Legal Question in Criminal Law in Texas

Re: how long does a possesion charge stay on your record

The answer to your question will probably depend on how your possession of marijuana case was ultimately disposed of. If you were arrested, but never formally charged with the offense, then your records of arrest may be eligible for an Expunction. Expunction is a legal procedure where all the records relating to the arrest are destroyed. If an expunction is granted, you may deny that the arrest ever occurred. However, if you entered a plea, whether guilty or no contest, the arrest records are not likely eligible for expunction. Essentially, misdemeanor arrests may be expunged if:

1. arrest and no formal charges filed;

2. arrest and acquittal (not guilty verdict); or 3. arrest and an outright dismissal that did not involve court ordered probation; and

4. there was not a felony conviction 5 years preceding the date of arrest for the offense in which expunction is being sought.

If any of the above four scenarios apply to your case, you may be eligible for an expunction of your arrest records. This is the only way that the record of arrest can be eliminated from your record. If you have any questions, please feel free to contact me at my office (817) 460-7171.

Sincerely,

Jeff C. Kennedy

Kennedy & Kennedy

625 West Main Street

Arlington, Texas 76010