life, community contributions, and efforts to make amends for their actions.
  • Special Considerations for Military Offenses:

    • Federal pardons are also available for military convictions, such as those arising from court-martial proceedings. These cases are reviewed in conjunction with military records.

Ineligible Cases:

  • State or Local Convictions: Crimes prosecuted under state or local law are not eligible for a federal pardon.
  • Pending Federal Charges: You cannot apply for a federal pardon while facing active charges or an ongoing investigation for a federal offense.
  • Incomplete Sentences: Individuals who have not completed all aspects of their sentence, including parole or probation, are not eligible.

Why Apply for a Federal Pardon?

A federal pardon can restore certain rights, reduce the stigma of a federal conviction, and, in some cases, address restrictions related to employment, firearms, or immigration. If you believe you may be eligible, consulting with an experienced attorney can help you navigate the application process and improve your chances of success.

Who grants Federal pardons?

Federal pardons are granted exclusively by the President of the United States, as outlined in the U.S. Constitution.

How long does it take to file for a Presidential pardon?

The process of filing for a presidential pardon is lengthy and thorough, often taking several months to several years from start to finish. The timeline depends on factors such as the preparation of your application, the complexity of your case, and the workload of the Office of the Pardon Attorney.

Timeline Breakdown:

  • Preparation of the Application:

    • Gathering required documents such as court records, sentencing information, and character references can take weeks to months, depending on the availability of the materials and the applicant’s responsiveness.
    • Writing a compelling narrative about your rehabilitation and contributions to society is a crucial part of the application and requires careful preparation.
  • Submission to the Office of the Pardon Attorney:

    • Once your application is submitted, the Office of the Pardon Attorney conducts a preliminary review to ensure the application is complete and meets all eligibility requirements.
    • This initial review can take several weeks to months.
  • Investigation and Background Check:

    • After the application is accepted, the Office conducts a detailed investigation, including a review of your criminal record, interviews with relevant individuals, and verification of your claims. This phase often takes several months to a year or more.
  • Review and Recommendation:

    • After the investigation, the Office of the Pardon Attorney prepares a recommendation for the President. This review phase can take additional months due to the high volume of applications and the detailed nature of the evaluation.
  • Final Decision by the President:

    • The President has sole discretion to grant or deny a pardon. There is no set timeline for when the President will act on a recommendation, and this step can take months or years.

Important Notes About the Process:

  • Length of the Process: The pardon process is intentionally thorough and may take several years to complete. This reflects the gravity and importance of granting clemency.
  • Applications Across Presidential Administrations: If a pardon application is submitted under one presidential administration but remains undecided, it does not need to be resubmitted. The application stays under consideration until the current President takes final action, regardless of which administration received the initial submission.

General Timeframe:

From preparation to final decision, the entire process of a presidential pardon application typically takes several years, depending on individual circumstances.

Tips for a Smooth Process:

Ensuring your application is complete, accurate, and compelling can help avoid delays. Consulting with an experienced attorney can streamline the preparation and submission of your application, improving its effectiveness and helping you navigate the lengthy process with confidence.

How much does your firm charge to handle my Federal pardon submission?

Our firm is dedicated to providing transparent and comprehensive services for federal pardon submissions. We disclose our costs and fees upfront to all prospective clients.

How to Get Started:

  1. Case Evaluation – Fee: $250.00

    • We conduct a thorough evaluation of your case background to determine if we will accept your case for our comprehensive representation package. This includes:
      • Performing a comprehensive criminal background search to identify what is reported and any inaccuracies.
      • Determining whether any of your cases qualify for an expunction, nondisclosure, or a motion to set aside.
      • Researching the facts and circumstances surrounding each of your cases.
      • Conducting an interview with one of our experienced federal pardon attorneys regarding your eligibility.
    • After the evaluation, you will receive a consultation to discuss the results, the pardon process, likelihood of success, and to answer any questions.
  2. Comprehensive Representation – Fees Vary

    • If we accept your case, our representation fees typically range between $6,000 and $12,000, depending on the complexity of your case. This fee covers:
      • Gathering all necessary records in the required format.
      • Preparing the application and all narrative sections.
      • Utilizing various sources to gather most of the required information regarding your background, address, and employment history.
      • Submitting your application to the Department of Justice.
      • Representing you in any proceedings with the Department of Justice.
      • If the Department approves your application, submitting it to the President’s office.
      • Representing you in any proceedings related to the President’s selection process.

Additional Information:

  • Up-Front Flat Fee: Our flat fee includes all filing fees and costs, with no hidden charges.
  • Online Case Management: As a client, you will have round-the-clock secure access to your case file and will receive regular updates as your case progresses.
  • Additional Services at No Extra Cost: We will remove your record from the top online background check sites for free. We also offer a criminal background review service at no additional fee to identify and assist in clearing up any inaccuracies.

