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Car accident scene with damaged vehicle and emergency responders, text overlay: "What Qualifies as a Personal Injury in Texas?" HLAW logo visible, highlighting personal injury law context in Texas.

What Qualifies as a Personal Injury in Texas? A Quick Guide to Claims & Compensation

ByPersonal Injury

When accidents or injuries happen, understanding whether your situation qualifies as a personal injury case is crucial. A Texas Personal Injury Case arises when someone is harmed due to another party’s negligence, intentional actions, or strict liability. In this blog post, we’ll break down what qualifies as a personal injury case and provide examples to help you determine your next steps.

Car crash scene with emergency responders, featuring text overlay "What Qualifies as a Personal Injury in Texas?" and HLAW logo, emphasizing personal injury law in Texas.

A serious car crash highlights the importance of understanding what legally qualifies as a personal injury in Texas.

The Basics of Texas Personal Injury Cases

A personal injury case typically involves:

  1. Duty of Care: The responsible party owed a legal duty to act in a way that avoids causing harm to others.
  2. Breach of Duty: The responsible party failed to meet that duty, either through negligence or intentional actions.
  3. Causation: The breach of duty directly caused the injury.
  4. Damages: The injured party suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.

Common Types of Personal Injury Cases in Texas

  1. Car Accidents

    One of the most common types of personal injury cases, car accidents occur when a driver acts negligently, such as speeding, texting while driving, or running a red light. Texas law requires drivers to carry liability insurance to cover damages they cause.

  2. Slip and Fall Accidents

    Property owners have a duty to maintain safe premises. If you slip, trip, or fall due to hazards like wet floors, uneven surfaces, or poor lighting, you may have a personal injury case under premises liability law.

  3. Workplace Injuries

    Texas employers must provide a safe working environment. If an injury occurs on the job, workers may be eligible for workers’ compensation or, in some cases, file a lawsuit for damages if the employer’s negligence was involved.

  4. Medical Malpractice

    When healthcare providers fail to meet the standard of care, patients can suffer harm. Examples include surgical errors, misdiagnosis, or medication mistakes. Texas has specific laws governing medical malpractice claims, including damage caps.

  5. Product Liability

    If a defective product causes injury, you may be able to file a lawsuit against the manufacturer, distributor, or retailer. Common cases involve faulty machinery, contaminated food, or unsafe toys

  6. Dog Bites and Animal Attacks

    Texas law holds pet owners responsible if their animal injures someone, especially if the owner knew the animal had aggressive tendencies.

  7. Wrongful Death

    If a loved one dies due to another party’s negligence or wrongful act, surviving family members may file a wrongful death claim to seek compensation for their loss.

Examples of Negligence in Personal Injury Cases

Negligence can take many forms, including:

  • Distracted driving (e.g., texting or eating while driving)
  • Failing to clean up spills or repair hazards on a property
  • Ignoring safety protocols at work
  • Manufacturing a product with design flaws

Proving a Personal Injury Case

To successfully pursue a personal injury case, you’ll need to prove:

  • The other party’s fault: This often requires evidence such as photos, video footage, police reports, or witness statements.
  • Your damages: Medical records, bills, pay stubs, and expert testimony can help establish the financial and emotional impact of your injury.

Damages in Personal Injury Cases

If your case is successful, you may recover:

  • Economic damages: Medical expenses, lost wages, property damage, and future earning capacity.
  • Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive damages: Awarded in rare cases to punish extreme negligence or intentional misconduct.

Do You Have a Case?

If you’re unsure whether your situation qualifies as a personal injury case, we would be happy to visit with you and offer a free consultation. We can evaluate your case, explain your legal options, and help you seek the compensation you deserve.

Conclusion

Personal injury cases in Texas cover a wide range of situations, from car accidents to product liability. The key is proving negligence, causation, and damages. If you believe you’ve been harmed due to someone else’s actions, don’t wait to take action—time limits apply to most personal injury claims. Don’t wait – Texas law limits how long you have to file a personal injury claim! Contact us today for a free consultation and get the justice you deserve.

Learn more about filing a personal injury claim in Texas.

What factors should I consider when choosing a personal injury firm in Fort Worth, Texas?

ByPersonal InjuryNo Comments

 

How to Choose the Best Personal Injury Firm in Fort Worth: Key Factors and Lawyer Reviews

Selecting the right personal injury firm in Fort Worth can significantly impact the outcome of your case. With numerous options available, understanding the key factors that influence your choice is essential. This article will guide you through the critical elements to consider when choosing a personal injury lawyer, including their experience, reputation, and client reviews. By the end, you will be equipped with the knowledge to make an informed decision that aligns with your needs and expectations.

What Are the Most Important Factors When Choosing a Fort Worth Personal Injury Lawyer?

When selecting a personal injury lawyer in Fort Worth, several factors play a crucial role in ensuring you receive the best representation. These include the attorney’s experience, the law firm’s reputation, and the feedback from previous clients. Understanding these elements can help you gauge the potential success of your case and the level of service you can expect.

How Does Attorney Experience Impact Your Injury Case Outcome?

The experience of an attorney is vital in personal injury cases, as it directly influences the outcome. Experienced lawyers possess a deep understanding of the legal landscape, which allows them to navigate complex cases effectively. They are familiar with the tactics used by insurance companies and can leverage their knowledge to negotiate better settlements. Furthermore, a seasoned attorney often has a proven track record of success in similar cases, which can instill confidence in clients.

Indeed, the value of an experienced attorney in personal injury cases is consistently highlighted in legal scholarship.

Why Is a Law Firm’s Reputation Crucial in Fort Worth?

A law firm’s reputation is a significant factor in your decision-making process. A firm with a strong reputation is likely to have a history of successful case outcomes and satisfied clients. This reputation can be assessed through client reviews, peer recognition, and awards. A well-regarded firm not only enhances your chances of a favorable outcome but also provides peace of mind, knowing that you are in capable hands.

How Can You Evaluate Fort Worth Injury Lawyer Reviews Effectively?

Evaluating reviews of personal injury lawyers in Fort Worth is essential for making an informed choice. Reviews can provide insights into the experiences of past clients and highlight the strengths and weaknesses of a firm. When assessing these reviews, look for detailed testimonials that discuss specific outcomes and the overall satisfaction of clients.

What Should You Look for in Client Testimonials and Case Success Stories?

When reading client testimonials, focus on the specifics of their experiences. Look for mentions of successful case outcomes, the attorney’s communication style, and the level of support provided throughout the legal process. Testimonials that detail the challenges faced and how the attorney helped overcome them can be particularly telling of their capabilities.

How Do Online Review Platforms Influence Your Choice?

Online review platforms, such as Yelp and Avvo, play a significant role in shaping your perception of a personal injury lawyer. These platforms aggregate client feedback and provide a broader view of a lawyer’s reputation. Pay attention to the overall ratings, the number of reviews, and the consistency of feedback across different platforms. A lawyer with numerous positive reviews is likely to be a reliable choice.

What Questions Should You Ask During a Personal Injury Lawyer Consultation in Fort Worth?

During your initial consultation with a personal injury lawyer, asking the right questions is crucial to understanding their approach and capabilities. This dialogue can help clarify their fee structures, communication preferences, and overall strategy for your case.

Understanding the dynamics of client decision-making during this crucial phase is further illuminated by research into the lawyer-client relationship.

Which Fee Structures and Contingency Costs Should You Clarify?

Understanding the fee structure is essential when hiring a personal injury lawyer. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Clarify the percentage they will take from your settlement and any additional costs you may incur. This transparency will help you avoid unexpected expenses later on.

How to Assess Consultation Availability and Attorney Communication?

Effective communication is vital in any attorney-client relationship. During your consultation, assess how responsive the attorney is to your questions and concerns. Inquire about their availability for meetings and updates on your case. A lawyer who prioritizes communication will likely provide a better overall experience.

How Do Fort Worth Car Accident Attorneys Handle Personal Injury Claims?

Understanding how personal injury claims are handled in Fort Worth is essential for anyone involved in an accident. Car accident attorneys typically follow a structured process to ensure that clients receive the compensation they deserve.

What Is the Typical Personal Injury Claim Process in Texas?

The personal injury claim process in Texas generally involves several key steps. Initially, the attorney will gather evidence, including police reports and medical records, to build a strong case. Next, they will negotiate with insurance companies to reach a fair settlement. If a settlement cannot be reached, the attorney may file a lawsuit and represent you in court. This structured approach ensures that all aspects of your case are thoroughly addressed.

How Long Do Personal Injury Cases Usually Take in Fort Worth?

The duration of personal injury cases can vary significantly based on several factors, including the complexity of the case and the willingness of the parties to negotiate. On average, personal injury cases in Fort Worth can take anywhere from several months to a few years to resolve. Factors such as the need for extensive medical treatment or disputes over liability can extend this timeline.

How to Verify a Personal Injury Law Firm’s Reputation and Success Rate in Fort Worth?

