Expunging Unlawful Carry of a Firearm
Anyone convicted of unlawfully carrying a handgun is eligible for expungement after the passage of HB 1927. The bill, colloquially referred to as the ‘permitless carry bill’, enables any person over the age of 21 to open or concealed carry a gun.
The bill also included a clause enabling anyone charged with unlawfully carrying a firearm before Sept. 1, 2021 to apply for expungement. More then 130,000 people have been convicted of unlawful firearm possession since 1974, according to the Texas District & Court Attorney’s Association. Many, many people now have the opportunity to set forward with a clean record.
The following article will briefly touch on what expungement is and how you can clean your firearm record.
Travis County Lawyer for Unlawful Carry Expungement
Firearms convictions can result in serious difficulty obtaining gainful employment, housing opportunities, or receiving a loan. The collateral consequences of a firearm conviction are far-reaching and long-lasting if not acting on.
However, with the passage of HB 1927, you now have the opportunity to set the record clean. If you’ve been convicted of unlawfully carrying a weapon and are interested in pursuing expungement, then we recommend The Law Office of Jackson F. Gorski. Our office has spent years advocating for our clients, and we will ensure that your records get expunged of all charges.
The Law Office of Jackson F. Gorski has offices in Austin and Georgetown but accepts clients throughout Texas including Travis County, Williamson County, Bell County, Bastrop County, Burnett County, Hays County, Caldwell County, Blanco County, Lee County, Milam County, Hays County, and Caldwell County.
If you or a loved one are considering applying for an expunction, call 512-960-4646 today.
Unlawful Carry Conviction Expungement in Texas
- Am I Eligible for Unlawful Carry Conviction Expungement?
- How to Expunge Your Unlawful Carry Convictions in Texas
- Expunction vs. Non-Disclosure
- Additional Resources
- Hire an Expungement Lawyer in Travis County, Texas
Can I expunge a Conviction for Unlawfully Carrying a Firearm in Texas?
The short answer is yes. The history behind expunctions in Texas go back decades to when the state placed prohibitions on expunctions for certain convictions. The belief was that removing the possibility of expunction would make the crime more dangerous, and criminals would be less likely to do so.
This did not work, and instead left many Texans with criminal records for life.
However, it is important to note that HB 1927 only applies to Texans convicted under Texas Penal Code 46.035 and 46.02 if they were convicted before September 1st, 2021. Any convictions after that date cannot be expunged. Any person carrying a weapon under the appropriate age, or in an area where carrying a firearm would be illegal, such as a government building, will still be convicted and cannot have their record expunged.
How to Expunge Your Unlawful Carry Conviction
While it is possible for someone to complete this form on their own, it is highly recommended to complete expunction requests with the assistance of a lawyer.
The petitioner will need to create a list of all personal identifying information, as well as the offense charged, when the arrest occurred, when the offense occurred, the name of the arresting agency and a list of all the agencies or facilities that may have a record of the request. The complexity of the legal network is one reason why it is highly advisable to hire an attorney to file the petition for you.
File the Petition
The level of offense will dictate where the petition needs to be filed, which will be either in municipal, county or district court. The court will schedule a hearing and send a notice to all the agencies listed in the expungement request. They will have a chance to speak and respond to the expunction. There are many reasons why an agency may refute the expungement order. One common reason is that your information is necessary to complete a pending investigation.
Once the Order is Granted
If the order is granted, then the judge will likely sign at the hearing and the expunction order will be sent to all related agencies. Those records will either be deleted, shredded, or returned to the court clerk.
Expunction vs. Non-Disclosure
You’ve probably heard the phrases “expunging” or “sealing” in relation to a person’s record before. What you might not know is that these are two different legal processes with different outcomes. Whether you can expunge or seal your record will depend on if you are eligible and the facts surrounding your charges.
Once you expunge your record, that means no one can access it. Higher education institutions, licensing agencies, employers, and even government agencies will not be able to access your records. You will also be legally permitted to deny any arrest, charges, or conviction in a job interview or any other official meeting without penalty.
Sealing a criminal record is similar to expungement, but some people will still be able to access your records. Some licensing agencies and government entities will have access to your record even after it’s sealed. However, the requirements to seal your record are much laxer than expungement. In Texas, you can seal your record if:
- You were placed on deferred adjudication
- You successfully completed the deferred adjudication
- You waited the appropriate time period to file an order of nondisclosure with the court who had jurisdiction over your charges
- You were convicted of any criminal offense between the time of your deferred adjudication and the filing for non-disclosure
Permitless Carry Bill or HB 1927 – Visit the official website for the Texas Legislature Online to learn about the Permitless Carry Bill or HB 1927. Access the site to see the authors of the bill, co-authors, the contents of the bill, bills amendments in both the House and Senate, as well as the signature by Governor Greg Abbott.
Unlawful Carry Laws in Texas – Visit the official website for the Texas Statutes and Penal Code to read up on their laws regarding firearms and unlawfully carrying a firearm. Access the site to read more about areas where firearm possession is illegal, signage needed to bar firearms, and other important information related to firearms in Texas.
Hire an Expunction Order Attorney in Travis County, Texas
The Law Office of Jackson F. Gorski has offices in Austin and Georgetown but accepts clients throughout Texas including Travis County, Williamson County, Bell County, Bastrop County, Burnett County, Hays County, Caldwell County, Blanco County, Lee County, Milam County, Hays County, and Caldwell County. Your first consultation is free, so call 512-960-4646 today.