Is Expunction Available for Marijuana Arrests in Tarrant County?

 Posted on October 13, 2022 in Drug Crimes

After you are arrested for a crime, there is a record of that arrest that can follow you around for the rest of your life. A criminal history can make it difficult, if not impossible, to get a job, rent an apartment, be accepted into college, or take out a loan. This can be especially problematic if you have been arrested on charges related to marijuana. Even though marijuana is considered by most people to be a non-harmful drug, and it has been legalized in some states, it is still an illegal substance in Texas. Arrests, charges, or convictions for marijuana possession or distribution can create a permanent black mark on your record.

Fortunately, in some cases, you may be able to have your record "expunged," which means that an arrest or a criminal charge will be erased from your criminal history. If you are concerned about how a marijuana arrest may affect your future, you will want to understand whether expunction will be a solution that will allow you to clear your record.

Requirements for Expunction in Texas

To be eligible for an expunction in Texas, you must meet certain criteria. Expunction is generally an option if you were not convicted of a crime. For example, you may be eligible for an expunction if you were arrested but never charged with a crime or if you were found not guilty or your case was dismissed. You may also receive an expunction if you were convicted of a crime, but you later received a pardon.

An expunction may also be available if you complete a diversion program that will allow you to resolve your case without being convicted. Tarrant County offers a Deferred Prosecution Program for offenders between the ages of 17 and 26, as well as a First Offenders Drug Program.  Criminal charges for possession of small amounts of marijuana will generally be eligible for deferred prosecution. To qualify for these programs, you must be a first-time offender, meaning that you must not have any previous criminal convictions or juvenile adjudications and have not previously participated in a diversion program. During these programs, you will be required to submit to regular drug testing. Upon completion of the program, your case will be dismissed, and you will be entitled to an immediate expunction. However, expunctions do not occur automatically, so you will need to apply to have your record expunged and pay any required fees or court costs.

If you are not eligible for an expunction, you may be able to apply for nondisclosure. An order of nondisclosure prevents your criminal record from being seen by the public. However, certain governmental entities, such as law enforcement agencies, will still be able to access your records. If you were convicted of a marijuana-related offense and were not eligible for diversion programs, this may be an option that will allow you to minimize the consequences that will affect you in the future.

Contact Our Tarrant County Expunction Lawyer

At The Dameron Law Firm, we understand how difficult it can be to live with a criminal record. That is why we are here to help fight for your rights and clear your name whenever possible. If you have been arrested and charged with an offense such as possession of marijuana, we can help you understand your options for defending against these charges, and we can also advise you on when you may be eligible to have your record expunged. Contact our Tarrant County marijuana crimes defense attorney today at 817-222-0624 for a free consultation. We will review your case and help you understand the best options that will allow you to protect yourself and your future.

Sources:

https://www.tarrantcounty.com/en/criminal-district-attorney/criminal-division/post-conviction.html

https://www.tarrantcounty.com/content/dam/main/Criminal-District-Attorney/DA-Documents/DPP%20Information%20for%20approval.pdf

https://access.tarrantcounty.com/content/dam/main/Criminal-District-Attorney/DA-Documents/CDA%20Deferred%20Prosecution%20Initiative%20.pdf