Drug charges can wreck your record. Texas has some of the harshest drug laws in the nation. Aggressive law enforcement, even amidst the changing dynamics of Marijuana, can lead to lifelong personal and professional consequences for drug possession in Texas. Contrary to popular belief, drug charges do not automatically fall off your record – even if dismissed. In Texas, drug charges can only be removed through the Expungement.
Many drug cases are eligible for Expungement under Texas law. Expungement is a powerful legal tool that deletes all records of a criminal drug case in Texas, and allows you to deny the charge ever happened.
WHAT DRUG CHARGES ELIGIBLE FOR EXPUNGEMENT IN TEXAS
Drug charges are eligible for Expungement if they are dismissed without probation or otherwise resolved without final conviction, including by Deferred Disposition, pretrial diversion, or a Veteran’s Treatment Court.
The following drug charges are eligible for expungement in Texas:
- Possession of Marijuana
- Delivery of Marijuana
- Possession or Delivery of Drug Paraphernalia
- Smoking Tobacco
- Prohibitions Relating to Certain Cigarettes
- Possession of Substance in Penalty Group 1 or 1-B (Cocaine, Heroin, Meth, Fentanyl)
- Possession of Substance in Penalty Group 1-A (LSD, “N-Bombs”)
- Possession of Substance in Penalty Group 2 (THC, Mescaline, Psilocybin Mushrooms)
- Possession of Substance in Penalty Group 2-A (cannabinol derivatives)
- Possession of Substance in Penalty Group 3 (Barbiturates, Peyote, stimulants)
- Possession of Substance in Penalty Group 4 (Narcotics)
- Possession of Dangerous Drug
- Manufacture, Delivery, or Possession of Miscellaneous Substances
- Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance
- Manufacture or Delivery of Substance in Penalty Group 1
- Manufacture or Delivery of Substance in Penalty Group 1-A
- Manufacture or Delivery of Substance in Penalty Group 1-B
- Manufacture or Delivery of Substance in Penalty Group 2 or 2-A
- Manufacture or Delivery of Substance in Penalty Group 3 or 4
- Delivery of Controlled Substance or Marijuana to Child
HOW TO GET A POSSESSION CHARGE EXPUNGED IN TEXAS?
Drug possession charges in Texas are expunged by filing a Petition for Expunction in civil district court or in the proper court of record. The petition should be notarized, list the relevant law enforcement agencies, and otherwise comply with chapter 55 of the Texas Code of Criminal Procedure.
The expunction petition then proceeds to a hearing where the district attorney or prosecutor may present their case. The trial court judge ultimately decides whether to expunge the drug charge after hearing all evidence and arguments.
- Can drug charges be dropped in Texas? Drug charges are dropped, reduced, and resolved without conviction everyday in Texas courts. Drug charges that are dropped with no conviction can and should be expunged as soon as possible to avoid the devastating consequences of a drug record in Texas.
- How long does a drug charge stay on your record in Texas? Forever! Drug charges do not go away or automatically disappear from Texas criminal records, even when dismissed.
Many people mistakenly believe that criminal charges clear after 5, 7, or 10 years. This is not true. The only way to clear a drug record in Texas is by expungement.
WHAT CHARGES CANNOT BE EXPUNGED IN TEXAS?
Drug charges resolved by any form of probation and drug convictions cannot be expunged in Texas. However, Deferred Adjudication cases and first-time drug offenses may qualify to be sealed by Nondisclosure Order.
- What happens if you are convicted of a drug offense in Texas? A drug offense conviction creates a permanent criminal record in Texas. Many First-time misdemeanor drug convictions may qualify for a Nondisclosure Order.
- How long does a felony drug charge stay on your record in Texas? Permanently. Felony drug charges do not ever automatically disappear from criminal records in Texas. The only way to remove a felony drug charge in Texas is by Expungement.
CAN A FELONY DRUG CHARGE BE EXPUNGED IN TEXAS?
Yes, felony drug charges can be expunged if they are dismissed without probation or resolved by pretrial diversion or specialty court program (like a Veterans Treatment Court).
A felony record can devastate employment background checks in Texas, which makes Expungement a critical priority!
- How do you get a drug felony expunged in Texas? Felony drug charges are expunged by the execution and filing of a Petition for Expunction in state district court. Felony drug expungement is a complex matter that should be handled by experienced Texas Expungement lawyers.
- Can a felony drug charge be reduced to a misdemeanor in Texas? Yes, and a Texas felony drug reduction can also result in Expungement or Nondisclosure eligibility in many cases.
IS THERE A STATUTE OF LIMITATIONS ON DRUG CHARGES IN TEXAS?
Yes, most misdemeanors have a 2-year Statute of Limitations while felonies are subject to a 3-year statute in Texas. A Statute of Limitations is a time restriction for the filing of criminal charges.
Under Texas law, the Statute of Limitations for a drug charge must expire before a person can pursue expungement.
- What is the Statute of Limitations on a felony drug charge in Texas? Felony drug charges are subject to a 3-year Statute of Limitations in Texas, which means the prosecutor has 3 years to file charges on the case.
This also means an individual has to wait 3 years before expungement unless the district attorney rejects the charge or certifies they will not be proceeding with prosecution.
- What is the waiting period for felony Expungement in Texas? There is no waiting period to expunge a felony following an acquittal or pretrial diversion.
Felonies dismissed without probation require a 3-year waiting period and some cases also require expiration of the Statute of Limitations.
HOW MUCH DOES IT COST TO GET A CHARGE EXPUNGED IN TEXAS?
It costs up to approximately $5,000 to get a drug charge expunged in Texas. This fee varies by jurisdiction, the severity of the charge, and the number of law enforcement agencies requiring service in the case.
- Will my expunged record show up on a background check in Texas? No, a properly expunged drug record will not appear on a Texas background check, and is not visible to police or any agency. You can legally deny the charge ever happened on job and school applications – a big advantage in Texas!
BEST LAWYERS FOR EXPUNGEMENT IN TEXAS
Trey Porter Law is a top-rated Texas law firm with 40+ years of combined experience successfully expunging criminal charges across the Lone Star state. The award-winning Criminal Defense attorneys at TPL understand that criminal records can negatively impact background checks, security clearances, and school admissions. Trey Porter Law leverages their decades of combined experience, professional relationships, and dynamic, high-powered advocacy to get the best result for every client, every time.
