Texas Expungement of a Class A Misdeanor, Now Class B

[Trust13]

Back in 1992, I was arrested in Johnson County TX for simple possession of MJ, less than 2 ounces, which was a Class B misdemeanor at that time. I was on vacation from out of state and was in a car that was pulled over. Another occupant of the car had a small amount of MJ with them but would not admit that it was their's and we were all charged with possession. I was not guilty, but did not have the funds to plead not guilty, so on my attorney's advice I pled either guilty or no contest in return for a 6 month deferred sentence which I successfully completed. I was under indirect supervision of a probation officer and completed all requirements. It was my understanding at that time that the whole thing would "go away" after 6 months. No one imagined 15 years ago that there would be something called the internet, and now anyone could find the record easily.

I now understand that TX has dropped possession of less than 2 ounces to a Class C misdemeanor. Is this true? And if so, do I qualify for full expunction or do I qualify for non-disclosure?

I have never been in trouble before or after that incident and would like to apply with another state's police department. They are aware of my situation but said that I needed to get it "cleared-up" first.

[Mr. Knowitall]

You can consult a Texas criminal defense lawyer about the possibility of getting your conviction charge reclassified due to the subsequent change in the law; I do not know if it is possible, and it would require considerable legal research to find out - whereas a Texas criminal defense attorney should already know the answer. If you can reclassify your conviction as a Class C deferred sentence, you should qualify to petition for expungement. Otherwise, with the successful completion of a deferred sentence, you should qualify to petition for an order of nondisclosure.