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Can I Have My Drug Possession Arrest Record Sealed or Expunged?

An arrest record may have a very negative effect on your life. Many people believe that if they were arrested for drug possession but never charged, their saga is over. Unfortunately, many of these people soon come to realize their job opportunities, personal relationships, and other aspects of their life are in jeopardy because they have a prior arrest for possessing drugs. Fortunately, there are circumstances under which you may have the state of Texas either expunge or seal your arrest record to limit any further consequences.

Expunction

Under Texas law, you may have your arrest record expunged if any of the following apply:

  • You were never charged and a certain amount of time has passed;
  • No indictment or information was issued against you;
  • You went to trial and were acquitted of your charges;
  • You went to trial and were convicted, however the court of criminal appeals overturned the conviction;
  • You went to trial and were convicted, however you were later pardoned based on actual innocence or another valid reason.
  • You were convicted and you received and completed a sentence of deferred adjudication probation or a Class C misdemeanor offense.

If you meet any of these criteria, your attorney may request to have your arrest record expunged in accordance with the law.

 Sealing the Record

If you do not meet the above criteria for expunction, you may still be able to seal your arrest record from certain sources. Sealing your record is also called an Order for Nondisclosure, and is different form an expunction in a few ways. Though it allows you to deny any arrests on employment applications and removes your arrest from public online databases, an Order for Nondisclosure still leaves the arrest record available to law enforcement, some state agencies, and even some private employers if you have applied for a security-sensitive job. Still, this is better than having your arrest record openly available. Your attorney may be able to get your record sealed if you received and completed a sentence of deferred adjudication probation for a felony or Class A or B misdemeanor.

Contact an Austin drug possession attorney for a free consultation

If you have been arrested on suspicion of drug possession, your first call should always be to an experienced Austin criminal defense lawyer. Attorney Kevin Bennett can provide the highest quality of assistance from the time you are arrested, through every step of your drug possession case, and can help you with an expunction or sealing of records once your case is over. Call the Law Office of Kevin Bennett today at (512) 476-4626 for assistance.

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The Law Office of Kevin Bennett