Possession of Drug Paraphernalia and Deferred Disposition (Not Adjudication)

[eagles53]

My question involves criminal law for the state of: Texas

I would like to know if I am eligible for a deferred disposition for my Possession of Drug Paraphernalia citation (a class C misdemeanor) in Eagle Pass, TX. I do not have any other drug related offenses but I do have ticket for not wearing a seat belt in Buda that has a court date of July 5. Also, if I take this route will my record be immediately clear (as if nothing happened) or would I have to get it expunged? If I do have to get it expunged, how long do I have to wait?

Thanks for the help.

[Mr. Knowitall]

Many Texas counties have drug courts (a form of problem solving court), allowing deferrals for qualified defendants. I have not found confirmation as to what's available in your county for adult offenders. A local criminal defense lawyer can advise about any local drug court program or other possibilities for obtaining a deferral.

If you hope to get an expungement, you'll need to make sure that your plea is to an offense no more severe than a Class C misdemeanor and that you get (and complete) a deferred sentence. For a conviction you'll need a pardon to qualify for expungement. For other deferrals, after successful completion and a waiting period you would have the lesser remedy of petitioning to have your record sealed. Read the hundreds of threads discussing Texas law in the criminal records / expungement forum for details.