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Can you have a drug charge expunged from your record?

The Law Office of E.G. Morris
Jun 25, 2020
1 min read

Updated: Sep 15

People make mistakes every single day. Unfortunately, some of those mistakes can result in a drug charge on your permanent record. The question is, how long should it stay there? There are many instances of people making questionable decisions during their youth and suffering the consequences for a lifetime. Many employers perform background checks before hiring an employee and if you have a drug charge on your record, it may sway their decision to hire you. This article details the requirements for expungement, and what other options may be available.

Expunging a drug charge

According to FindLaw, to expunge a charge from your permanent record, you must meet the eligibility requirements. In Texas, this includes the following factors of your case.

  • Did your case go to trial?

  • Did you receive formal charges for the crime?

  • Has the statute of limitations passed?

  • What is the nature of the offense?

The elements of your case in regards to the abovementioned questions will ultimately determine if you can get a drug charge removed from your record. For example, if your charge involved a minor or a sex crime, it may be more difficult to remove your charge.

Sealing your record

Having your record sealed in an alternative to having your charge expunged. It does not offer the same protections, however. While sealing your record does make it unavailable to employers, investigators and the general public, it does not remove the charge entirely. This means that if you receive charges for a crime in the future, your previous charges will still count against you.

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E.G. MORRIS

CRIMINAL DEFENSE ATTORNEY  ·  AUSTIN, TEXAS

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