Verifying a law firm’s reputation and success rate is crucial before making your final decision. This process involves researching their track record and understanding how they have performed in past cases.

Where to Find Reliable Case Success Statistics and Legal Credentials?

To verify a law firm’s success rate, look for case success statistics on their website or legal directories. Many firms publish their achievements, including the number of cases won and the total amount recovered for clients. Additionally, checking their credentials through the Texas State Bar Association can provide insights into their standing and any disciplinary actions.

How Does Local Legal Expertise Affect Your Injury Claim?

Local legal expertise can significantly impact your injury claim. Attorneys familiar with Fort Worth’s legal landscape understand the nuances of local laws and regulations. This knowledge can be advantageous in navigating the legal system and ensuring that your case is handled effectively. Furthermore, local attorneys often have established relationships with judges and opposing counsel, which can facilitate smoother negotiations.

Why Choose Howard Lotspiech Alexander & Williams, PLLC (HLAW) for Your Personal Injury Case in Fort Worth?

Howard Lotspiech Alexander & Williams, PLLC (HLAW) exemplifies the qualities outlined in this article, making it an excellent choice for your personal injury needs in Fort Worth. Our firm combines extensive attorney experience, a strong reputation, and a commitment to client satisfaction that aligns perfectly with the key factors you should consider when selecting legal representation.

At HLAW, our attorneys bring years of specialized experience in personal injury law, having successfully handled a wide range of cases similar to yours. This experience equips us to navigate the complexities of insurance negotiations and litigation effectively, maximizing your chances of a favorable outcome.

Our firm’s reputation in the Fort Worth community is built on a foundation of trust, integrity, and proven results. We are proud of the positive reviews and testimonials from past clients who highlight our communication, dedication, and successful case resolutions. These endorsements reflect our commitment to providing personalized and attentive legal service.

We understand the importance of transparent fee structures and clear communication. During your consultation with HLAW, we will thoroughly explain our contingency fee arrangement and ensure you are fully informed about any potential costs. Our attorneys prioritize responsiveness and accessibility, keeping you updated throughout every stage of your case.

Moreover, our deep local legal expertise and established relationships within the Fort Worth legal community enable us to advocate effectively on your behalf. We are dedicated to guiding you through the personal injury claim process with professionalism and care, ensuring that your rights are protected and your interests vigorously represented.

Choosing Howard Lotspiech Alexander & Williams, PLLC means partnering with a firm that not only meets but exceeds the criteria for selecting the best personal injury lawyer in Fort Worth. We invite you to contact us for a consultation to discuss how we can assist you in achieving the best possible outcome for your case.

For a free case evaluation and consultation with our team, contact us today!

DWI with a firearm in Texas, featuring a glass of whiskey, handgun, and bullets on a wooden surface, emphasizing legal implications of intoxicated firearm possession.

DWI with a Firearm in Texas: Laws, Penalties & Gun Rights Explained

ByDWI

DWI with a Firearm in Texas: Laws, Penalties & Gun Rights Explained

DWI with a firearm in Texas, glass of whiskey, handgun, bullets, HLAW logo.

Texas DWI and firearm laws: What happens if you’re caught carrying a gun while intoxicated?

In Texas, both gun ownership and alcohol laws are taken very seriously. But what happens when these two worlds collide? If you’re arrested for Driving While Intoxicated (DWI) while carrying a firearm, you could face serious consequences beyond the standard DWI penalties. Texas law imposes strict rules on firearm possession, and combining alcohol and firearms can lead to enhanced charges and legal complications.

In this post, we’ll cover:

  • Texas DWI laws and firearm regulations
  • Consequences of a DWI with a firearm
  • Impact on gun rights
  • Defenses for DWI with a firearm
  • How to avoid these charges

Read on to learn what you need to know about this serious legal issue and how to protect your rights.

What is DWI in Texas?

In Texas, a DWI (Driving While Intoxicated) is defined under Texas Penal Code § 49.04. You can be charged with a DWI if you are:

  • Driving a vehicle in a public place
  • With a blood alcohol concentration (BAC) of 0.08% or higher
  • Or if you have lost the normal use of your mental or physical faculties by way of the introduction of drugs or alcohol into your body

A first-time DWI offense is typically a Class B misdemeanor, but the penalties can escalate depending on your BAC level, prior offenses, or whether there were aggravating factors like having a child in the car.

Can You Carry a Firearm in Your Vehicle in Texas?

Texas law generally allows individuals to carry a handgun in their vehicle without a License to Carry (LTC) as long as they:

  • Are not engaging in criminal activity (other than a traffic violation)
  • Are not prohibited by law from possessing a firearm
  • Are not a member of a criminal gang

However, carrying a firearm while intoxicated is considered criminal activity, which makes it illegal to have the firearm in your vehicle during a DWI.

What Happens If You’re Arrested for DWI with a Firearm?

If you’re arrested for DWI with a firearm, you could face multiple charges, including:

  1. DWI Charges  
    • First Offense: Class B misdemeanor, up to 180 days in jail, $2,000 fine, and license suspension for up to one year
    • Second Offense: Class A misdemeanor, up to one year in jail, $4,000 fine, and longer license suspension
    • Third Offense: Felony charges, which can lead to 2-10 years in prison and up to a $10,000 fine
  1. Unlawful Carrying of a Weapon (UCW)

Under Texas Penal Code §46.02, it is illegal to carry a firearm while intoxicated. This offense is typically charged as Unlawful Carrying of a Weapon (UCW), which is a Class A misdemeanor. Penalties include:

    • Up to one year in jail
    • Up to a $4,000 fine

Additionally, if you are a licensed gun owner with a License to Carry (LTC), you could face revocation of your license. Texas law prohibits LTC holders from carrying while intoxicated, and a conviction could result in a permanent ban on your ability to carry a firearm in the future.

Impact on Gun Rights

If you are convicted of DWI with a firearm, the consequences for your gun rights can be severe:

  • First Conviction: You may lose your License to Carry (LTC) temporarily.
  • Multiple Convictions: Multiple DWI or UCW convictions can result in a permanent ban on your right to carry a firearm.
  • Felony Convictions: If your DWI escalates to a felony charge, you will lose your right to own or possess firearms under both state and federal law.

Defenses for DWI with a Firearm

If you’re facing charges for DWI with a firearm, there are potential defenses your attorney may use, such as:

  • Challenging the Traffic Stop– If the officer lacked reasonable suspicion or probable cause to pull you over, the entire case could be dismissed.
  • Questioning the BAC Test– Your attorney may challenge the accuracy of breathalyzer or blood test results.
  • Arguing Possession of the Firearm– Your attorney may argue that the firearm was not readily accessible, which could reduce or dismiss the UCW charge.
  • Proving Lack of Intent– If the firearm was in the vehicle but you had no intention to use it, this could be used to mitigate charges.

How to Avoid DWI with a Firearm Charges

The best way to avoid these charges is to never mix firearms and alcohol. If you plan to drink:

  • Leave your firearm at home
  • Use a rideshare service like Uber or Lyft
  • Designate a sober driver

Final Thoughts: Take These Charges Seriously

Being arrested for DWI with a firearm in Texas can result in serious legal consequences, including jail time, hefty fines, and loss of gun rights. Texas takes both gun laws and DWI laws very seriously, and combining the two offenses can make your situation much worse.

If you find yourself in this situation, it’s crucial to contact an experienced criminal defense attorney who can help you navigate the complex legal process, protect your rights, and work toward the best possible outcome.

Charged with DWI and firearm possession? Texas law is tough—don’t face it alone. Contact HLAW today for a free consultation and protect your future.

Frequently Asked Questions (FAQs)

  1. Can I carry a gun in my car in Texas if I’ve had a drink and are intoxicated? No. Carrying a firearm while intoxicated is considered criminal activity and can result in Unlawful Carrying of a Weapon (UCW) charges.
  2. Will I lose my License to Carry (LTC) if I get a DWI in Texas? Yes, if you’re convicted of DWI with a firearm, you could face temporary or permanent revocation of your LTC.
  3. Can I get my gun rights restored after a DWI conviction? It depends on the circumstances. Speak with a criminal defense attorney to explore your options.

By understanding the risks and knowing your rights, you can avoid finding yourself in a legally precarious situation. If you’re facing charges of Driving While Intoxicated or Unlawful Possession of a Firearm in Texas, contact HLAW today for a free consultation.

The Current State of Expunction Law in Texas: A Comprehensive Analysis with gavel and legal documents in foreground, Texas State Capitol in background, Howard Lotspeich Alexander & Williams, PLLC branding.

The Current State of Expunction Law in Texas: A Comprehensive Analysis

ByCriminal Defense, Expunction
The Current State of Expunction Law in Texas title overlaying a gavel and the Texas State Capitol, representing legal analysis by Howard Lotspeich Alexander & Williams, PLLC.

Understanding expunction law in Texas, a critical legal mechanism for clearing criminal history records and offering individuals a fresh start.

