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Clearing Records: How to Expunge Drug Possession Charge in Texas

Writer's picture: Justin SparksJustin Sparks

A drug possession charge can make life more difficult than it needs to be. It can affect everything from finding a job to getting a place to live, as background checks often reveal even minor criminal records. Texas legal system allows certain drug possession charges to be cleared through expungement, which gives individuals the chance to start fresh.


This process can remove the charge from public records and help avoid the stigma tied to a permanent criminal record. In this article, readers can learn more about how to expunge a drug possession charge in Texas and make it easier to understand and act on.


What Is Expungement in Texas?

What Is Expungement in Texas?


Expungement is a legal process under Texas law that completely erases a criminal record from public access. For those with drug possession charges, this means the charge can no longer be found in background checks or public records.


Typically, expungement goes beyond record sealing, which only hides a record from the general public. With an expungement in Texas, the criminal record is removed entirely, as if the charge never existed.


This process is governed by the Texas Code of Criminal Procedure. Once a possession charge is expunged, the individual can legally deny it ever happened.


Essentially, this can help reduce the impact of criminal charges on employment, housing, and other opportunities. Expungement offers a way to clear past mistakes and move forward with confidence, regardless of whether it's for a class C misdemeanor or a dismissed drug felony.


Who Qualifies for Expungement?


Not everyone with drug possession charges qualifies for expungement in Texas. Eligibility depends on how the case was resolved and the individual’s criminal history. The following situations often qualify for having a criminal record expunged:


  • Cases that were dismissed without a final conviction.

  • Acquittals, where the person was found not guilty in court.

  • Arrests or charges that didn’t lead to a conviction.

  • Class C misdemeanor charges resolved through deferred adjudication.


However, some cases do not qualify. Charges that resulted in probation or a final conviction for drug possession are typically ineligible for expungement. Instead, non-disclosure might be an option for sealing these records.


It’s important to know that each case is unique, and eligibility may require a court order through the district court. Consulting a criminal defense attorney can help clarify options and determine if a possession charge can be expunged in Texas. They can also advise on how to expunge an evading arrest charge in Texas.


What Drug Charges Cannot Be Expunged?


Some drug charges are not eligible for expungement under Texas law. Cases with a final conviction or those involving probation are typically excluded. Repeated offenses and charges tied to violent crimes also cannot be expunged. These include scenarios where the criminal record reflects a history of serious misconduct.


A non-disclosure order might be an option for charges that don’t qualify for expungement. This process seals the record from public view, though it remains accessible to law enforcement agencies and government entities. Working with a criminal defense attorney can help determine eligibility for non-disclosure and guide the steps needed to address these cases.


Steps to Expunge a Drug Possession Charge in Texas


Expunging a drug possession charge involves several legal steps. While it’s possible to handle this process alone, having our criminal defense lawyer may significantly improve the chances of success.


Step 1: Hiring a Criminal Defense Attorney

An attorney experienced in the Texas legal system can help the defendant deal with the complex steps involved. They know the legal requirements and how to handle law enforcement and government agencies effectively. This expertise reduces the risk of errors that might delay or derail the process.


Step 2: Filing a Petition for Expunction

The first formal step is submitting a petition for expunction in the appropriate district court. Essentially, the petition must list the arresting agency, all involved law enforcement agencies, and any necessary documents. It should meet the requirements of the Texas Code of Criminal Procedure. Missing details could lead to rejection.


Step 3: Attending the Court Hearing

Once the petition is filed, a court hearing is scheduled. During this hearing, a judge reviews the case, including factors such as actual innocence and compliance with the mandatory waiting period. If all conditions are met, the judge may grant the expungement, which can effectively clear the criminal record from public access.


Although individuals can attempt this process on their own, it is often challenging without legal guidance. A qualified attorney simplifies the process and increases the chances of having the possession charge expunged in Texas.


Waiting Period for Expungement in Texas


The waiting period for expungement depends on the type of criminal charges and the case outcome. For class C misdemeanors, the processing time is 180 days after the arrest. Class A and B misdemeanors require a one-year wait, while felony charges typically involve a three-year waiting period.


However, the period someone can wait can be shorter if the case is dismissed early or if the charges are resolved in a way that satisfies public safety and Texas law requirements. Each situation is unique, and compliance with these timelines is important before a possession charge can be expunged in Texas.


Expungement for Juvenile Records

Expungement for Juvenile Records


Juvenile records, including those involving drug charges, may also qualify for expungement in Texas. The process is similar to clearing adult records but often includes extra steps to ensure public safety concerns are addressed.


Also, juvenile offenses, especially minor misdemeanor offenses or cases dismissed without conviction, can be expunged and offer a fresh start. Clearing these records helps prevent past criminal charges from affecting a young person's future opportunities.


Closing Thoughts


Expunging a drug possession charge can open new opportunities, such as better jobs and housing while removing the weight of a criminal record in Texas. The process can be complicated, but it’s a crucial step for those looking to move forward. Sparks Law Firm focuses on criminal defense and understands the challenges involved in clearing drug charges.


With experienced attorneys handling the details, the process becomes smoother and more manageable. Let Sparks Law Firm guide the way. Reach out to us for a free consultation and take a step toward a fresh start with a clean record.

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Sparks Law Firm

Justin Sparks has been defending clients across Fort Worth and Dallas for over a decade. Our firm helps you through the criminal process, from investigation to appeals. Free consultations for all new cases.

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