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  1. #1

    Exclamation Can Law Examiners See Local Records for a Drug Charge

    My question involves criminal law for the state of: Texas. I am a law student getting ready to apply to take the bar exam. Few years ago I got a ticket for possession of drug paraphernalia/marijuana stemming from a dps stop. The case was dismissed for lack of evidence. I pulled my state driving record and criminal history straight from dps and nothing shows up. i checked with county attorney where it happened and he said it only exists on their system and he too checked dps system and said there was no entry. Will bar see only what dps sees and nothing else? if its only on local system, will law examiners still see it? do i disclose or expunge? local county attorney says not to worry about it, but i am.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can Law Examiners See Local Records for a Drug Charge

    Lying on your bar application is not a great way to start your legal career.

  3. #3

    Default Re: Can Law Examiners See Local Records for a Drug Charge

    that's not what i meant. what i mean is, even though its not on my state and federal record, is it serious enough to preclude me from being denied admission or is a dismissed possession charge not going to hurt me if disclosed. if it is damaging enough, should i wait to apply and first have it expunged.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can Law Examiners See Local Records for a Drug Charge

    I don't know what you mean. If they ask about arrests rather than convictions, you must disclose it. Whether it shows up on a background check is immaterial. They may ask because they do count deferred adjudications against you as if they were convictions. However, while you may have to attach additional explanation about a case dismissed for lack of evidence it shouldn't be an issue on applying for the bar. Frankly, even if you were convicted of this I don't think it would be a problem.

  5. #5

    Default Re: Can Law Examiners See Local Records for a Drug Charge

    Thanks I appreciate it. I would of course disclose anything that wasn't expunged. So I'm trying to decide whether if it's not a big deal to disclose a dismissal, even if its on an alleged drug charge, then I would try disclose it and file the application. If it's a character issue, then I was going to postpone my application and go through expungement process first.

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