Our goal is to provide transparent pricing and exceptional legal representation throughout your federal pardon process. If you would like to learn more or schedule an initial consultation, please contact us directly.

Are the fees and costs included in your fee?

Yes, our firm’s fee for handling your federal pardon submission is all-inclusive, covering all fees and costs associated with the process. We believe in transparent pricing, so there are no hidden charges or unexpected expenses.

What Is Included in Our Fee?

  • Preparation and Submission of the Application:

    • Gathering all required documentation, including court records and background checks.
    • Drafting a compelling application narrative to highlight your rehabilitation.
    • Filing your application with the Department of Justice.
  • Case Management and Updates:

    • Ongoing updates and secure online access to your case file throughout the process.
  • Additional Services:

    • Assistance with removing your record from top online background check databases.
    • A comprehensive review of your criminal background to address any discrepancies.

Our goal is to ensure a smooth and stress-free process with no additional fees or costs. If you have any further questions about our services, please feel free to contact us. We’re happy to help.

About Us

What types of cases does your firm handle?

At Hopping Law Group, PC, we specialize exclusively in the removal of criminal records, offering comprehensive services to help clients overcome past legal issues and move forward with confidence. Our practice areas include:

1. Texas Expungements

We assist clients in clearing their criminal records through expungement, which legally removes arrests, charges, or convictions from public records. This process is ideal for individuals who were acquitted, had charges dismissed, or completed deferred prosecution for certain offenses.

2. Texas Nondisclosures

For those not eligible for expungement, we offer services to obtain Orders of Nondisclosure. This legal action seals parts of your criminal record from public view, making it inaccessible to most employers and the general public. It’s particularly beneficial for individuals who have successfully completed deferred adjudication.

3. Texas Pardons

We guide clients through the process of obtaining a pardon from the state of Texas. A pardon can restore certain rights lost due to a conviction and serves as official forgiveness for the offense.

4. Federal/Presidential Pardons

Our firm assists clients in seeking pardons for federal offenses. We navigate the complex application process to help restore rights and alleviate the consequences of federal convictions.

5. Online Criminal Record Repair

Beyond legal remedies, we offer services to remove your expunged or sealed records from over 600 commercial databases, mugshot sites, and credit reporting agencies. This ensures a thorough removal of your record from public access.

Our firm is dedicated to providing personalized and effective solutions tailored to each client’s unique situation. If you’re seeking to clear your criminal record and reclaim your future, we’re here to help.

Where are you located?

Our firm, Hopping Law Group, PC, is located in Texas, and we proudly serve clients throughout the state. Our primary office is based in Dallas, Texas, but we also offer virtual consultations and online case management tools, enabling us to assist clients statewide efficiently and effectively.

Whether you’re in Dallas, Houston, Austin, San Antonio, or anywhere else in Texas, our team is ready to provide expert legal services to help you clear your record.

Additionally, we handle federal pardon cases nationwide. No matter where you are located in the United States, we have the expertise to guide you through the federal clemency process. Contact us today to learn more about how we can assist you in achieving your goals.

How long have you been in business?

Hopping Law Group, PC, has been proudly serving clients for over 20 years. Since our founding, we have focused exclusively on helping individuals clear their criminal records and regain control of their future. With decades of experience, we have successfully guided countless clients through the processes of expungements, nondisclosures, state and federal pardons, and criminal record repairs.

Our commitment to providing personalized, expert legal representation has earned us a reputation as a trusted leader in criminal record clearing services. Whether you’re seeking to expunge your record, seal it, or apply for a pardon, our experienced team is here to help.

Can your firm help me if I am not in Texas?

Yes, we can help! While our firm, Hopping Law Group, PC, is based in Texas, we assist clients across the United States in specific situations.

If you are located outside of Texas but have a Texas state criminal case, we can help you with expungements, nondisclosures, or pardons for that case. Our team has extensive experience with Texas state laws and can guide you through the process, no matter where you live.

Additionally, we handle federal pardon cases for individuals in all 50 states and U.S. territories. Whether you’re applying for a federal pardon or seeking clemency, we have the expertise and resources to navigate the federal clemency process on your behalf.

For Out-of-State Clients, We Offer:

  • Virtual consultations to evaluate your eligibility and needs.
  • Comprehensive preparation and submission of your Texas or federal clemency application.
  • Ongoing support and case management throughout the process.

If you have a Texas criminal case or need assistance with a federal pardon, contact us today to discuss your situation and how we can assist you.