Exploring Criminal Justice in Texas: Insights from Trey Porter

Exploring Criminal Justice in Texas: Insights from Trey Porter

In this exclusive interview with Lawyer Monthly, we sit down with Trey Porter, founder of Trey Porter Law, to explore his background and his motivations for specializing in criminal defense. Trey shares how his deep-rooted passion for justice – fueled by a family legacy – drives his practice today. He discusses the intricacies of criminal law in Texas, including his expertise in sentencing and secrecy, and provides insight into how individuals can successfully navigate the complexities of expunging their criminal records.

Can you tell us about your background and what led you to specialize in criminal law?

I believe that protecting the constitutional rights of a guilty person ultimately protects the constitutional rights of the innocent person. No area of ​​law has more at stake than criminal defense. In Texas, You can face a year in prison for a first offense. This is crazy! But that's the law. When I was a child I didn't like bullies in the playground, and I don't like bullies in the form of prosecutors in the courtroom today. It has always been important to me to protect my clients' rights while giving them the upper hand.

My great-grandfather was born in rural East Tennessee in 1900. He left his family farm as a teenager and eventually became a litigator. He represented everyone from moonshiners to ministers, and he inspired me at a young age to stand up for the accused citizens.

Texas super lawyer

How long have you been practicing criminal law in Texas and what has your career been like?

I have been practicing law for 12 years. Over the last decade, I have had the privilege of representing people throughout the Lone Star State. From the crowded courtrooms in major cities to the charming old courthouses scattered across the vast expanse of Texas. I have advocated for everyone from professional athletes to high school coaches, veterans, oilfield workers, lifelong Texans and those just passing through our big, beautiful state.

Every case is different, but my goal is always to provide my client with the best possible result. To help. To advise. To win. Prosecutors always have a big advantage, and unfortunately the presumption of innocence is not always assumed. As a criminal defense attorney, I stand up for my clients. To stand up for a level playing field, to advocate vigorously for someone, and to truly fight for someone, knowing that my efforts can make even the smallest difference in their life – for the rest of their entire life – is a huge commitment. I enjoy it, I take it seriously and I'm grateful that I get to do the work every day.

Exclusion and secrecy

What are the key differences between exclusion and nondisclosure in Texas, and how does a client determine which option is best for their situation?

Expulsions in Texas clear criminal records. Expungement is an effective legal process in which a judge orders any government agency in possession of criminal records to delete those records.

This process includes both the arrest and court records. Once a deletion is successfully performed, the incident will be completely gone. The record of the deletion itself doesn't even exist.

Nondisclosure orders seal the records but do not delete or remove them. So Expungement is undoubtedly the best and most effective of the two.

Under Texas law, a person can only qualify for one or the other. There is no crime in Texas that can be both eradicated and kept secret. The main difference between the two is that sealed records remain accessible to law enforcement forever and can be used against an individual in subsequent criminal prosecutions and professional background checks for certain government or government-related entities. Deleted records, on the other hand, are deleted and are gone forever.

Criminal record

What are the most common misconceptions people have about expunging or sealing their criminal records in Texas?

The most common misconception about expunging or sealing criminal records is that it happens automatically. I talk to people every week who are shocked to learn that dismissed charges are not automatically removed after a certain period of time. Likewise, people with old convictions, typically misdemeanors, often believe that these charges will “go away from the record” after a certain number of years.

Criminal records are permanent in Texas. Even if a person wins a lawsuit, The recording is publicly available forever. Expungement is the only way to completely expunge arrest and prosecution records in Texas.

Administrative offenses versus felony charges

Can you explain the eligibility criteria for record expungement and sealing in Texas, particularly for those charged with misdemeanors or felonies?

Eligibility for dismissal is determined primarily by the adjudication of a person's case. For example, misdemeanor and felony charges that resulted in discharge without parole generally become eligible for discharge after the statute of limitations has expired. If a person wins a lawsuitYou are immediately entitled to deletion – but you must proactively submit an application to the court. It's not automatic.

misdemeanors and felonies The charges were ultimately dismissed after a deferred adjudication are not entitled to a citation in Texas. Class C misdemeanors are the exception in Texas: Individuals receiving a deferred disposition release may apply for release six months from the date of the offense.

