Collin County Expungement of Weapons Offenses Attorneys
Some types of offenses do not remain crimes forever. Certain offenses are crimes because society has decided the relevant actions are criminal. Others, called “paper crimes” or “malum prohibitum,” are crimes because written statutes prohibit them. These offenses may be serious, but new laws can eliminate them. That is the case here. Texans are now eligible for expungement of weapons offenses for UCWs.
One of these crimes is Texas’ Unlawful Carrying of a Weapon (UCW). Before September 1, 2021, carrying a weapon without a permit was a Class A misdemeanor or a third-degree felony. This is a fairly serious offense and could affect your ability to own a firearm. However, things have now changed.
Do you have a weapons charge or a conviction for a UCW on your record? Call the Collin County expunction lawyers of Rosenthal Kalabus & Therrian at (972) 369-0577. Get started with a free consultation to see whether we can get your charge or conviction expunged.
HB 1927 and Post-Conviction Expungement of Weapons Offenses
Before 2021, Texas residents had to get permits before carrying firearms outside their homes or vehicles. The passage and signature of HB 1927 removed these restrictions. Now, any adult can purchase and carry a firearm if:
- They are 21 or older.
- Neither state nor federal law otherwise prohibits them from possessing a firearm.
- They have not been convicted of assault with bodily injury, terroristic threats, or disorderly conduct with display or discharge of a firearm within five years.
Today, certain individuals with weapons crimes on their records could apply for expungement. If you got convicted of violating Texas’ UCW law but no other crimes, you could be entitled to have your record expunged.
This is a landmark event because all other expunctions require that the subject not have been convicted of the alleged crime. This is the only situation where a conviction is not a bar to expunction.
Requirements for Expungement of a UCW Conviction
Under HB 1927, you can receive your expunction of a UCW conviction. That is, the state has no grounds to object to your request. But you are not automatically guaranteed an expunction. According to the law, you must still meet the requirements to own and carry a firearm. You may not qualify for an expungement if you were under 21 or prohibited from owning or carrying a firearm during your arrest. This is a question you should ask your attorney.
You could still apply for expungement if you had multiple arrests for owning a firearm without a permit or other arrests that led to a conviction. The Supreme Court has decided that if a misdemeanor case was eligible for expunction, it should not matter if there were multiple arrests. Therefore, even if you had multiple offenses in the same arrest, you could seek expunction if they were not disqualifying felonies.
What This Law Does Not Do
It is important to note that this is not a “clear your record for free” law. It is only to clear the records of those arrested and convicted of something that is no longer a crime in Texas.
HB 1927 does not affect expunction in any case other than a UCW. If you got convicted of possessing any other prohibited weapon, you cannot have your conviction expunged.
If you were convicted of manufacturing, repairing, transporting, or selling prohibited weapons, your conviction is not eligible. Also, if your conviction involved any of the enumerated crimes that would have prevented you from legally possessing a firearm under the original law, it cannot be expunged.
For instance, suppose you were 18 and arrested for owning a fully automatic machine gun with armor-piercing ammunition. In that case, the conviction would remain on your record. However, it could be expunged if you were 22 and arrested for carrying a legally purchased handgun outside your residence.
How to Get Your Record Cleared
You must file your petition for expungement in the same jurisdiction where you were charged and convicted. However, if you come to Rosenthal Kalabus & Therrian, we can file the petition no matter where the original charge appeared.
The judge will review your petition. Although there is a presumption of the right to expunction, the law requires a review to ensure you meet all the requirements. If there are any questions or concerns about the petition, the judge may schedule a hearing on your case.
Once your conviction has been expunged, all records of your arrest, conviction, and incarceration are no longer public. You can also deny being arrested or convicted of UCW during a job interview or other application.
A word of warning: the internet is forever. Just because official records get sealed or closed does not mean they disappear. Stray comments on social media or emails sent to a friend of a friend can follow you and pop up at inopportune moments. Caution is always wise.
How We Can Help
If you believe you meet the criteria to have a UCW conviction expunged, contact Rosenthal Kalabus & Therrian right away. You should not have to carry that unnecessary burden with you longer than necessary. Our legal team will start filing your petition and clearing your record once we have the necessary information.
If you’re unsure whether you qualify or have other arrests needing review, we’ll also help you with those. Getting your record cleared is a time-consuming process. The sooner you start working on it, the faster it will happen. Call us at (972) 369-0577 for a consultation and review of your cases.
The state of Texas estimates more than 130,000 convictions will be eligible for expungement now that this law has gone into effect. Don’t wait for the line to get longer. Call us today.