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What are requirements andprocess for expunging a criminal record for misdemeanor marijuana charges?

Asked over 2 years ago - Dallas, TX

I have two misdemeanor marijuana charges form whenI was in college. On one of them, I received probation (reporting to PO, commn=unity service hours, etc.) I did everyhting and completed the probation. HOwever, in about 6 months, I go another charge. So, the new charge as well as revocation of the probated charge are onmy record. This has been about three years ago.

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Attorney answers (2)

Cynthia Russell Henley

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in Houston, TX.

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You are not eligible to have either of your convictions expunged nor sealed. To be eligible for an expunction, the cases must have been dismissed or you must have been found not guilty. To be eligible to seal the record (among other requirements), you must have completed deferred adjudication without having been revoked. Unfortunately, the only possible avenue to get those convictions off your record is to attack them by a post conviction application for writ of habeas corpus in which you allege a violation of constitutional rights (which means not likely in your situation.)

cannot expunge conviction

cannot seal record of a conviction

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Paul Holt Walcutt

Reputation Level 15

Answered over 2 years ago. Criminal Defense Attorney in Austin, TX.

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Cynthia is right; these convictions are on your public criminal history for the rest of your life unless you successfully completed a deferred adjudication probation on both. You could also get them expunged in you were to be pardoned for these offenses, but pardons are very hard to come by unless you have a very compelling reason. Trouble finding a job is usually not one of those reasons.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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