A Past Drug Arrest Doesn’t Have to Define Your Future
An arrest for drug possession in Texas can leave a lasting mark on your life, creating a public record that can hinder your ability to get a job, secure housing, or apply for loans. Even if the charges were eventually dropped, the arrest record remains accessible through a simple background check. Many people in Houston and Harris County believe this is a permanent stain, but that is not always the case.
Under specific circumstances, Texas law provides a powerful legal tool called expungement to permanently clear your record. This refreshed guide will explain the difference between expungement and non-disclosure, detail who is eligible to expunge a drug possession arrest in Texas, and outline the steps involved in the Harris County process. Understanding these options is the first step toward achieving a truly clean slate.
Understanding Expungement vs. Non-Disclosure in Texas
When seeking to clear a criminal record in Texas, it is crucial to understand the difference between two primary legal remedies: expungement and non-disclosure.
Expungement: The “Clean Slate”
An expungement (or expunction) is the complete destruction of your arrest records. When an expungement is granted by a judge in Harris County, all agencies that hold records of your arrest are ordered to destroy them. This means you can legally deny that the arrest ever occurred in almost all circumstances, such as on job or housing applications. Expungement offers a true “clean slate.”
Non-Disclosure: Sealing Your Record
An Order of Non-Disclosure is often referred to as “sealing your record.” It does not destroy the record but instead makes it unavailable to the general public, including private background check companies. However, the record is still accessible to law enforcement, government agencies, and certain licensing boards. Non-disclosure is typically an option for those who successfully completed deferred adjudication probation.
For a drug possession case, the best outcome is always an expungement. This post will focus primarily on the expungement process.
Eligibility for Expunging Drug Possession Arrests in Texas
The most important factor in determining eligibility for expunging a drug possession arrest record in Texas is the final outcome of your case. A conviction for drug possession generally makes you ineligible for an expungement.
Who is Typically Eligible for a Drug Possession Expungement?
- Your Case Was Dismissed: If the prosecutor in Harris County dropped the charges against you for any reason (e.g., lack of evidence, successful completion of a pretrial intervention program).
- You Were Acquitted: If you went to trial in a Houston court and were found “Not Guilty.”
- You Were Arrested but Never Charged: If you were arrested but the District Attorney’s office declined to file formal charges against you within the statute of limitations.
- Your Case Resulted from Identity Theft: If someone else was arrested for drug possession using your identity.
Who is Typically NOT Eligible?
- You Were Convicted: If you were found guilty and sentenced, you are generally not eligible for an expungement (you may be eligible for non-disclosure).
- You Received Deferred Adjudication: If you successfully completed deferred adjudication for a drug possession charge, you are typically eligible for an Order of Non-Disclosure, not an expungement. There are some very limited exceptions.
Meeting the waiting periods required by Texas law is also a critical part of eligibility. An experienced Houston expungement attorney can review the specific details of your Harris County case to confirm if and when you are eligible to file.
The Expungement Process in Harris County
Once eligibility is confirmed, the process to expunge a drug possession arrest record in Harris County follows specific legal steps. It is a formal court proceeding that requires precision and attention to detail.
Key Steps in the Houston Expungement Process
- File a Petition for Expunction: A formal legal document is drafted and filed with the appropriate court in Harris County where the original case was handled. This petition must accurately list all details of the arrest and identify every government agency that may have a record of it.
- Notify All Relevant Agencies: All agencies listed in the petition must be officially served with notice. This includes the arresting agency (e.g., Houston Police Department, Harris County Sheriff’s Office), the Harris County District Attorney’s Office, the court clerk, and statewide agencies like the Texas Department of Public Safety (DPS).
- The Hearing: A hearing is set where a Harris County judge will review the petition. If the petition is legally sufficient and no one objects, the judge will sign an Order of Expungement. If an agency objects, a hearing may be held where your attorney will present evidence and arguments on your behalf.
- The Order of Expungement: Once signed, the Order is a legal command for all notified agencies to destroy their records of your drug possession arrest.
- Compliance and Verification: Agencies are given a specific timeframe to comply with the Order. It’s crucial to follow up to ensure every agency has properly destroyed the records as commanded by the Harris County court.
Start the expungement process with an experienced Houston attorney. Contact us for help.
Why an Experienced Houston Attorney is Crucial for Your Drug Charge Expungement
While it may seem like a straightforward paperwork process, filing for an expungement is a formal lawsuit. Mistakes in the petition, failure to notify the correct agencies, or miscalculating a waiting period can lead to your case being denied, forcing you to start over and costing you valuable time and money.
The Former Prosecutor Advantage
Lisa Shapiro Strauss’s experience as a Former Prosecutor provides a significant advantage. She understands the procedural hurdles and knows what the District Attorney’s office looks for when reviewing an expungement petition. This insight allows her to prepare a thorough and accurate petition designed to minimize the chances of an objection and facilitate a smoother process through the Harris County legal system.
Local Knowledge and Experience
Having handled numerous expungement cases in Houston, Lisa is familiar with the specific procedures of Harris County courts and the various local agencies that must be notified. This local knowledge helps ensure the process is handled correctly and efficiently from start to finish. Don’t risk a denial due to a simple mistake; ensure it’s done right the first time.
Discuss Your Drug Record Expungement with a Former Harris County Prosecutor
FAQs About Expunging Drug Possession Records in Texas
If my drug charge was dismissed, is my record automatically cleared?
No. This is a common and critical misconception in Texas. A dismissal means you are no longer facing the charge, but the arrest record remains public unless you obtain a court-ordered expungement.
Can I expunge a felony drug possession charge?
You can expunge the arrest record for a felony drug possession charge if the case resulted in a dismissal or acquittal and you meet the waiting period. You cannot expunge a felony conviction.
What if I completed deferred adjudication for my drug charge?
If you successfully completed deferred adjudication, you are typically not eligible for an expungement. However, you are likely eligible to file a Petition for Non-Disclosure to seal the record from the public.
Will an expungement remove my drug arrest from federal background checks?
An expungement is a state court order. While it commands state and local agencies in Texas to destroy their records, it may not remove records held by federal agencies. However, it will remove the record from the primary databases used for most employment and housing background checks.
Take the Next Step to Clear Your Record
A past drug possession arrest in Houston shouldn’t dictate your future. If your case was dismissed or you were never convicted, you may be eligible to permanently clear that record through expungement. The first step is to confirm your eligibility with an experienced attorney.
Lisa Shapiro Strauss and her team are ready to help you navigate the Harris County expungement process. Let us put our experience to work for you so you can confidently move forward with a clean slate.
Contact our Houston office now to find out if you can clear your drug arrest record.
