Protect Your Constitutional Rights With A Premier Expunction Attorney
If you're accused of a crime or have already been convicted of one, the importance of understanding your legal rights can't be overstated. At Cofer & Connelly, PLLC, our criminal defense lawyers focus on a variety of case types and are committed to ensuring your constitutional rights are not violated. Reach out to a criminal defense lawyer at our offices today at (512) 991-0576 or visit us online to explore your legal options.
The Lifelong Impact Of A Youthful Mistake
Many individuals make some form of a mistake during their younger years, and unfortunately, some of those mistakes involve breaking the law. A conviction as a minor can have long-lasting consequences that impact one's adult life, including hindering job prospects and housing opportunities. But what if you could legally remove this record? This is where Texas Alcoholic Beverage Code Section 106.12 comes into play. It offers a chance for minors convicted of certain alcohol-related offenses to expunge their records, giving them a fresh start upon reaching adulthood.
What Does Texas Law Say About Expunction Of Minor Convictions?
According to Section 106.12 of the Texas Alcoholic Beverage Code, any person convicted of not more than one violation of the code while a minor has the option to apply for expunction upon reaching the age of 21. The same law also provides for the expunction of arrest records for a minor who was arrested for not more than one violation and was not convicted.
The Application Process
To start the expunction process, the individual needs to submit an application to the court where they were convicted or arrested. This application must include a sworn statement that the individual was not convicted or arrested for any other violation of this specific code while a minor, other than the one they seek to have expunged.
Court Approval And Effects Of Expunction
If the court finds that the applicant meets the criteria, it will order the conviction or arrest records, along with all related complaints, verdicts, sentences, prosecutorial and law enforcement records, to be expunged. This effectively releases the individual from all disabilities resulting from the conviction or arrest, and the records can't be used against them for any purpose thereafter.
What’s The Cost? The Reimbursement Fee
The court charges a reimbursement fee of $30 for each application filed under Section 106.12. This fee is used to defray the cost of notifying relevant state agencies about the expunction orders.
The Distinct Nature Of This Expunction Process
It’s crucial to understand that the expunction procedures under Section 106.12 are separate and distinct from those outlined in Texas Code of Criminal Procedure. This means that even if you are ineligible for expunction under other statutes, you may still qualify for expunction under Section 106.12.
Frequently Asked Questions About Texas Alcoholic Beverage Code Section 106.12
Who Is Eligible For Expunction Under This Law?
The law applies to individuals who have been convicted or arrested for not more than one violation of the Texas Alcoholic Beverage Code while they were minors. If you meet these criteria, you can apply for expunction upon turning 21 years old.
What Is Required In The Expunction Application?
The expunction application should be submitted to the court where you were convicted or arrested. The application must contain your sworn statement affirming that you were not convicted or arrested for any other violation of this code as a minor, except the one you are seeking to have expunged.
What Records Are Expunged?
If the court approves your application, all records relating to that particular conviction or arrest will be expunged. This includes complaints, verdicts, sentences, prosecutorial and law enforcement records, and other documents associated with the offense.
How Does Expunction Affect My Record?
Once your application is approved and the records are expunged, you are released from all "disabilities" resulting from that conviction or arrest. This essentially means that the conviction or arrest will not show up on background checks, and you are not required to disclose it for any purpose.
Is There A Fee For Applying For Expunction?
Yes, there is a reimbursement fee of $30 for each application for expunction. This fee helps cover the cost of notifying state agencies about your expunction.
How Is This Different From Other Expunction Laws?
The procedures for expunction are different from those specified in Texas Code of Criminal Procedure. They are separate processes, and eligibility under one does not necessarily mean eligibility under the other.
What Happens If I Have More Than One Conviction Or Arrest As A Minor?
If you have more than one conviction or arrest related to the Texas Alcoholic Beverage Code as a minor, you are not eligible for expunction under Section 106.12. This law only applies to those with a single conviction or arrest.
A Lifeline For Minors Making A Mistake – Texas Expunction Attorneys
Understanding Texas Alcoholic Beverage Code Section 106.12 is crucial if you or someone you know has a minor conviction or arrest for alcohol-related charges in Texas. It offers a lifeline for those who wish to expunge such records and start their adult lives without the burden of past mistakes. However, the legal process can be complicated, and it's always advisable to consult with a qualified Texas expunction attorney to navigate the intricacies effectively.
Our criminal defense lawyers at Cofer & Connelly, PLLC can provide you with much-needed guidance and peace of mind. Call our Texas expunction lawyers at (512) 991-0576 or contact us online to learn more.