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

Asked on February 5, 2013 under Criminal Law, Texas


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.

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