EXPUNGEMENT IN COLLIN COUNTY TEXAS
WHERE TO FILE EXPUNCTION: COUNTY COURT OF DISTRICT COURT?
In Collin County, a person who has been placed under a custodial or noncustodial arrest for commission of either a felony or a misdemeanor may be entitled to have all record and files relating to the arrest expunged. According to the Collin County DA, the Petition for Expunction must be filed in the District Clerk’s Office. The District Clerk’s Office is located on the first floor of the district courthouse at 2100 Bloomdale Road, McKinney, Texas 75071.
Do you have a criminal record that needs to be expunged in Collin County, Texas? Take our free online eligibility test to see if you can get your record expunged.
All petitions for expunction must be filed in district court, even if your case was in county court. http://collincountyda.com
WHAT ARE THE THREE TYPES OF EXPUNCTIONS IN COLLIN COUNTY?
In Collin County, there are three types of expunctions. Each is different from the other. It is for your best interest to consult a lawyer. The three types of Expunctions are:
1. Acquittal – petitioner was found not guilty at trial, acquitted by the Court of Criminal Appeals, or pardoned;
2. Dismissal – case dismissed before trial, whether not filed by the police, refused by the District Attorney, no-billed by the grand jury, or dismissed by the trial court; and
3. Identity theft – another person provided the petitioner’s identifying information without consent up on arrest.
WHEN CAN I PETITION FOR EXPUNCTION? ARE THERE WAITING PERIODS TO BE OBSERVED?
It depends on the Type of Expunction. The waiting period is crucial for the granting or denial of your Petition. It is highly suggested to contact a lawyer who got indispensable experience in Expunction proceedings. For all dismissal expunctions, the statute of limitations must run before a person is entitled to an expunction. This applies to both felonies and misdemeanors, including where the petitioner received deferred adjudication on a Class C misdemeanor. The statute of limitations is tolled while an indictment or information is pending.
However, for Identity Theft Expunction, you do not need to file a petition for expunction. Rather, for an identity theft expunction, you need only file an IDTheft Expunction Application with the District Attorney’s Office.
WHAT HAPPENS WHEN EXPUNCTION IS GRANTED?
The District Clerk notifies all respondents listed on the petition after the judge signs the expunction order. They are given 30 days to file a notice of appeal if they disagree with the decision. After the lapse of 30 days, the District Clerk sends each respondent a certified copy of the order.
WHAT SHALL THE RESPONDENT DO UPON RECEIPT OF THE CERTIFIED ORDER?
They shall gather all their files pertaining to the arrest and either delete the identifying information, destroy the records, or deliver the records to the District Clerk. The District Clerk is directed to destroy all records delivered to it no later than one year after the order was signed.
EXPUNGEMENT ATTORNEYS IN COLLIN COUNTY
Collin County has a plethora of attorneys, however, not everyone handles expungement matters. Even fewer are attorneys who specialize in expungement of criminal records. Expungement in Collin County should cost between $1,000 and $2,000, plus the court filing fees. The attorney should provide a money back guarantee. Also, make sure that the attorney has an “A” rating or better with the Better Business Bureau. Those who cannot afford a lawyer may be able to get free assistance from the public defender.
Collin County is the fastest growing county in Texas. It is the seventh-most populous and is considered as the 63rd largest county by population in the United States. It has a population of 839,336. Among counties with more than a half-million people, it highest sustained growth rate since the last Census in 2000, at 73.9%. Being a populous county, it is expected that the crime rate is also high. To ensure safety, the law is very strict that even a minor offense is recorded in ones criminal record.
HOW TO FILE EXPUNCTION IN COLLIN COUNTY?
Criminal-related civil filings such as expunctions can be filed personally or with the help of an attorney. Court clerks will not provide legal advice or assistance, beyond providing forms. The Collin County law library may have information about expungement.