Introduction to Texas Expunction Law

Expunction in Texas represents a critical legal mechanism designed to provide individuals with a fresh start by clearing specific criminal history records. This process is distinct from other forms of record management and is governed by precise statutory frameworks that have recently undergone significant modernization.

Defining Expunction: Purpose and Legal Effect

Expunction is a judicial process in Texas that aims to permanently remove records of arrest, charge, or conviction from an individual’s criminal history. The fundamental purpose of expunction is to render the expunged event as if it never occurred. This profound legal fiction implies a significant societal commitment to rehabilitation and offering second chances, particularly for individuals who were wrongfully accused or whose minor infractions did not lead to a conviction. The intent extends beyond mere privacy; it is about restoring a person’s legal identity and opportunities, allowing them to move forward without the burden of a past record.

The practical effect of an expunction is the complete removal and destruction of files containing references to the crime, arrest, and punishment from public records, including those held by police and prosecution agencies. Once a case is expunged, it is effectively erased from public view, enabling the individual to legally deny the occurrence of the expunged event on most applications, such as those for employment, housing, or military service. This ability to truthfully state that the event did not occur is a cornerstone of the expunction’s rehabilitative power, preventing past incidents from creating lifelong barriers to social and economic integration.

Expunction vs. Nondisclosure: Key Distinctions and Implications

While both expunction and nondisclosure orders serve to manage criminal records and require a judge’s order, they differ significantly in their scope and the degree of record clearance they provide. Understanding these distinctions is crucial for individuals seeking to address their criminal history.

Expunction results in the complete removal or destruction of criminal records. Once an expunction order is granted, the records are inaccessible to the public, law enforcement, and most government agencies. This process allows the individual to legally deny the event occurred, creating a comprehensive erasure from their public criminal history.

Nondisclosure (Record Sealing), conversely, seals the record, restricting public access but allowing law enforcement, licensing agencies, and certain government entities to still view the information. This option is typically available for individuals who have successfully completed deferred adjudication for certain offenses. The clear differentiation between these two remedies reflects a nuanced legislative intent to balance individual rehabilitation with public safety and regulatory oversight. The state recognizes that not all non-convictions warrant complete erasure, particularly for offenses where deferred adjudication was granted, indicating a level of culpability or state intervention that necessitates continued governmental access for internal purposes, such as future criminal investigations or professional licensing checks. This tiered approach to record clearance ensures the level of relief granted is proportional to the nature of the original incident and its disposition.

The table below summarizes the core differences between expunction and nondisclosure:

FeatureExpunctionNondisclosure
DefinitionComplete erasure of criminal recordsSealing of criminal records
Effect on Record“As if it never occurred”Hidden from public view
Who Can SeePublic, most government agencies (cannot see)Law enforcement, licensing agencies, certain government entities (can see)
Eligibility BasisAcquittal, dismissal, no charges filed, pardonSuccessful deferred adjudication
Legal DenialYes, can legally denyYes, can legally deny to public/employers

Governing Statutes: Texas Code of Criminal Procedure Chapter 55 and Chapter 55A, Government Code Chapter 411, Family Code Chapter 58

The legal framework for expunction in Texas has historically been primarily governed by the Texas Code of Criminal Procedure, Chapter 55. This chapter meticulously outlined the eligibility criteria, the rights of individuals seeking expunction, and the specific procedures that petitioners were required to follow.

However, a crucial legislative update,House Bill 4504 (H.B. 4504), enacted by the 88th Legislature, R.S., has fundamentally restructured Texas expunction law. Effective January 1, 2025, Chapter 55 was repealed and replaced by a new comprehensive chapter: Chapter 55A. Expunction of Criminal Records. This transition signifies a legislative intent to not just amend, but to modernize and streamline the expunction process, addressing past complexities and aiming for clearer guidelines and potentially broader access to relief. The stated goals of HB 4504, such as “simplifying and modernizing” the criminal procedure code, underscore that this is a comprehensive re-codification rather than a minor adjustment. The impact of this change is expected to be felt across all aspects of expunction law, from eligibility to procedure, necessitating careful attention to the evolving legal landscape.

Beyond expunction, nondisclosure orders are governed by the Texas Government Code, Chapter 411, Subchapter E-1. For the sealing of juvenile records, the relevant statute is the Texas Family Code, Chapter 58, specifically beginning at Section 58.003. These separate statutory frameworks highlight the distinct legal considerations and processes for different types of record clearance.

Eligibility Criteria for Expunction

Determining eligibility is the foundational step in the expunction process, as not all criminal records qualify for this comprehensive relief. The criteria are stringent and depend heavily on the disposition of the case and the nature of the offense.

General Conditions for Expunction

Expunction is generally available for arrests that did not lead to a conviction. This consistent emphasis on non-conviction scenarios across various legal resources underscores a foundational legal philosophy: an arrest alone does not equate to guilt, and if the legal process does not culminate in a finding of guilt, the state provides a mechanism to erase the arrest’s public footprint. This protects individuals from the collateral consequences of an arrest that did not lead to a conviction, such as employment discrimination or housing denials.

Key scenarios that typically qualify for expunction include:

  • Arrested but not formally charged: If no criminal charges were filed against the person after an arrest.
  • Acquittal: The person was tried for the offense and acquitted by the trial court.
  • Dismissal: Charges against the person were dismissed or quashed, often due to reasons such as lack of probable cause, false information, or a mistake.
  • Pardon: The person was found guilty and subsequently pardoned, whether the pardon was granted on the basis of actual innocence or for other reasons.
  • Pretrial Diversion: Successful completion of a pretrial diversion program can also lead to expunction eligibility.

Specific Offense Eligibility

While the general rule for expunction centers on non-convictions, Texas law includes specific provisions for certain offenses, reflecting a legislative recognition of the disproportionate impact of minor or non-culpable records on individuals’ lives.

  • Class C Misdemeanors: A notable exception to the general rule that deferred adjudication leads only to nondisclosure is for Class C misdemeanors. Expunction is permitted for Class C misdemeanors where deferred adjudication was successfully completed. This indicates that the state views these minor offenses as sufficiently low-level that even a deferred adjudication should not leave a permanent public mark.
  • DWI Offenses: Generally, expunction is not available for DWI convictions. However, if DWI charges were dismissed or the individual was acquitted, expunction may be possible. For first-time DWI offenders, nondisclosure might be an available option depending on the specific details of the case.
  • Identity Theft: Individuals whose identity was used by someone else during an arrest are specifically eligible for expunction, recognizing the injustice of a record for a crime they did not commit.
  • Truancy/Sexting (Juvenile/Minor Offenses): Recent legislative changes have expanded expunction eligibility for certain juvenile and minor offenses. For example, new laws (such as SB144, SB1489, SB407 mentioned in ) have made expunction possible for single truancy offenses (if the individual is 18 or older and meets conditions like obtaining a high school diploma or GED) and single sexting convictions (if 17 or older).
  • Multiple Violations for First-Time Minor Alcohol Offenders: Significant recent legislation, Texas Senate Bill 1725 (effective September 1, 2023), allows for the expunction of multiple violations arising from a single incident for first-time minor alcohol offenders. This change addresses previous issues where prosecutors often “stacked” charges, preventing comprehensive record clearance for minor incidents. These specific provisions demonstrate a policy shift towards mitigating the long-term consequences of events where the individual’s culpability was minimal, non-existent, or related to youthful indiscretion, aiming to prevent these minor incidents from creating lifelong barriers.

Mandatory Waiting Periods

For many expunction scenarios, specific waiting periods must elapse before a petition can be filed. The existence of these waiting periods, even when no charges are filed, suggests a pragmatic approach by the state: it allows time to determine if charges will be brought or if further investigation is warranted, acting as a safeguard against premature expunction.

  • For offenses where no charges were filed, minimum waiting periods apply from the date of arrest:
  • Class C misdemeanors: 180 days.
  • Class A and B misdemeanors: 1 year.
  • Felonies: 3 years.
  • For cases where charges were brought and later dismissed, the statute of limitations must have expired for all crimes associated with the arrest (not just the charged offenses) before expunction can be applied for, unless the dismissal was due to lack of probable cause or actual innocence.
  • Immediate Eligibility: In contrast, if the case was dismissed due to lack of probable cause or actual innocence, or if the person was acquitted by a jury, there is generally no waiting period. This immediate eligibility indicates a strong legal and ethical imperative to rectify wrongful accusations without delay, recognizing the immediate and severe impact of an unjust arrest record.

The table below provides a concise summary of the mandatory waiting periods:

ScenarioWaiting Period
No Charges Filed (Class C Misdemeanor)180 days from arrest
No Charges Filed (Class A/B Misdemeanor)1 year from arrest
No Charges Filed (Felony)3 years from arrest
Acquittal/Actual InnocenceNo waiting period
Dismissal (other reasons)Until statute of limitations expires

Disqualifying Factors and Exceptions

Despite the broad intent of expunction, strict disqualifying factors exist, underscoring the limited nature of this remedy and the state’s paramount interest in maintaining records for public safety and accountability when guilt is established or prosecution is ongoing.

