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Low-level Marijuana Possession No Longer Enforced in Austin

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People have been utilizing marijuana for medicinal purposes for years now, both legally and illegally. A drug charge on your record is never a good thing, especially when it’s for a small amount of pot. Austinites can carry their personal stash safely now that the Austin City Council voted Thursday to end the enforcement of low-level misdemeanor marijuana possession. The move effectively ends criminal action against individuals with small amounts of marijuana while also prohibiting Austin police from pursuing new testing methods to distinguish narcotic marijuana from legal hemp. Police still may issue citations and detain individuals for marijuana possession, as granted under state law. However, police can no longer issue any fines or order court dates for people suspected of low-level marijuana possession, which is fewer than 4 ounces of pot or amounts deemed to be for personal use.

Many have cited this move as an effort to reduce racial discrimination. Speakers in Thursday’s gathering told the council that ending enforcement of small amounts of marijuana was most definitely a racial issue. Data from Austin police revealed that of the 432 marijuana citations issued in 2019, 201 were issued to Hispanics and 163 to African Americans, making up 84% of all citations. Austin police will continue to enforce felony marijuana trafficking offenses as it would require action from the Legislature to completely decriminalize the drug. The only person to speak against the decision was Austin police union President Ken Casaday, who stated limiting police officers’ ability to enforce misdemeanor marijuana offenses would make the city less safe. The Austin City Council disagreed with Casaday as the vote was unanimous and they hope to bring the legalization of marijuana to the Legislature next year.

This is an excellent move for Austin because as minimal as a low-level misdemeanor marijuana possession is, it can be detrimental to your record when applying for jobs and housing. More cities are certain to follow behind Austin’s decision, but for now, a marijuana possession charge, no matter how small, can limit your opportunities. At Easy Expunctions we can help you wipe your record clean and even offer free background checks to get you started. Visit www.easyexpunctions.com to see what charges you have that qualify for expungement. We can work directly with you to clean your record and offer a variety of affordable packages.

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Convictions

What Convictions Cannot Be Expunged in Texas?

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Mistakes happen. Many people have gotten themselves into trouble at some point in time, but that doesn’t mean they deserve to be treated like they are a danger to society. The fact remains that certain criminal charges can change the entire course of your life. A criminal record often serves as a barrier, limiting an individual’s employment, educational, and housing opportunities forever. The severity of the “trouble” determines its impact. In Texas, some convictions can be expunged, or cleared from your criminal record.

However, certain criminal offenses cannot be expunged. These offenses include but are not limited to:

  • Sex crimes
  • Aggravated kidnapping
  • Murder
  • Human trafficking
  • Child endangerment
  • Family violence crimes
  • Stalking

The state of Texas does not allow these kinds of convictions to be expunged from a criminal record, with very few exceptions for minors. Violent, sexual, and child endangerment crimes will show up on a background check for public safety purposes. These types of crimes can’t be hidden because it’s not in the interest of society to remove them from criminal records; in general, offenses that involve children, sexual assault, and violence will stay on your record forever. DWIs are also ineligible for expunction–although they will fall off your DMV record after seven years, they’ll remain on your criminal record.

If your conviction isn’t shown on the list above, and you’re interested in removing it from your criminal record, you can see if you’re eligible for an expunction at easyexpunctions.com.

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Expunctions

5 Major Benefits of Record Expungement

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  1. You can legally and truthfully deny the arrest.

Perhaps the most rewarding part of an expungement is saying that you have never been arrested. It’s a huge relief to live your life as if the whole thing never happened. Everything is restored to the way it was before the arrest, charge, and/or conviction. This brings redemption and closure to those struggling to escape from their criminal past.

  1. You can tell employers that you have no criminal history, expanding your job opportunities.

Almost every employer will run a background check before hiring an applicant, specifically to reveal arrest records and probation status. Luckily, employers and even potential employers are not allowed to ask about an expunged conviction. Additionally, an expunged conviction cannot be used against you when deciding whether or not to hire you. Not that they’ll ever know about it, because an expunged record won’t show up on their background check. Those who have been unemployed with an unclean record will tell you that this is the most valuable benefit of an expunction.

