Navigating the legal landscape of drug possession charges in Texas can be complex and intimidating. However, there’s a ray of hope for individuals seeking to clear their criminal records: expungement. As an experienced criminal defense attorney at Capetillo Law Firm, Adam Capetillo is here to guide you through the possibility of expungement for drug possession charges in Texas. Read on to learn more and see if you might be eligible.
Understanding Expungement in Texas
Expungement, legally known as an “expunction” in Texas, refers to the legal process of erasing a criminal record under certain conditions. This process is governed by the Texas Code of Criminal Procedure, specifically Articles 55.01 and 55.02. Expungement is available for a range of criminal charges, including some instances of drug possession.
Eligibility for Expungement
The eligibility for expungement of drug possession charges in Texas depends on several factors. These include the nature of the offense, the final disposition of the case, and the individual’s criminal history. Generally, expungement is possible if:
• The drug possession charge was dismissed.
• The individual was acquitted (found not guilty) at trial.
• The arrest did not lead to a charge, or the charge did not result in a conviction.
However, it’s important to note that expungement is not available if the drug possession charge resulted in a conviction unless the conviction was later overturned or pardoned. For more detailed information on eligibility, refer to the Texas Code of Criminal Procedure, Chapter 55.
The Expungement Process
The process of expunging a drug possession charge involves filing a petition with the court. This petition must outline the reasons for eligibility and provide supporting evidence. Once filed, a judge will review the petition and, if all criteria are met, may order the expungement of the record. After expungement, the individual can legally deny the occurrence of the arrest and the expunged charge.
The Impact of Expungement
Expungement can have a significant positive impact on an individual’s life. It can enhance employment prospects, improve housing opportunities, and restore eligibility for certain professional licenses and educational programs. Essentially, it offers a fresh start and a chance to move forward without the burden of a criminal record.
Drug Possession Charges in Texas
In Texas, drug possession charges vary based on the type and amount of the controlled substance. The Texas Health and Safety Code Chapter 481 outlines the penalties for drug possession. Penalties can range from a fine and probation to significant jail time, depending on the specifics of the case.
Why Choose Capetillo Law Firm?
At Capetillo Law Firm, we understand the complexities of drug possession charges and the expungement process in Texas. We are committed to providing personalized and effective legal representation to help you navigate these challenges. Our goal is to achieve the best possible outcome for your case, whether that’s fighting for a dismissal, an acquittal, or pursuing expungement.
Contact Us for Assistance
If you or a loved one is facing drug possession charges in Texas, or if you’re seeking to expunge a past charge, don’t hesitate to reach out for legal assistance. Contact criminal defense attorney Adam Capetillo at Capetillo Law Firm by calling (346) 249-5544. We are here to help you understand your legal options and guide you towards a brighter future.