  • Convictions: Generally, if an individual was convicted of the offense, they are not eligible for expunction. The only exceptions are a pardon or a Class C misdemeanor that resulted in successful deferred adjudication. This highlights that expunction is an exceptional remedy primarily for non-convictions, not a general pardon for all past offenses.
  • Pending Charges: If there are currently pending charges against the individual stemming from the arrest they seek to expunge, they are not eligible for expunction.
  • Criminal Episode: A court may not order expunction if the person was acquitted of an offense, but that offense arose out of a criminal episode for which they were convicted or remain subject to prosecution. This limitation prevents individuals from selectively erasing parts of a connected criminal history, ensuring a holistic view for justice agencies where genuine culpability exists. However, if multiple charges from the same arrest did not arise from the same criminal episode, expunction for the non-convicted charge may still be possible.
  • Deferred Adjudication (Non-Class C): For Class A and B misdemeanors or felonies, successful completion of deferred adjudication typically makes an individual eligible only for an order of nondisclosure, not expunction.

Special Circumstances (Juvenile Records)

Texas law provides distinct and often more lenient provisions for juvenile record sealing, reflecting a legal philosophy focused on rehabilitation and preventing youthful mistakes from permanently hindering adult opportunities.

Juvenile records can be sealed under Texas Family Code, Chapter 58. The state may automatically restrict record access for individuals who turn 17, provided they were not violent or serial offenders and were not tried as adults. Additionally, juveniles and their representatives can petition the state to permanently seal criminal records. For felony offenses committed as a juvenile, an offender may qualify for record sealing if they are 19 or older, were not tried as an adult, and did not obtain a conviction for an additional felony after turning 17. Recent legislative changes effective in 2025 may even lead to automatic sealing of juvenile records for minor offenses without requiring a lengthy application process. These provisions underscore a recognition that minors’ actions should be treated differently from adults’, aiming to give young people a genuine “fresh start” by minimizing the long-term impact of their early interactions with the justice system.

The Expunction Process: Step-by-Step Guide

Navigating the expunction process in Texas requires adherence to specific procedural steps, from initial eligibility assessment to post-order record removal. The complexity of these steps often necessitates professional legal assistance.

Initial Assessment and Eligibility Confirmation

Before initiating the expunction process, it is paramount for an individual to confirm their eligibility and ascertain that any applicable waiting periods have passed. The repeated emphasis on legal consultation and the inherent complexity of eligibility assessment suggest that while the law aims to provide a fresh start, the practical hurdles to achieving it are significant, potentially creating a barrier to access for unrepresented individuals. Legal professionals are strongly recommended to confirm eligibility under the current Texas laws, as the criteria can be nuanced and the process unforgiving. For specific case information, individuals can contact the District Attorney’s office or Municipal Courts.

Preparing the Petition and Required Documents

The expunction process is a civil matter that demands specific petitions and orders containing precise legal language. The lack of readily available “fill-in-the-blank” official forms for expunction, coupled with the strict requirement for precise legal language, indicates a deliberate design that favors legal expertise, potentially hindering pro se applicants. If documents are inaccurate or incomplete, a judge will deny the expunction.

Typically, petitioners will need to prepare three core documents:

  • A Petition for Expunction.
  • An Order Setting Hearing.
  • An Agreed Order of Expunction.

While Texas generally provides few official legal forms, petitioners may draft custom forms using templates or drafting guides. Resources such as TexasLawHelp.org and the Office of Court Administration offer sample forms. Additionally, gathering all necessary documentation, including arrest records, court case numbers, and proof of dismissal or acquittal, is essential for a complete petition.

Filing Procedures and Associated Fees

Once the necessary documents are prepared, the petition and order setting hearing must be filed with the appropriate District Clerk’s office, such as the Harris County District Clerk. Filing fees apply, with a base fee of approximately $227 in some counties, plus additional fees for serving each law enforcement agency listed in the petition. Payment methods may be restricted, often excluding personal checks.

Significant legislative changes introduced by C.S.S.B. 1667, effective September 1, 2025, aim to streamline the expunction process and reduce financial burdens. Electronic service of petitions and notices to agencies will become free to the filer, and state and local agencies will be required to accept electronic service whenever possible. For cases where electronic service is not available, a standardized fee of $25 per entity will be charged. This shift towards electronic processing and standardized fees reflects a proactive effort by the state to modernize the expunction process, recognizing past administrative bottlenecks and aiming for improved efficiency and predictability in costs.

Notifying Agencies and Entities

The expunction petition must meticulously list all law enforcement agencies, courts, prosecuting attorneys, and other governmental entities that may possess records of the arrest. It is critically important to include all necessary parties, as failing to do so may result in records remaining publicly accessible even after an expunction order is granted, undermining the purpose of the expunction. The court is responsible for sending a copy of the petition and notice of hearing to each listed entity.

C.S.S.B. 1667, effective September 1, 2025, further streamlines this notification process. Petitions will be prohibited from listing any state or local agency more than once or including multiple contacts or addresses for different divisions within the same agency, thereby reducing redundancy. Additionally, district clerks will be required to maintain a list of agencies and their email addresses on their website to facilitate accurate notification. This legislative effort to standardize agency listings and promote electronic notification demonstrates an understanding that administrative inefficiencies in record dissemination can undermine the effectiveness of expunction orders, and that a centralized, streamlined approach is necessary for true record clearance.

Court Hearings and Judicial Review

Upon filing, the court will set a hearing on the expunction petition, typically not earlier than 30 days after the filing date. Petitioners may need to attend this court hearing, especially if the expunction is contested by an agency or if the judge requires further confirmation of eligibility.

A key procedural step involves the “Agreed Order of Expunction.” This document must be prepared by the petitioner and signed by all listed law enforcement agencies before it is submitted to the court for the judge’s final approval. The requirement for a court hearing and the need for agencies to sign an “Agreed Order” before judicial approval indicate that expunction, despite its “fresh start” purpose, is not a mere formality. Instead, it involves a judicial review that balances individual rights with institutional oversight, ensuring that expunction is granted only when all legal and procedural requirements are met and the state’s interests are not unduly compromised.

Post-Order Procedures and Timelines for Record Removal

Once the judge signs the expunction order, the court is responsible for circulating it to all relevant agencies. However, the process does not conclude immediately. It typically takes a minimum of three months for an expunction order to become final, and often longer due to administrative backlogs, particularly with the Texas Department of Public Safety (DPS), which serves as the central clearinghouse for criminal records. The historical challenge of slow processing times and limited record retention for expunction orders highlights a systemic bottleneck that previously undermined the practical benefit of expunction.

To address these issues, recent changes introduced by C.S.S.B. 1667 (effective September 1, 2025) aim to improve efficiency. Clerks will be allowed to retain expunction orders indefinitely, ensuring petitioners can obtain copies if needed, thereby addressing the previous one-year retention limit that often forced individuals to restart the process if they lost their original order. Additionally, the bill aims for faster processing times through the implementation of a more efficient digital system. These legislative actions demonstrate a commitment to making the expunction process more practically viable and sustainable for individuals, moving beyond just defining the right to expunction to actively facilitating its effective implementation.

Legal Effects and Practical Implications of Expunction

The successful expunction of a criminal record carries significant legal and practical implications, fundamentally altering an individual’s public criminal history and their ability to move forward.

Impact on Background Checks (Public vs. Governmental Access)

Once a record is expunged, it should not appear in background checks conducted by private entities such as employers, landlords, or financial institutions. The judge’s order mandates all governmental agencies to completely erase the record for that specific allegation. This is a powerful aspect of expunction, designed to remove barriers to employment, housing, and financial stability.

However, it is important to note a critical limitation: some federal agencies, such as the Department of Homeland Security, may still retain knowledge of the expunged crime. This distinction between state-level expunction and federal access reveals a tension between individual rehabilitation and the state’s need for comprehensive information, particularly at the federal level. State expunction orders do not bind federal agencies, creating a persistent “shadow record” for certain purposes (e.g., immigration, federal employment). This is a significant limitation on the “as if it never occurred” principle and a crucial point for individuals to understand when considering federal applications.

Right to Deny Arrest and Expunged Offenses

A significant benefit of expunction is the legal right it grants an individual to deny that they were ever arrested, charged, prosecuted, or jailed for the expunged offense. This ability to truthfully deny the event is a cornerstone of expunction’s rehabilitative power. This denial can be made on various applications, including those for employment, school, or military service, and even under oath in civil proceedings.

There is one key exception: in a criminal proceeding, a person must acknowledge the expunction order by stating that the matter has been expunged. This exception reflects the state’s overriding interest in maintaining accurate internal records for ongoing justice administration. The court system needs to know an individual’s full history when administering justice for new offenses, even if past records are publicly expunged. This balance demonstrates the law’s attempt to provide a fresh start without compromising the integrity of the criminal justice system.

