How will a drug paraphernalia ticket that I received in Texas alter my life? And is it possible to get it off my record?
I received a drug paraphernalia ticket in Texas a few weeks back and I am just curious what to expect from life now. Am I screwed? Is my life going to get that much harder now? Renting an apt, job searching. What should I expect now? (I received this ticket in Chandler, TX. Henderson county.)
Would also love to know what I can to do remove it if possible.
It was me in the car. I got caught speeding and the stuff was just too strong on the hot June day, it baked in my car and the officer could smell it. Received a drug paraphernalia ticket.
Paid both fines and now assume I'm branded for life.
First time with anything like this. Up until now the worst I've ever done have been speeding tickets.
If you had spoken to an attorney or posted this question before you had "paid the fines", then there would have been a lot that you could have done. You could have fought the case, or you could have requested deferred adjudication which typically involves paying a reduced fine and not getting in trouble for 90 days. Once 90 days (or up to 180 days) goes by, the case gets dismissed and you can expunge it.
However, paying the fines = pleading guilty. You cannot expunge or seal a conviction no matter how much time passes.
Your only option at this point is to seek to withdraw your plea. If you're within 10 days of the date you paid your fines (i.e. plead guilty), you can file a Motion for New Trial and withdraw your plea. According to Tex. Code of Criminal Procedure 45.023, it must be granted by the Judge.
If you're past 10 days, depending on the Court and Prosecutor, you may still be able to withdraw your plea, particularly if you're only looking to change it to a deferred plea. But, there are no guarantees. After that, your only option is to have an appellate lawyer file a Writ arguing that you're plea wasn't knowing or voluntary.
You should hire a local attorney in Henderson County to appeal your tickets and try to fight them or get Deferred Adjudication. Just paying them was absolutely the worst thing you could do.
I am a Dallas area criminal defense attorney and former State prosecutor. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice. This answer does not form an attorney-client relationship.
If you just paid the fine and did not make arrangements with the court or city prosecutor for deferred disposition, the case is a final conviction and will never be removed from your record (except via pardon from the Governor). The facts of the situation no longer matter, paying the fine says "I'm guilty". If you made the payment less than 10 days ago, you may be able to have a local attorney file a motion for new trial. Anything else is irrelevant; whatever a background check reveals, it reveals and nothing can be done about it. Move on with your life.l Don't be defeated and just assume you won't get the job., keep applying. Stay out of trouble and whatever happens, happens.
In a few weeks, you will receive instructions for where to go to get the scarlet marijuana leaf tattooed on your forehead.
You probably should have consulted an attorney BEFORE you paid the ticket, but, in my professional opinion, it isn't a big deal, especially if you got it in Dallas. Dallas has a terrible record of reporting things to Austin.
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It didn't, read the question.
