Can I Get My Drug Crime Record Expunged?
If you were arrested for a drug offense in Texas, or if you were convicted of a drug charge, you may be experiencing difficulty with your current job search, child custody matters, and related issues even though you were either acquitted or served out the terms of your sentence completely. Given the ways that a criminal record, including for drug crimes, can continue to impact a person’s life long after an arrest, many people who have such offenses on their records want to find out about the possibility of expunction (in other words, having their drug crime record expunged). Generally speaking, expunction is a difficult and complex process that is only available in limited circumstances. Yet even if you are not eligible for expunction, which involves the eradication of the criminal record, you may be eligible for an Order of Nondisclosure, which can result in your criminal record being sealed from the public.
When Drug Offenses Can Be Expunged
Expunctions in Texas are governed by Chapter 55A of the Texas Code of Criminal Procedure. Under Texas law, a drug offense (along with other types of criminal records) can only be expunged in the following circumstances, regardless of whether the offense was a misdemeanor or felony drug charge:
- You faced the offense as a juvenile, and the case qualifies for juvenile criminal record expunction;
- You were arrested for a drug offense but were never charged;
- You were charged with a drug offense but the charges were later dismissed;
- You were charged with a drug offense and were acquitted (i.e., found not guilty) in a criminal trial;
- You were convicted of a drug offense but you were pardoned for actual innocence or a reason other than actual innocence; or
- You were convicted of a drug offense but had your conviction overturned after an appeal.
As you can see, if you have a drug crime conviction on your record and the conviction has not been overturned and you have not been pardoned, then a conviction is not eligible for expunction. However, you could be eligible for an Order of Nondisclosure, which means that your criminal record will not be destroyed but instead that it will be removed from the public record and cannot be accessed by a member of the public.
More Options for Sealing Your Record or Preventing Public Access
If you are not eligible for an expunction, you may still be able to file a petition for an Order of Nondisclosure. Nondisclosure orders are typically what a person will usually be what an adult will seek following a drug crime conviction that is still on their record.
Some first-time misdemeanors result in automatic nondisclosure, while there are specific requirements for nondisclosure of other offenses.
Contact Our Drug Crime Defense and Expunction Lawyers Today for Assistance
If you have a drug offense on your criminal record and want to find out about options for expunction or record sealing, you should seek legal advice as soon as you can. Depending on your specific case, you could be eligible for expunction, or if not, you may still be able to have your criminal record removed from public view and public access through an Order of Nondisclosure. An experienced Texas drug crime defense and expunction lawyer at John Reed, Attorney at Law can assist you today and can answer any questions you have. We know how important record sealing and expunction can be so that you can move on with your life, and our firm is here to help.
Source:
statutes.capitol.texas.gov/Docs/CR/htm/CR.55a.htm