Importance of Legal Counsel

The expunction process is highly complex, involving specific legal requirements, forms, and procedures. Mistakes in eligibility determination, petition preparation, or agency notification can lead to the denial of the expunction.

Critically, a denied petition can result in the loss of filing fees and, more importantly, the loss of the right to expunge that specific case in the future, even if it later becomes eligible. This is often referred to as the “one shot” rule. The “one shot” rule imposes a high penalty for procedural errors, reinforcing the practical necessity of legal expertise and potentially creating an inequitable system where access to justice depends on a petitioner’s ability to navigate complex legal minutiae flawlessly. Given these high stakes,legal professionals are strongly recommended to ensure proper eligibility assessment, accurate documentation, correct filing, and comprehensive agency notification, significantly increasing the chances of a favorable outcome.

Recent Legislative Changes and Future Outlook (Effective 2025)

Texas expunction law is undergoing a significant transformation, with key legislative changes set to take effect in 2025. These updates aim to modernize the process, expand eligibility, and improve efficiency, reflecting an evolving societal understanding of the long-term impact of criminal records.

Overview of House Bill 4504 and Chapter 55A

House Bill 4504 (HB 4504) represents a fundamental revision of the Texas Code of Criminal Procedure, with substantial changes impacting the expunction of criminal records, effective January 1, 2025. This bill repeals the old Chapter 55 and replaces it entirely with the new Chapter 55A. Expunction of Criminal Records. This legislative shift towards expanded eligibility and automatic expungement, particularly for dismissed cases and acquittals, signals a policy pivot towards proactively clearing records for individuals who were not convicted, reducing the burden on petitioners and streamlining the “fresh start” process.

Key updates introduced by HB 4504 and Chapter 55A include:

  • Expanded Eligibility: More misdemeanor offenses are now eligible for expungement. Additionally, certain non-violent felony offenses may now qualify for record sealing under specific conditions.
  • Automatic Expungement: A significant new development is the introduction of automatic expungement for some dismissed charges and cases resulting in acquittal, meaning these records will be removed from an individual’s history without requiring a formal petition. This is a major departure from the previous system where a petition was always required, indicating a legislative recognition that for clear-cut non-convictions, the state should take the initiative to clear records.
  • Reduced Waiting Periods: In some cases, the waiting periods for expungement applications have been reduced, although specific details on which waiting periods are affected are not fully elaborated in the available information.
  • Faster Processing Times: The Texas court system has implemented a more efficient digital processing system, aiming to reduce the time it takes for an expungement request to be approved.

Impact of C.S.S.B. 1667 (Effective September 1, 2025)

Complementing HB 4504, C.S.S.B. 1667, effective September 1, 2025, further aims to modernize the expunction process by improving administrative efficiency and access. This bill’s focus on administrative and logistical improvements demonstrates a legislative commitment to addressing the practical friction points in the expunction process, ensuring that the legal right is supported by efficient procedural mechanisms.

Key provisions of C.S.S.B. 1667 include:

  • Electronic Service: The bill makes electronic service of petitions and notices free to the filer and requires state and local agencies to accept it whenever possible.
  • Standardized Fees: It establishes a standardized $25 fee per entity for non-electronic service, ensuring more predictable costs for petitioners and aiming to reduce mailing expenses.
  • Indefinite Record Retention: A critical change allows clerks to retain expunction orders indefinitely, ensuring petitioners can always obtain copies if needed. This addresses the previous one-year retention limit, which often forced individuals to restart the expunction process if their original order was lost. The bill also requires the confidential maintenance of mental health orders related to expunctions.
  • Federal Prohibited Person Information: Courts will retain federal prohibited person information regardless of expunction for specific audit and National Instant Criminal Background Check System (NICS) purposes.
  • Streamlined Petition Contents: The bill prohibits listing agencies multiple times or including multiple contacts/addresses for different divisions within the same agency, aiming to reduce redundancy in the petitioning process.

Implications for Petitioners and the Legal Process

These legislative updates, particularly the combined effect of HB 4504 and C.S.S.B. 1667, signify a comprehensive legislative push to enhance access to justice and rehabilitation through record clearance. They reflect an evolving societal understanding of the long-term impact of criminal records on individuals’ lives.

The updates aim to make it “easier than ever to clear your record in Texas”. Expanded eligibility and the introduction of automatic expungement mean that a greater number of individuals may now qualify for a fresh start. Streamlined procedures, reduced filing fees, and faster processing times are intended to lessen the burden and waiting periods for petitioners. However, despite these improvements, the expunction process remains complex, and legal guidance is still strongly recommended to navigate the intricacies and ensure successful record clearance.

The table below provides a comparative overview of the key changes to Texas expunction law:

Area of ChangePre-2025 (Chapter 55)Post-2025 (Chapter 55A/HB 4504 & C.S.S.B. 1667)
Governing StatuteChapter 55 Code of Criminal ProcedureChapter 55A Code of Criminal Procedure
EligibilityMore restrictiveExpanded, more misdemeanors/some non-violent felonies
Automatic ExpungementNo automatic expungementYes, for certain dismissed cases/acquittals
Processing TimeManual, often slowFaster digital processing
Filing Fees/ServiceVariable, often high mailing feesElectronic service free, $25 for non-electronic
Record RetentionLimited (60 days-1 year)Indefinite retention

Common Misconceptions and Important Considerations

Despite the legal provisions for expunction, several common misconceptions persist, highlighting the need for clear information and careful navigation of the process.

Automatic Expungement Myth

A widespread misconception is that criminal records are automatically expunged after a certain period or upon dismissal of a case. This is generally untrue; arrest records typically remain on an individual’s criminal background unless and until a petition for expunction is formally filed and granted by a court. While recent changes introduced by HB 4504 effective 2025 will introduce some automatic expungement for specific dismissed cases or acquittals, this is a new development for certain cases and not a universal rule. The general principle remains that proactive action is required to clear a record. The persistence of this myth, despite the legal reality, highlights a significant public information gap that the new automatic expungement provisions aim to bridge, albeit for a limited scope of cases.

Dismissed Cases Still Appear on Records

Even if a criminal case is dismissed, the associated arrest record will still appear on criminal background checks conducted by the Texas Department of Public Safety (DPS) and subsequently disseminated to third-party services. This reality underscores the severe collateral consequences of even a non-conviction, reinforcing the critical need for expunction to truly achieve a “fresh start” in practical terms. Many individuals mistakenly believe that a “dismissed” case means it is “gone” from their record. However, the arrest itself remains visible, which can pose significant hurdles for individuals seeking employment or housing. This necessitates expunction even for dismissed cases to truly clear the record from public view.

Waivers of Expunction

In some instances, particularly during plea negotiations, an individual may sign a waiver of expunction. This can make obtaining an expunction more difficult in the future. The existence of expunction waivers in plea agreements suggests a potential tension between the state’s interest in plea efficiency and an individual’s long-term rehabilitation prospects. While signing such a waiver does not necessarily render expunction impossible, it complicates the process. An attorney familiar with such waivers can explore available avenues for relief , emphasizing the critical role of defense counsel in advising clients on these long-term consequences.

“One Shot” Rule for Expunction Petitions

A critical consideration for petitioners is the “one shot” rule: an individual typically has only one opportunity to obtain an expunction for a specific case. If a judge denies a petition due to an error in the filings, an inaccurate eligibility date, or because the case does not yet qualify (e.g., still within the statute of limitations), the petitioner may permanently lose the right to expunge that specific case in the future, even if it subsequently becomes eligible. This rule imposes a high penalty for procedural errors, reinforcing the practical necessity of legal expertise and potentially creating an inequitable system where access to justice depends on a petitioner’s ability to navigate complex legal minutiae flawlessly. This unforgiving aspect of the process highlights the critical importance of accuracy and legal expertise in the filing process.

Conclusion

The current expunction law in Texas, particularly with the significant legislative changes taking effect in 2025, represents a dynamic and evolving framework designed to offer individuals a pathway to a fresh start. Expunction provides the most comprehensive relief, aiming for the complete erasure of eligible criminal records, allowing individuals to legally deny past arrests. This stands in contrast to nondisclosure, which seals records from public view but retains access for law enforcement and specific governmental entities.

The transition from Chapter 55 to the new Chapter 55A of the Code of Criminal Procedure, driven by House Bill 4504, signifies a proactive legislative effort to modernize and streamline the expunction process. This includes expanded eligibility for more misdemeanor and certain non-violent felony offenses, the introduction of automatic expungement for specific dismissed cases and acquittals, and reduced waiting periods. Complementary legislation like C.S.S.B. 1667 further enhances efficiency by standardizing fees, promoting electronic service, and ensuring indefinite retention of expunction orders. These combined changes reflect a broader policy goal of reducing barriers to employment, housing, and social reintegration for a larger segment of the population, acknowledging the significant impact of criminal records on individuals’ lives.

