In Texas, a single marijuana possession conviction can cast a long shadow over your future, affecting your job prospects, housing opportunities, and even your ability to obtain professional licenses.
After a marijuana possession conviction, you might wonder whether you need to hire a expunction lawyer to clear your record. The answer isn’t always straightforward, as the legal process for expunction in Texas is notoriously complex and filled with pitfalls that could derail your efforts.
In this article, we’ll explore why you need a lawyer to navigate the expunction process for a marijuana possession conviction in Texas.
If you’ve already decided you want legal assistance, call the Law Offices of David M. White today at (325) 437-3311 for your free consultation and discuss how we can help you start from a clean slate.
What Are the Marijuana Possession Laws in Texas?
Texas takes a firm stance on marijuana possession, treating it as a criminal offense under the Texas Health and Safety Code, Section 481.121. Unlike some states that have decriminalized or legalized marijuana for recreational use, Texas categorizes it as a Schedule I substance—indicating a high potential for abuse and no recognized medical use under state law.
Texas bases the penalties for marijuana possession on the amount of marijuana found in your possession.
For instance, possession of less than two ounces is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. Possession of larger amounts escalates the charges, with penalties increasing in severity, potentially reaching felony levels with corresponding prison sentences and hefty fines.
What Is Expunction?
Expunction is a legal process that allows individuals to clear their criminal records, effectively erasing the arrest and conviction from public view.
Chapter 55 of the Texas Code of Criminal Procedure makes expunction available to those who meet specific criteria, such as if the court acquits them or dismisses the charges, or they complete certain diversion programs.
Once granted, an expunction order legally permits you to deny the existence of the arrest or conviction, including on job applications and in most legal circumstances. This powerful tool can restore your rights and open doors that might otherwise remain closed due to a past conviction.
However, the expunction process is not automatic. It requires filing a petition, providing appropriate documentation, and possibly appearing in court. Additionally, not everyone is eligible for expunction. For instance, if the court convicted and sentenced you for marijuana possession, you might not qualify unless you can get the conviction overturned or pardoned.
The Expunction Process in Texas
The first step is determining your eligibility, as outlined above. The next step is filing a petition for expunction in the court where the arrest or conviction occurred.
This petition must include specific details, such as the date of arrest, the charges filed, and the outcome of your case. You’ll also need to serve notice of the petition to all relevant agencies, including the arresting law enforcement agency, the prosecutor’s office, and any entity with records related to your arrest.
A critical aspect of the process is the waiting period. In Texas, you may need to wait until the statute of limitations expires—typically two years from the date of the arrest for misdemeanors and three years for felonies.
After filing, the court will schedule a hearing where a judge will review your petition. If the judge grants the expunction, all records of your arrest, charges, and any related legal proceedings will be destroyed or returned to you.
Importantly, the expunction order also prohibits any agency from releasing or disseminating your expunged records, effectively clearing your public criminal record.
Why Do You Need a Lawyer?
Hiring a lawyer will make the expunction process smoother, more efficient, and ultimately more successful.
Texas fills the expunction process with legal intricacies, from filing deadlines to the required specific documentation, and even minor errors can result in delays or outright denials. Given the pivotal nature of how the outcome of this process will affect your future, do you really want to risk doing it alone?
A good lawyer will know how to correctly file the petition for expunction, properly serve all relevant agencies, and present a compelling case in court. They can also advocate on your behalf during the court hearing, arguing for the expunction and addressing any objections raised by the prosecution or law enforcement agencies.
Beyond the technical aspects, a lawyer provides peace of mind. With a lawyer handling the legalities, you can focus on moving forward without worrying about whether you’ve made a misstep that could cost you your chance at a clean record.
Alternatives to Expunction
If expunction isn’t an option for clearing your marijuana possession conviction, Texas makes alternative legal remedies available:
- Nondisclosure Orders: Seals your criminal record from public view, typically available after completing deferred adjudication for certain offenses.
- Pardons: Granted by the governor, a pardon can restore certain rights and potentially make you eligible for expunction, though it’s a rare and challenging process.
- Appeals: If the court made legal errors in your trial, appealing the conviction might lead to a reversal, opening the door to possible expunction afterward.
Secure Your Future with the Law Offices of David White
If you’re ready to take control of your future and clear your criminal record, don’t hesitate to ask for legal assistance. Contact the Law Offices of David M. White today at (325) 437-3311 for a free consultation and let us help you on the path to a clean slate.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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