  1. Finding a suitable home will be much easier.

Landlords routinely run background checks on prospective tenants. If they see a conviction or arrest on your record, they may deny you. And if they accept you with an unclean record, they might still consider you an imperfect resident, which may prompt them to charge you a higher rent or a sizably larger deposit.

  1. Your gun rights may be restored.

Federal law prohibits felons from owning guns, but firearm rights may be restored after an expunction. According to the Bureau of Alcohol, Tobacco, and Firearms, “Felons whose convictions have been set aside or expunged, or for which the person has been pardoned or has had civil rights restored” are not considered “convicted.” Without a conviction, there’s nothing prohibiting you from owning a gun.

  1. Your finances will be drastically improved across the board.

It may seem redundant to pay for an expungement to help ease financial burdens, but this is a sound investment in your future. Insurance rates can be affected by criminal history, meaning that your rates can significantly increase with a messy record. Certain loan rates can also be higher based on your past. Additionally, most states ban people with convictions from being eligible for funded public assistance and food stamps. Everybody is entitled to this type of help from the State, should they really need it. Having a clean record will ensure you don’t miss out on public assistance.

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Criminal Records

The Most Common Crimes in Texas

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Thanks to the latest information from the FBI’s Uniform Crime Reporting Bureau, there is access to information about different crime rates in Texas. Since 2012, Texas’s general crime rate has dropped by 3%, which on face value seems like a significant accomplishment.

However, these statistics don’t tell the full story behind criminal activity in Texas. Although the per-capita rate of criminal activity has been decreasing, the number of crimes being committed is in the state is increasing every year. This means that Texas is experiencing more crimes despite having fewer offenders.

Because the overall crime rate in Texas is going down, it gives the impression to local residents that Texas is becoming a safer place to live. These statistics and information can be misleading, however, as Texas is still experiencing a rise in the volume of crimes committed in the state.

Even Steven McCraw, the Department of Public Safety Director recognizes the significance of the growing volume of crime and is urging lawmakers to take steps towards criminal justice reforms that intend to decrease the number of arrests in Texas.

“While we are pleased that the overall index crime rate has decreased somewhat over the last year, it is concerning that at the same time Texas experienced an increase in the actual number of violent crimes,” said Department of Public Safety Director Steven McCraw.

As a legal practitioner, I read through several cases on my desk every day, and most of the crimes have fairly similar trends. There are a few crimes that I see appearing often, and these crimes can easily be avoided or properly managed once legal proceedings are over.

Some legal issues I commonly deal encounter with my clients includes:

  • DUI’s
  • Larceny
  • Burglaries
  • Motor vehicle theft
  • Drug Abuse
  • Robbery
  • Aggravated Assault

These are all offenses that can be avoided by acting responsibility and in accordance with the law. However, if you find yourself involved in a case facing a charge similar to the ones listed above, EasyExpunctions.com provides the necessary tools to get your criminal record cleared and sealed after your trial is over. With our cutting-edge online service, you are just a few clicks away from cleaning up your criminal record and hiding your charges from public view.

Although general crime rates in Texas are going down, many specific offenses, such as drug abuse, robbery, and motor vehicle theft, have crime rates that are steadily rising. It is essential that law enforcement officials focus their time and energy in solving these critical legal cases instead of chasing small-time offenders.

What’s important to note is that these cases come at no small cost to court systems. Drug abuse violations alone cost Texas $1.5 million in arrests and court proceedings annually. Courts are being overwhelmed by the influx of charges. At the same time, prisons are facing severe overcrowding, and law enforcement officials have to spend their time and resources pursuing small-time offenders, which puts a burden on taxpayer dollars and distracts focus from more serious crimes.

A clear criminal record empowers you. If a past mistake is holding you back, Easy Expunctions can help. For more information about our record-clearing packages, visit our website at EasyExpunctions.com, or give us a call at (877) 890-5081.
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