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San Antonio Law Blog

Is clearing my criminal record an option? P.2

In our last post, we began discussing how many individuals who have experienced temporary lapses in judgment or who were simply in the wrong place at the wrong time may see many aspects of their everyday lives limited thanks to a permanent criminal record.

We also discussed, however, how certain individuals in this unfortunate situation might be able to secure a fresh start via an expunction, which removes all information relating to an arrest, charges or conviction from a person's permanent criminal record. 

Is clearing my criminal record an option?

While all of us have experienced momentary lapses in judgment that cause us to take actions that we will later question, these actions are typically embarrassing at worst. However, for some people, these actions are more than just cringe-worthy, they are actually criminal in nature, resulting in an arrest, formal charges being filed and possibly even a conviction.

The unfortunate reality is that even after an otherwise law-abiding citizen has paid their debt to society for their momentary lapse in judgment -- or even for simply being in the wrong place at the wrong time -- they run the risk of what amounts to perpetual punishment owing to the existence of a criminal record.

Murder charge could be one of several for Texas man

A shooting in a Texas home on Tuesday Nov. 8 prompted an Amber Alert to locate the missing 16-year-old daughter and sister of the victims. The girl's 21-year-old boyfriend was taken into custody the next day. By Thursday, officials located the girl's lifeless body in a wooded area. By Nov. 15, her boyfriend was facing a murder charge, but he could end up facing three.

Police report that he remains a suspect in the murder of his girlfriend's 37-year-old mother and 13-year-old sister. Reports indicate that the two were shot in the family's home. Medical examiners said that the 16-year-old suffered stab wounds to which she succumbed.

Investigation into double murder leads to veteran turned teacher

A neighborhood Halloween party here in Texas turned deadly when two men were shot and killed on Oct. 23. After some investigation, authorities arrested an Air Force veteran who then became a teacher at a middle school in his area. He now faces capital murder charges in connection with the deaths.

A 911 call came in at approximately 4 a.m. on the day in question. The caller heard the shots and waited until they had subsided before opening the door. He reported that a white male was hitting one of the victims -- who was lying on the ground -- with the butt of a rifle. He yelled at the man to stop, at which point the weapon was pointed at the caller.

Another Takata airbag injury: Texans may be at increased risk

Takata Corporation, an international car parts manufacturer, is already involved in the auto industry's largest-ever recall. Takata airbags are installed in a huge variety of passenger vehicles, and most of them show no obvious manufacturing error. Yet at least 150 injuries and 16 deaths have been tied to Takata airbags exploding with great force, shattering the plastic inflator module and shooting shrapnel into the vehicle compartment.

As we discussed in our Feb. 5 post, 14 automakers had already recalled some 24 million vehicles with potentially deadly Takata airbags early this year. In May, NHTSA more than doubled the recall. Noting that some 28.8 million inflators had been already been recalled at that time, NHTSA announced a consent order phasing in a recall of an additional 35-40 million inflators by 2019.

Water births: When can they pose problems?

Water immersion labors are becoming increasing popular due to the success rates and benefits to both the child and the mother. Studies show that laboring in water can help reduce pain and the need for anesthesia. Nevertheless, doctors are saying the mother should not actually give birth in the water due to potential risks for the infant.

Labor in water, but not during birth

The American College of Obstetricians and Gynecologists found that water immersion during the first stage of labor has benefits for mothers. It has been found to reduce labor pains and the duration of the labor.

A focus on child safety can prevent injuries

With smaller frames, children are more susceptible to injury in car crashes when not properly secured. And every day almost 2,600 kids under the age of 13 are in vehicles involved in collisions. To safeguard your children, learn how to protect them from the all-to-real risk of injury.

Of course, it is important to note how important it is for parents or other caregivers to also fasten their own seatbelts. In one story, a mother properly restrained her child, but neglected her own seatbelt. In a serious car accident, she was thrown from the vehicle and died. Her child sustained only minor injuries.

What happens to your driver's license after a DWI arrest?

Getting arrested for a DWI can be an overwhelming experience. Whatever the circumstances that led you to get pulled over; you certainly did not intend to harm others or yourself.

What happens now? Will you lose your driver's license? What kind of criminal charges could you face? Will you need to install an ignition interlock device?

A DWI charge can affect all areas of your life. In this post, we cover some of the things that can happen when you are arrested for a DWI in Texas.

Hours of service rules in commercial vehicle accident cases, P.2

In any personal injury case, a plaintiff is required to prove certain elements at trial in order to build a viable case. These elements vary from claim to claim, but any negligence claim must generally involve proof of four basic elements: duty; breach; causation and harm.

Together, these elements essentially involve demonstrating that the defendant failed to abide by a legal duty and that this caused harm to the plaintiff. There are a variety of ways to demonstrate breach of duty in personal injury claims depending on the specific facts of the case. In cases involving commercial drivers, it is important to explore the possibility of regulatory violations as an avenue of establishing breach of duty.  

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