Despite these advancements, the expunction process remains inherently complex. The stringent eligibility criteria, the precise procedural requirements, and the “one shot” rule for petitions underscore the critical importance of legal counsel. While the state is moving towards a more accessible system, navigating the intricacies of the law effectively still necessitates specialized knowledge to ensure successful record clearance and avoid irreversible procedural missteps. The ongoing evolution of Texas expunction law demonstrates a continuous effort to balance individual rehabilitation with the state’s need for public safety and administrative integrity.

For More Information See:

  1. General Information – Expunctions & Nondisclosure Orders – Texas State Law Library, https://guides.sll.texas.gov/expunctions-and-non-disclosure
  2. www.fortbendlibraries.gov, https://www.fortbendlibraries.gov/sites/default/files/2020-09/4.%20Expunctions%20and%20Nondisclosures%20in%20Texas%20%282015%29.pdf
  3. CODE OF CRIMINAL PROCEDURE CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS – Texas Statutes, https://statutes.capitol.texas.gov/docs/CR/htm/cr.55.htm
  4. CODE OF CRIMINAL PROCEDURE CHAPTER 55A. EXPUNCTION …, https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=55A
  5. CODE OF CRIMINAL PROCEDURE CHAPTER 55A. EXPUNCTION OF CRIMINAL RECORDS – Texas Statutes, https://statutes.capitol.texas.gov/Docs/CR/pdf/CR.55A.pdf
  6. How Do I Expunge My Record? – Texas Senate, https://senate.texas.gov/members/d23/pdf/ExpunctionsAndTexasLaw.pdf
  7. Expunction Petition – Arrest Records (Chapter 55) – Texas Justice Court Training Center, https://www.tjctc.org/.assets/texas-justice-court-training-center/texas-justice-court-training-center/updated-forms/criminal-procedure-forms/Petition%20-%20Expunction%20of%20Arrest%20Records%20Chapter%2055
  8. Filing a PRO SE Expunction – City of Houston, https://www.houstontx.gov/police/expunction/
  9. Expunction & Nondisclosure – Commonly Requested Legal Forms – Texas State Law Library,https://guides.sll.texas.gov/legal-forms/expunction-nondisclosure
  10. capitol.texas.gov, https://capitol.texas.gov/tlodocs/89R/analysis/html/SB01667S.htm
Accidents on icy roads in Texas with text overlay "Accidents on Icy Roads: Who is Liable?" and HLAW logo in the corner.

Accidents on Icy Texas Roads: Who is Liable?

ByCar Wreck

Accidents on icy roads with blurred highway background and text "Accidents on Icy Roads: Who is Liable?" highlighting personal injury risks in Texas.When we think of extreme weather in Texas, we generally think of severe thunderstorms, hail, wind, and tornados, but, as we have learned, ice and snow storms can be just as dangerous and deadly. There’s also a human factor when snow and ice hit Texas that increases the likelihood of severe injuries and even death for the untrained, inexperienced, and careless driver.

A Federal Highway Administration report states that on average, icy roads cause 151,944 vehicle accidents, 38,770 crash injuries, and 559 crash fatalities a year. These ice-related accidents produce roughly 11% of all weather-related accidents in the country. This is alarming because it shows how dangerous icy roads can be, but it should also alert you to the possibility of personal injury or property damage if you decide to drive in icy conditions.

Icy Roads in the Texas News

The Basics of Negligent Driving in Texas

In the simplest form, negligence involves:

  • A duty to a person (the duty to be a careful, safe driver);
  • A breach of that duty (driving too fast, etc); and
  • That breach causing damages to another person (property damage, injuries, or death caused by a car accident).

Every driver has a basic duty to other drivers to drive safely and not collide with anyone. This requires them to drive as a reasonably prudent person would drive in the given situation. When they breach that duty, or collide with another person or vehicle, they may be liable for the physical or financial damages they caused. But what if the roads were icy and the driver lost control?

Ice is NO Defense to an Accident! | Liability for Accident and Injuries in Winter Conditions

Drivers are expected to take note of weather and road conditions and adjust their driving accordingly. When the temperatures are near or below freezing and precipitation is present, there is a strong possibility of ice on the roads. Because a driver should know of the chance of icy conditions, they should drive as a reasonably prudent person would drive on icy roads.  Blaming the ice will not work if the driver crashes into another car on the road.

Precautionary Measures for Driving in Icy Weather | Driving in Texas in the Winter

When there may be ice on the roads, you should take precautionary measures when driving:

  • Don’t drive unless you have to;
  • Follow your local news or go to drivetexas.org* to get updates on road conditions;
  • Drive below the speed limit;
  • Do not get distracted from the road; and
  • Avoid hills, bridges, and low spots if you can.

If you are hit by a driver who was driving in icy conditions, even if they lost control, they may be liable for negligently driving. You should contact your attorney with the accident report and any other information from the accident to help work through your options.

For more winter weather driving tips, click here.

*drivetexas.org is run by the Texas Department of Transportation who also posts on social media outlets.

Statute of Limitations for Texas criminal offenses with hourglass graphic and Howard Lotspeich Alexander & Williams, PLLC logo.

Statute of Limitations in Texas | How Long Does the State Have to Bring Charges?

ByCriminal Defense

How Long Does the State Have to Bring a Criminal Case Against Me?

Statute of limitations graphic featuring an hourglass, text reading "Statute of Limitations for Texas Criminal Offenses," and the logo of Howard Lotspeich Alexander & Williams, PLLC.Texas law sets out the statute of limitations, the period during which formal charges must be brought against a defendant for most offenses. These time periods range from two years to over twenty years, and for some offenses there is no limitation period at all. The applicable limitation period depends on the particular offense that is alleged.

The various statutes of limitation mean that the state must present an indictment or information within said time period or prosecution will be time barred. The presentation of an indictment occurs when the grand jury has made its decision and the indictment is received by the court. Tex. Code Crim. Proc. Ann. Art. 12.06. The presentation of an information occurs when it has been properly filed in court. Tex. Code Crim. Proc. Ann. Art. 12.07. The limitations period is tolled while the case is pending after an information is filed or indictment issued. Tolling means that the time will not be counted against the limitations period.

Generally, the time period is measured based on the date the offense was committed. When computing the time period, the day on which the offense was committed and the day on which the charge was presented are excluded. Tex. Code Crim. Proc. Ann. Art. 12.04. Thus, the clock starts running the day after the offense was committed and is paused when the indictment or information is presented. Additionally, any time the defendant was absent from the state is excluded when computing the time period. Tex. Code Crim. Proc. Ann. Art. 12.05(1).

What Are the Time Periods in the Texas Statutes of Limitations?

TEXAS PERIODS OF LIMITATIONS FOR MISDEMEANOR OFFENSES

Texas law provides that for most misdemeanor offenses there is a standard period of limitations of two (2) years. Tex. Code Crim. Proc. Ann. arts. 12.02. The only exception is for Assault Family Violence allegations, for which the limitation period is 3 years. Thus, for any given misdemeanor charge, the State must bring prosecution within two years from the commission of the crime (or 3 years if the allegation is one of family violence).

TEXAS PERIODS OF LIMITATIONS FOR FELONY OFFENSES

There are several periods of limitations provided for the various felony offenses, as well as a catch all time period of three years for all other felonies not specifically provided for. Tex. Code Crim. Proc. Ann. art. 12.01(7). See the chart below for the time period provided for certain major felony offenses.

PERIOD OF LIMITATIONSFELONY OFFENSE
(A) Five Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(4).

  • Theft or Robbery,
  • Kidnapping or Burglary (except as provided in (E)),
  • Injury to Elderly or Disabled (unless 1st Degree),
  • Abandoning or Endangering Child, and
  • Insurance Fraud
(B) Seven Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(3).

  • Money Laundering
  • Credit Card or Debit Card Abuse
  • Medicaid Fraud
  • False statement to obtain property or credit; and
  • Fraudulent Use or Possession of Identifying Information
(C) Ten Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(2).

  • Theft of any estate by an executor, administrator, guardian, or trustee
  • Theft by a public servant of government property
  • Forgery or uttering, using, or passing of a forged instrument
  • Sexual assault (except as provided in (F)),
  • Injury to an elderly individual or disabled individual (if punishable as a first degree felony), and
  • Arson
(D) Ten Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(6).

  • Injury to a Child
(E) Twenty Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(5).

  • Sexual Performance by a Child younger than 17
  • Aggravated Kidnapping with intent to sexually abuse a victim younger than 17, and
  • Burglary of a Habitation with the intent to sexually abuse a victim younger than 17
(F) No Time Limitation

 

See Tex. Code Crim. Proc. Ann. art. 12.01(1).

