If I have a class A misdemeanor for a controlled substance, can it be sealed?

Asked on February 5, 2013 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It depends on how your case was resolved.  If you were charged, but the agency never filed the case with a county or district attorney's office, and the statute of limitations has run (two years), then you could easily apply for an expunction to get it off of your record completely.  If the case was filed, but then subsequently dismissed, then you may be eligible for expunction.  If you were placed on deferred adjudication, but you are not otherwise eligible for an expunction, you may still be able to get what is called "an order of non-disclosure."  This means the arrest and conviction are still on your record, but the general public (including future employers) are not allowed to have access to it.  If you are not sure which situation applies to your case, gather all of the paperwork (arrest or court papers) and visit with a criminal defense attorney that has experience handling expunction matters.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.