Want to clear a marijuana charge from your record in Texas? Here’s how to do it.
It’s possible to get your drug arrests expunged from your criminal record in Texas, but only under the right circumstances.
On Thursday, President Joe Biden said he will pardon all federal offenses of simple marijuana possession. Biden said no one should be in jail for using or possessing marijuana and that sending people to prison for it has upended too many lives.
While Texas is stringent on its own marijuana laws, there are ways to expunge drug charges from your criminal record. Here’s what to know about getting your criminal record expunged or sealed:
What does it mean to expunge your record?
To expunge a record is to permanently remove entries from an individual’s criminal history, under certain conditions, according to Texas Law Help. Essentially, expunction removes any charges from your criminal record.
What are the requirements for having my record expunged?
Under the Texas Code of Criminal Procedure, there are certain circumstances where expunging a record is available.
A person who has either been charged with a felony or misdemeanor is entitled to have their records expunged if:
- The person is acquitted — found not guilty — by a judge or jury of the drug crime with which the individual was charged.
- The person is convicted, then pardoned based on his innocence.
- The person has been released because a conviction has not resulted from the charges, or the statute of limitations has expired.
- The person’s conviction is overturned by the court of criminal appeals.
A deceased person’s criminal record can also be expunged by proxy of a close family member (parent, sibling, spouse, grandparent, child) under the same conditions listed above.
To check if you can get your record expunged, check the Fresh Start website or consult with an attorney.
What can I do if I don’t qualify to have my record expunged?
If an individual pleads guilty or are found guilty by a judge or jury, that person cannot get their record expunged.
In Texas, they do have a recourse to have their record sealed. The request is called an Order of Nondisclosure, also known as Texas record sealing. It does not eliminate the record of your arrest but seals it from the public domain. Only certain government agencies will be able to view your records.
To be eligible for an Order of Nondisclosure, these statements must be true:
- The person was placed on deferred adjudication for a qualifying misdemeanor.
- The court does not oppose the person from getting an automatic order of nondisclosure.
- The person received a discharge and dismissal order on or after Sept. 1, 2017.
- The person has been or were on deferred adjudication for a minimum of 180 days.
- The person is a first-time offender, excluding fine-only traffic offenses.
How do I file for an expunction?
Several steps go into an expunction, including filing the order and appearing in court, according to Texas Law Help.
The steps for expunction are:
- Consult with an attorney on the records you would like expunged.
- File an expunction petition in the county where you were charged.
- If the charges against you were never filed or the statue of limitations have expired, use this form.
- If the charges against you were filed and have been dismissed or quashed, use this form.
- Pay the petition fees. Fees vary by county.
- The district clerk will notify you of your court hearing date.
- Attend the court hearing with your attorney.
How long do I have to wait to expunge my records?
The court hearing date will be set at least 30 days after your file your expunction petition.
However, the amount of time before you can even file a petition depends on the charge:
- Class C misdemeanor: 180 days
- Class A and B misdemeanors: 1 year
- All felonies: 3 years
