Convicted of UCW in Texas? Do you want to clear your record? You may be eligible to have your record expunged! Texas has a new law allowing for UCW expunction. As gun rights attorneys, we take clearing criminal records very seriously. This article will provide an overview of the expunction process for an Unlawful Carrying of a Weapon conviction in Texas.
Overview of Expunctions for Unlawful Carrying of a Weapon in Texas
New Expunction Law
Texas UCW convictions occurring before September 1, 2021, may be eligible for expunction! But, if you want that conviction expunged, you must understand the process. Expunctions are not simple. That is why you need an experienced Texas expunction lawyer.
What is a Texas UCW expunction?
UCW is the charge of Unlawful Carrying of a Weapon. Basically, this is the charge of illegally carrying a handgun without a license. In 2021, the Texas Legislature passed a law allowing for Constitutional Carry1. This new law means that a person may not need an LTC to lawfully carry a handgun in public. As a result of this new law, the Texas Legislature also changed how a UCW expunction is handled.
Summary of the UCW Expunction Process
This part of the law makes certain UCW convictions expungable. This is very unique because there is no other conviction that is eligible for an expunction in Texas. That is because expunctions are only eligible under limited circumstances. Generally, expunctions are only granted in the event of an acquittal or dismissal.
But this change raised an important question. Is it fair to punish someone for a repealed law? The Legislature did not think so. Since carrying without a license is no longer a crime, the Legislature thought UCW convictions should be expungable.
What is an Expunction?
An expunction is a legal process that requires the government to destroy all the records relating to a criminal charge. Basically, an expunction erases the arrest and any records of the charge. This means big changes for potential employers.
For example, during a job interview, you can legally deny the arrest or conviction of an expunction. Additionally, when the future employer runs your background check, there will be no arrest or conviction record.
Expunging your Record
UCW Conviction expunction
So, who is eligible for an expunction? As long as the UCW conviction took place before September 1, 2021, you may have your record expunged. What if you received deferred adjudication instead of a conviction for UCW? Are you still eligible for an expunction under the new law?
UCW EXpunction for Deferred adjudication
Deferred adjudication is a type of probation that, when successfully completed, does not result in a conviction.
A deferred adjudication is not the same as a dismissal. At the same time, a deferred adjudication is not a conviction. As a result, if you receive deferred adjudication for a charge, you are not eligible for an expunction.
That is because the new expunction law is missing specific language.
However, our firm just recently obtained an expunction for a deferred adjudication UCW. This is in a case where the client received deferred adjudication instead of a final conviction. While we obtained this fantastic result in Harris County, every county is different.
At Walker & Taylor, we evaluate each situation on a case-by-case basis. If you have questions about whether you are eligible for an expunction, call and ask one of our attorneys today!
How to Get a Texas UCW Expunction
It is best to speak with an expunction lawyer. A UCW expunction can be complicated. But, an experience expunction lawyer can easily walk you through the procedure. Additionally, an expunction lawyer can prepare all of the necessary paperwork. And ultimately, obtain an Order of Expunction.
What kind of information is in a petition for expunction?
Petitions for Expunction require a lot of information. This includes:
- Personally identifiable information;
- The offense charged;
- The arrest date,
- The arresting agency;
- Where records of the arrest may exist;
- How was the charge resolved; and
- The date the charge was resolved.
Do I have to go to court for an expunction?
As with most court procedures, there will likely be a hearing. This allows the applicable agencies and facilities to contest the expunction.
However, one benefit to having an expunction lawyer is that you will almost certainly not have to go to court!
How Do I Get a Texas UCW Expunction?
Call us today! An experienced attorney can guide you through the expunction process. Because, as you can tell, expunctions can be kind of tricky and require an experienced attorney to handle them.
Clear your record.
The attorneys at Walker & Taylor will provide experienced legal representation. We are here to help. Get your UCW conviction expunged! Contact the firm for a free case evaluation by calling (281) 668-9957 today!