The criteria for secrecy eligibility in Texas are more complicated. Many crimes can be sealed after successfully completing the Deferred Adjudication process, but not all. Eligibility for secrecy in Texas is further limited by a person's overall criminal history. Suffice it to say that it is complicated and it is always best to consult an expert.

Current Texas Legislation

How does recent legislation in Texas impact the process of expunging a criminal record, particularly for nonviolent offenders?

Recent Texas legislation has given tens of thousands of people with old criminal records the opportunity to have their records sealed through confidentiality orders. Known as the Texas Second Chance Law, this law allows people accused of certain offenses, such as driving under the influence, to have their records sealed upon successful completion of probation, provided a number of requirements are met. It is noteworthy that the law applies retroactively and therefore applies to convictions that are decades old. This gives people a second chance at career advancement by having a clean record again.

Judicial challenges

What challenges do you commonly encounter when applying for an expungement or nondisclosure order, and how do you overcome these obstacles?

Eligible applicants are legally guaranteed exclusion. That means if you qualify, you'll get one. So the biggest challenges in expunging records in Texas are locating old records and working with the courts to process their records in a timely manner.

The right to secrecy is differentiated. Of course, this occasionally leads to disagreements with law enforcement over eligibility. Aside from educating prosecutors about the Texas Government Code, the biggest obstacle to secrecy is convincing a judge. In contrast to exclusion clauses, confidentiality obligations are not required by law. In Texas, a judge is tasked with making a subjective decision about what is in the best interest of justice when deciding whether to file a nondisclosure order.

My team successfully overcomes these obstacles by drawing on our extensive experience in these areas of law and leveraging the important relationships we have worked hard to build throughout Texas.

Path to a better life

Can you share a success story where you helped a client clear their criminal record and what impact did it have on their life?

Every punctuation is a success story. Because criminal records are public records, expunging and sealing them is a groundbreaking and impactful event. Deletion has the practical, real-world effect of enabling career advancement and providing people and their families with a path to a better life. From a personal perspective, expositions have the mental and emotional effect of closing the chapter and turning the page on a unique mistake and low point in a person's life.

Likewise, expunging criminal records has a positive impact on life. Confidentiality is most effective for our clients operating in the private sector. Private companies will no longer be able to access the records after a nondisclosure order is successfully obtained, and the records will be removed from county and court websites. This allows business professionals to proceed with confidence and put a one-time mistake in the rearview mirror.

Time is of the essence

What advice would you give to someone just beginning the process of expunging or sealing their criminal record in Texas? What steps should you take before contacting a lawyer?

The two most important pieces of advice I give to anyone thinking about expunging or sealing their record is: Do it now and make sure it's done right. Acting immediately as soon as the requirements are met is a smart move because you never know when an opportunity will arise that requires a clean file. Working with an experienced one Texas Expungement Attorney It is crucial to ensure that the process is carried out correctly. We regularly have people call our office seeking help from a real lawyer after an Internet company that offers cheap terminations makes a mistake. Explanations delete records – and sometimes an error cannot be corrected afterwards.

Clean records are the best records! Do it no matter what happens. Do it now and make sure it's done right the first time.

Trey Porter is a Texas criminal defense attorney known for his forceful courtroom advocacy and track record of winning cases. Mr. Porter has successfully resolved thousands of criminal cases ranging from DWI to DUI manslaughter and is an authority in the legal community, recognized by SuperLawyers, the National Trial Lawyers Association and Forbes. Mr. Porter leads a team of high-caliber professionals with impressive criminal justice experience, an unwavering commitment to customer service, and a hard-earned reputation for success throughout Texas.

Contact:
Tel: (855) 336-5366
www.dwilawyerstexas.com