  • Murder or Manslaughter
  • Leaving the Scene of an Accident which Resulted in Death
  • Indecency with a Child
  • Sexual Assault or Aggravated Sexual Assault of a Child
  • Continuous Sexual Abuse of a Child
  • Sexual Assault if DNA testing indicated that the perpetrator’s identity could not be readily determined
  • Sexual Assault if there is probable cause to believe that the defendant has committed the same or similar offense against 5 or more victims
(G) Three Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(7).

  • All other Felonies.
  • Misdemeanor Assault Family Violence.

Periods of Limitations for Aggravated Offenses, Attempt, Conspiracy, and Solicitation

The limitation period for criminal attempt is the same as provided for the offense attempted. Tex. Code Crim. Proc. Ann. art. §12.03(a). Additionally, the limitation period for criminal conspiracy or organized crime is that of the most serious offense that is the subject of the conspiracy or organized crime. §12.03(b) Further, the limitation period provided for criminal solicitation is the same as the period of the felony solicited. §12.03(c). Finally, an aggravated offense has the same period of limitation as provided for the primary crime. §12.03(d)

In conclusion, these limitations are set out to protect defendants from having to face charges where evidence is stale and witnesses are unavailable due to the long period of time the State has waited to bring prosecution. The Texas Code of Criminal Procedure is very specific in how it has laid out the periods of limitations so that there will be no question as to the time period for a particular offense and how that time period should be computed.

*Note: The above provided chart is not all-inclusive but instead focuses on only some of the major felony offenses. An exhaustive list can be found in Section 12.01 of the Texas Code of Criminal Procedure.

DWI guidance graphic with text "What to Do If You Are Stopped for DWI," featuring a police car's light, relevant to legal representation by Howard Lotspeich Alexander & Williams, PLLC.

Do’s and Don’ts When You’re Pulled Over for a DWI

ByDWI

DWI tips graphic with blue and red police lights, text reading "DWI WHAT TO DO IF YOU ARE STOPPED FOR DWI," featuring Howard Lotspeich Alexander & Williams, PLLC logo for legal guidance on DWI stops in Texas.Finding those blue and red lights in your rearview mirror is never ideal. If it’s a DWI stop, it can feel like your heart is racing twice as fast. But while the nerves are understandable, the key here is knowing what to do—and maybe more importantly, what not to do. Let’s dive into a few tips that might make a difference if you find yourself in this situation.

Stay Calm and Collected if Stopped for DWI

Do: Breathe. Take a moment, gather your thoughts, and remember that keeping calm can really help. When the officer approaches, be respectful and polite. A calm demeanor doesn’t mean you’re admitting guilt; it simply shows maturity and may influence how the officer views you. Even if your pulse is racing, a little “fake it till you make it” can go a long way.

Don’t: React emotionally or aggressively. Panicking or being rude won’t help. It could even escalate the situation. The officer is there to do their job, and unfortunately, this may involve some tough questioning. But stay focused—cool and collected is the goal.

Comply with Basic Requests, But Know Your Rights

Do: Hand over your license, insurance, and registration when asked. This is standard procedure, and providing these essentials without fuss can keep things running smoothly.

Don’t: Overshare. Remember, officers will often ask questions about where you’ve been or how much you’ve had to drink. It may seem like casual conversation, but it’s often their way of gathering information. Instead of diving into a full recap of your evening, keep it simple and to the point. You don’t have to answer beyond basic questions, so politely decline to offer additional details if you feel uncomfortable.

Field Sobriety Tests – The Art of the Polite Refusal

Do: Know your right to say “no.” Field sobriety tests, like the “walk and turn” or the “one-leg stand,” are voluntary in Texas (unless you’re on probation). Politely refusing can be a smart move, as these tests are designed in a way that even sober people can struggle with them—stress, nerves, and uneven ground can all affect the results.

Don’t: Feel pressured to go along just because the officer doesn’t explicitly ask if you’re willing to participate. Officers might assume you’ll comply and jump straight into the tests. So, if you’d rather not do them, a simple, “I prefer not to take these tests” can be your best option. Remember, you’re not obligated to help build the state’s case against you.

Breath and Blood Tests – Understanding the Consequences

Do: Know what’s at stake. Breath and blood tests fall into a slightly different category. In Texas, refusing a breath or blood test can have immediate consequences, like a license suspension, but it’s still within your rights unless an officer presents a warrant.

Don’t: Refuse if a valid warrant is presented. If an officer has obtained a warrant for a blood test, you’re legally required to comply. Failing to do so could lead to additional legal trouble, which might make a bad situation worse. Think carefully, and when in doubt, ask for clarity.

Remain Silent Beyond Basic Information

Do: Use your right to remain silent wisely. Beyond providing identification, you’re not obligated to answer detailed questions. Many people feel the need to explain themselves in these situations, but even seemingly innocent statements could later be used as evidence.

Don’t: Spill the details of your evening. This isn’t the time for full transparency about how much you had to drink or why you may look tired. Politely telling the officer, “I’m not comfortable answering that” is within your rights and can help prevent anything being taken out of context later.

Plan Ahead – Use Alternative Transportation

Do: Make a game plan in advance. Look, no one wants to be in a situation where they’re stopped for DWI. Using rideshare options like Uber or Lyft can save a lot of trouble and maybe even a lot of money. If there’s even a slight chance that you’re over the limit, it’s best to leave the car keys behind.

Don’t: Wait until it’s too late. Last-minute decision-making is stressful, and being proactive is way easier than facing DWI charges. Think of it as a minor investment in your peace of mind—and definitely cheaper than the potential costs of a DWI.

Wrap-Up: Staying Smart and Safe on the Road

Getting pulled over is never a pleasant experience, especially when a DWI is involved. The best steps are often the simplest: stay calm, comply with basic requests, know your rights, and remember the power of a polite refusal. Ultimately, avoiding this situation by planning ahead—calling that Uber—is the smartest move you can make. But if it ever does happen, hopefully, these do’s and don’ts will guide you through with confidence.

Here’s to making smart choices and staying safe on the road.

2024 HLAW Scholarship Winners logo featuring a gold number one, laurel wreath, and a red ribbon with the word "WINNER."

2024 Scholarship Winners

ByScholarship

Barnett Howard & Williams PLLC Announces the Recipients of the 2024 Scholarship Awards

2024 Scholarship Winners emblem featuring a laurel wreath and a red ribbon, highlighting "Winner" and "HLAW Scholarship Winners," representing Howard Lotspeich Alexander & Williams, PLLC's commitment to supporting military veterans and their dependents.BHW is thrilled to continue our two scholarships for 2024. In honor of the sacrifices of our military veterans, our scholarships are connected to military service. The first scholarship is a $500 award for a Military Veteran Law Student and the second scholarship is a $500 award for a Military Dependent undergraduate student. Throughout the year, we received many applications from very deserving students. We appreciate all of the students that took the time to apply for the scholarships and wish them all the best in their studies. For those students that were not selected, we invite you to apply again next year as we plan to continue the scholarship offers as an annual award.

2024 Winner – Military Veteran Law Student Scholarship

The winner of the 2024 Military Veteran Law Student Scholarship is:

DERRICK BRANTLEY

Derrick Brantley is a U.S. Army infantry veteran that served in both Iraq and Afghanistan. Mr. Brantley currently attends Dwayne O. Andreas School of Law – Barry University in Orlando, Florida. Congratulations Derrick Brantley. Best wishes as you continue toward your law degree.

2024 Winner – Military Dependent Scholarship

The winner of the 2024 Military Dependent Undergraduate Scholarship is:

SA’NYA POLO

Sa’Nya Polo is a US Army dependent whose parents both served in the US Army and continue to serve as government employees assisting veterans. Ms. Polo currently attends UCLA and is pursuing a degree in film. Congratulations Sa’Nya Polo. Best wishes as you continue in your studies.

More Information About Our Scholarship Opportunities:

For more information about how to apply for these scholarships in future years, please visit the scholarship pages:

Military Veteran Law Student Scholarship

Military Dependent Scholarship

Gavel resting on legal documents labeled "DWI CHARGES" in a courtroom setting, symbolizing the serious legal implications of DWI offenses in Texas.

How a Fort Worth DWI Attorney Can Save Your Future

ByDWI
Gavel resting on legal documents titled "DWI Charges" in a courtroom setting, symbolizing the serious legal consequences of DWI offenses and the importance of legal representation by a Fort Worth DWI attorney.

How a Fort Worth DWI Attorney Can Save Your Future: Expert DWI Defense Lawyer Fort Worth Guidance

Facing a DWI charge in Fort Worth can be a daunting experience, with potential consequences that may impact your future significantly. Understanding the legal landscape surrounding DWI charges is crucial for anyone navigating this challenging situation. This article will explore how a Fort Worth DWI attorney from Howard Lotspeich Alexander & Williams, PLLC (HLAW) can provide essential guidance and representation, ensuring your rights are protected throughout the legal process. We will delve into the nature of DWI charges, the legal penalties involved, and the steps you should take after an arrest. Additionally, we will highlight the importance of seeking professional legal assistance from HLAW, a firm specializing in DWI defense.

