Expunge Drug Charges in Texas

Drug charges follow you for the rest of your life. They could negatively impact your relationships and affect your ability to get a job. However, in the State of Texas, you could potentially remove or hide these charges and certain other records from public view.

Depending on your individual situation, it might be possible to expunge drug charges or seal them through an order of nondisclosure. Expunction, also known as expungement, refers to a court-ordered process to erase an arrest record or a criminal conviction. If you were arrested on drug-related charges and meet certain criteria specified by the State of Texas, you may be eligible to expunge those records. For example, depending on your unique case, expunction may be possible if:

  • You were tried for the offense and the conviction was overturned,

  • You were acquitted in court,

  • You were convicted and then pardoned, or

  • You were convicted and later found innocent.

These are just a few scenarios in which the court may expunge drug charges. There are numerous other situations in which expunction is possible, but the criteria is complex. Speaking with a lawyer right away is critical in determining eligibility in your specific case.

Another option is to obtain a court order to “seal” these records. An order of nondisclosure “… prohibits criminal justice agencies from disclosing to the public criminal history record information related to an offense,” according to the Texas Department of Public Safety. An order of nondisclosure is different from expunction in that the record would still be visible to certain people and groups, such as criminal justice agencies and security-sensitive employers.

However, an order for nondisclosure would still remove the arrest record from public view and allow you to apply for jobs without disclosing information about the arrest.

If either of these options is available to you in your individual situation, it’s important to pursue it as soon as possible. The more time that passes, the longer your record is available for public view. An experienced criminal defense lawyer will be able to review your unique case and determine whether you are eligible to seek expunction or an order of nondisclosure.

Erasing or sealing a criminal record can mean moving forward from a bad situation and preventing it from following you for the rest of your life. Contact us today for a free consultation and receive tailored advice for your specific case.

Greg Melon