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How can I get my misdemeanor expunged in the state of Texas?

Class a misdemeanor - possession of marijuana

Happened in 2006, got differed judafication went through with everything, got my hours done and supervision. I know you can pay a lawyer or do it myself but does it really work. Im gonna be going to school surgical tech, and if i have a misdemeanor they wont let me take the state board exam, just wondering if anyone has done it and if it really works before i go thru the process and money.

2 Answers

  • 1 decade ago
    Favorite Answer

    Well, you aren't going to be able to get it expunged. Nor, with all due respect to the officer who answered above, can you just ask the trial court nicely if they could please get rid of your record. What you may be eligible for is a separate remedy called a non-disclosure order. There are some specific eligibility requirements you'll have to meet, and a motion for non-disclosure and the corresponding order will need to be prepared correctly. I would highly recommend that you contact a good local defense attorney, and make sure they've actually handled these before. They're not that difficult, but they are kind of unusual, and most defense attorneys have never done one and may not have even heard of them.

    Non-disclosures are NOT the same as expunctions, which are barred to you if you received deferred adjudication (yeah, even if you were successful and the case was subsequently dismissed). Non-disclosures are specifically designed for people in your position, who have made it through a deferred adjudication, but are now concerned about the fact that the arrest and court records are still a matter of public knowledge. A non-disclosure order essentially accomplishes the same thing as the sealing of a juvenile record--anyone outside law enforcement checking your record for hiring purposes, out of curiosity, whatever, should not be able to find anything about the case. Unlike with an expunction though, the records are not destroyed. The records remain in the possession of whatever law enforcement agencies, prosecutors, courts, probation departments, etc. had them to begin with, but disclosure of the records is limited by criminal penalty basically to law enforcement purposes, with alerts put on the records not to release them to anyone else or for any other reason.

    I will add the warning, though, for whatever it's worth, that I have heard a couple of defense attorneys laugh when I told them I could not agree to an expunction, but that their clients might benefit from non-disclosures. Supposedly,in their experience, some agencies just didn't comply with the orders.

    Source(s): 11 years as a Texas prosecutor, 4 handling expunctions and non-disclosures
  • 1 decade ago

    If you were found guilty, plead guilty or nolo contendre, it is filed as a closed case. A drug charge stays on your record and cannot be expunged unless you were a juvenile at the time of the conviction. If you were, juvenile records are sealed and the information in them cannot be accessed by anyone but law enforcement, or be released to civilian entities.

    Your only recourse is to contact the judge that heard the case and tell him your educational plans. Then ask him if he could clear your record so you can pursue your goals. The final decision is his, and an attorney will not change that.

    If you can't live with the results of your actions, be more careful of the actions you take. There are consequences when you commit a crime, and doing drugs is the number one pet-peeve of most judges.

    Source(s): I am a Police Officer
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