How to Expunge a Possession Charge in Texas

In certain situations, someone charged with possession in Texas can request an expungement of the charge. Expunction requires a notarized petition to be filed in the proper court. If the petition is properly filed, the court schedules a hearing and sends notice to respondents who may testify. If the expungement is granted, you will no longer need to disclose the arrest.

The process of having a possession charge expunged can be complicated, but having an experienced Plano criminal defense lawyer on your side can demystify the experience and increase your likelihood of success.

Do you qualify for expungement?

The Texas Code of Criminal Procedure indicates the circumstances in which an arrest for a felony or misdemeanor arrest for a drug offense can be expunged:

  • The arrest did not result in a charge;
  • The case was dismissed because there was insufficient evidence or lack of probable cause;
  • A grand jury issues a “no bill,” declining an indictment due to insufficient evidence; or
  • A judge or jury found the defendant not guilty of the drug crime that was charged.

Keep in mind that you cannot expunge a record of drug possession charges if you plead guilty or have been convicted by a judge or jury.

Speak with a drug possession lawyer

The consequences of a drug possession charge are long-lasting. If you have been charged with possession of marijuana or another illicit drug, call Peveto Law to discuss the details of your case for free with an experienced Texas defense attorney.