What Are DWI Charges in Fort Worth and Texas?

DWI charges, or Driving While Intoxicated, are serious offenses in Texas that can lead to severe legal repercussions. A DWI is defined as operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher. This legal threshold is established to ensure public safety and deter impaired driving. The implications of a DWI charge can be far-reaching, affecting not only your driving privileges but also your personal and professional life.

What Defines a DWI in Texas and Fort Worth?

In Texas, a DWI is characterized by the operation of a vehicle under the influence of alcohol or drugs. The law does not formally distinguish between DWI and DUI; rather, “DWI” is the term used for impaired driving offenses regardless of age. The term DUI is not commonly used in Texas law for adult impaired driving offenses. Understanding this is vital, as the penalties for a DWI conviction are generally severe and apply to all adults.

What Are the Legal Penalties for DWI Offenses in Texas?

Gavel resting on legal documents labeled "DWI CHARGES" in a courtroom setting, symbolizing the serious legal implications of DWI offenses in Texas.

The legal penalties for DWI offenses in Texas can vary based on several factors, including prior convictions and the circumstances surrounding the arrest. Common penalties include:

Penalty TypeDescriptionDuration
FinesUp to $2,000 for a first offenseVaries
Jail Time72 hours to 180 days for a first offenseVaries
License Suspension90 days to 1 yearVaries
Community Service24 to 100 hoursVaries

These penalties can have a lasting impact on your life, making it essential to seek legal representation to navigate the complexities of your case.

How Can a Fort Worth DWI Attorney Protect Your Rights?

A Fort Worth DWI attorney from Howard Lotspeich Alexander & Williams, PLLC (HLAW) plays a crucial role in protecting your rights and ensuring you receive a fair trial. They are equipped with the knowledge and experience necessary to challenge the evidence against you and explore potential defenses.

What Legal Defense Strategies Do Fort Worth DWI Lawyers Use?

DWI lawyers at HLAW employ various defense strategies to protect their clients. Some common approaches include:

  • Challenging the Traffic Stop: If the initial stop was unlawful, any evidence obtained may be inadmissible.
  • Questioning BAC Test Results: Issues with the administration of breath or blood tests can lead to inaccurate results.
  • Proving Lack of Impairment: Demonstrating that the driver was not impaired despite a high BAC reading can be a viable defense.

These strategies highlight the importance of having a knowledgeable attorney from HLAW who can navigate the legal system effectively.

Why Choose Howard Lotspeich Alexander & Williams, PLLC (HLAW) for Your DWI Defense?

Howard Lotspeich Alexander & Williams, PLLC (HLAW) specializes in legal defense services with a focus on DWI cases in Fort Worth, Texas. Our experienced attorneys understand the intricacies of DWI laws and are dedicated to providing personalized legal representation. By choosing HLAW, you gain access to a team that prioritizes your rights and works diligently to achieve the best possible outcome for your case.

What Steps Should You Take After a DWI Arrest in Fort Worth?

After a DWI arrest, it is crucial to take immediate action to protect your rights and future. Here are essential steps to consider:

  • Remain Silent: Avoid discussing your case with anyone except your attorney.
  • Document Everything: Keep detailed notes about the arrest and any interactions with law enforcement.
  • Contact a DWI Attorney: Schedule a consultation with a qualified DWI attorney at HLAW as soon as possible.

How to Schedule a Consultation with a Fort Worth DWI Attorney at HLAW?

Scheduling a consultation with a Fort Worth DWI attorney at Howard Lotspeich Alexander & Williams, PLLC (HLAW) is straightforward. You can typically reach out via phone or through our firm’s website. During the consultation, be prepared to discuss the details of your case and any evidence that may be relevant.

What Immediate Actions Can Help Save Your Future After a DWI Charge?

Taking proactive steps after a DWI charge can significantly impact the outcome of your case. Consider the following actions:

  • Gather Evidence: Collect any relevant documents, such as police reports and witness statements.
  • Contact Witnesses: Reach out to individuals who may have witnessed the incident to gather their accounts.
  • Stay Informed: Educate yourself about DWI laws and potential defenses to better understand your situation.

These actions can help build a strong defense and improve your chances of a favorable outcome.

How Have Recent Texas DWI Law Updates Impacted Defense Strategies?

Recent updates to Texas DWI laws have introduced new considerations for defense strategies. Staying informed about these changes is essential for anyone facing DWI charges.

What Are the Key 2024-2026 Texas DWI Law Changes?

Key changes in Texas DWI laws from 2024 to 2026 include increased penalties for repeat offenders and enhanced enforcement measures. However, as of mid-2024, no specific new legislation with effective dates through 2026 has been enacted that significantly alters DWI penalties statewide. It is important to consult with a qualified attorney at HLAW to understand any local or pending legislative changes.

How Do These Updates Affect Your DWI Case in Fort Worth?

The recent law changes can impact your DWI case in Fort Worth. Understanding these updates allows your attorney at Howard Lotspeich Alexander & Williams, PLLC (HLAW) to tailor defense strategies that align with the current legal landscape, potentially improving your chances of a favorable outcome.

Contact HLAW today for a free case evaluation and consultation.

Texas Standard Possession Order calendar for child custody, featuring BHW Law Firm logo and relevant dates highlighted.

Texas Child Custody: Standard Possession and Visitation in Texas

ByChild Custody

Which Parent Gets Custody? The Standard Possession Order for Child Custody in Texas

Texas Standard Possession Order calendar for child custody, featuring structured visitation schedule and law firm branding for Howard Lotspeich Alexander & Williams, PLLC.When parents in Texas divorce or separate, one of the most important issues they face is child custody. Texas law recognizes two types of custody: physical custody, which refers to where the child lives, and legal custody, which refers to the right to make decisions about the child’s upbringing. In cases where parents cannot agree on custody arrangements, the court may order a standard possession order.

A standard possession order is a court-ordered schedule that determines when each parent will have physical custody of the child. The order is designed to provide regular and predictable time for both parents to spend with the child. In Texas, the standard possession order is governed by the Texas Family Code, and it provides a default schedule that can be modified by agreement of the parties or by the court if certain circumstances exist.

Under the standard possession order, for parents residing within 50 miles of each other, the non-custodial parent (referred to as the “possessory conservator” in Texas) has the right to possession of the child on the first, third, and fifth weekends of each month, starting at the time school is dismissed on Friday and ending at the time school resumes on Monday. In addition, the possessory conservator has the right to possession on mid-week during the school year from the time school is dismissed on Thursday until the time school resumes on Friday morning.

The standard possession order, for parents residing within 50 miles of each other, also provides for the possessory conservator to have the child for 30 days in the summer, which can be broken up into two periods of at least seven days each. The order also provides for the possessory conservator to have the child on alternating holidays, such as Thanksgiving, Christmas, and spring break. The exact dates and times for each holiday are specified in the order.

Printable Standard Possession Order for 2024. CLICK HERE

2024 Standard Possession Order (SPO) calendar for child custody, featuring monthly grids with designated weekends, holidays, and notes on court orders, branded with Howard Lotspeich Alexander & Williams, PLLC logo.

Does the SPO Apply if the Parents Live Too Far Away?

In cases where the parent lives more than 50 miles but less 100 miles apart, the non-custodial parent (referred to as the “possessory conservator” in Texas) has the right to possession of the child on the first, third, and fifth weekends of each month, starting at 6:00 pm on Friday and ending at 6:00 pm on Sunday. In addition, the possessory conservator has the right to possession on Thursdays during the school year from 6:00 pm to 8:00 pm.

In cases where the parents live more than 100 miles apart, the standard possession order provides for additional periods of possession to ensure that the non-custodial parent has meaningful time with the child. For example, the non-custodial parent may have the right to possession on one weekend per month instead of the first, third, and fifth weekends. You
should consult with your family law attorney to determine whether this distance consideration impacts your situation.

Can the Standard Possession Order be Modified?

It’s worth noting that the standard possession order is just that – a default schedule that can be modified by agreement of the parties or by the court. Parents who are able to work together to create a schedule that works for their family may be able to deviate from the standard possession order. However, if the parties cannot agree, the court will likely order the standard possession order.

Overall, the standard possession order provides a predictable schedule for both parents to spend time with the child. While it may not work for every family, it is a useful starting point for parents who are unable to agree on a custody schedule.

An Experienced Divorce and Child Custody Lawyer Can Help Determine When Each Parent Has Possession of Their Child

Most of the time, it is best to contact an experienced family law attorney to help explain and establish each of these possession schedules, including any customizations or unique provisions the court finds to be in the best interest of your child. You are often not limited to the standard and expanded standard schedule above–but you may need an experienced attorney to fight for you to have more time with your child. Let our experienced family law attorneys assist you in discussing this schedule with the other parent and the court. Contact BHW Family Law at (817) 993-9249 for a free consultation of your family law matter.