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Expunging a Marijuana Charge in Texas

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  • 01-21-2012, 07:30 PM
    SAdude
    Expunging a Marijuana Charge in Texas
    My question involves criminal records for the state of: Texas

    I went through the expunction process, landed a job and secured a state licence. I did the fingerprint background check and all is good. Not so fast. After answering questions pertaining to my arrest, not including expunged arrest record, on the employment application I began to question my memory of events as a teen. A few days ago, I stopped by the police station and paid for a copy of my arrest record. There is a possession of marijuana from 1979. I originally thought that happened when I was a minor. It was actually a month after my 17th birthday. Its' not in the county, federal, DPS or the sheriffs department files. I was arrested but for whatever reason that I cant remember didn't get a court date.

    On the employment application it clearly states you can be terminated if you omit something that later is discovered. It's too late to reverse that.

    Since the county doesn't have the file, I am going to have to lobby the district clerk's office to create a file. I want this case expunged. When the district's clerk creates this file will the FBI and DPS receive notice? I am worried about this.In other word, will a FBI and DPS temporarily create an arrest record during this expunction process? My employer get updates on my background or at least I assume they do. Those agencies(FBI,DPS) don't have the arrest record so I have no plans of serving them during this expunction process.

    thanks
  • 01-21-2012, 08:11 PM
    Disagreeable
    Re: Complex Expunction
    At 17, your were a minor. The record should not come up.
  • 01-21-2012, 08:19 PM
    Mr. Knowitall
    Re: Expunging a Marijuana Charge in Texas
    As is explained in hundreds of threads, if you received a deferral for a Class C misdemeanor and successfully completed that deferred sentence, you can get an expunction. If you were given a deferral for a more serious charge you generally qualify for an order of nondisclosure after a waiting period. Otherwise, to get an expunction you must first obtain a pardon.
  • 01-21-2012, 08:31 PM
    SAdude
    Re: Expunging a Marijuana Charge in Texas
    Quote:

    Quoting Mr. Knowitall
    View Post
    As is explained in hundreds of threads, if you received a deferral for a Class C misdemeanor and successfully completed that deferred sentence, you can get an expunction. If you were given a deferral for a more serious charge you generally qualify for an order of nondisclosure after a waiting period. Otherwise, to get an expunction you must first obtain a pardon.

    that's not what I was asking.

    Quote:

    Quoting Mr. Knowitall
    View Post
    As is explained in hundreds of threads, if you received a deferral for a Class C misdemeanor and successfully completed that deferred sentence, you can get an expunction. If you were given a deferral for a more serious charge you generally qualify for an order of nondisclosure after a waiting period. Otherwise, to get an expunction you must first obtain a pardon.

    I am worried about ruffling feathers and as a result loosing my job for that. As of now the only agency that has the record is my local police department.
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